Candidates Notebook Municipal Election - 2011CrTY AF ATLANTIC EAn
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S ECTION 1
S ECTION 11
S ECTION III
S ECTION IV
S ECTION V
CANDIDATE PACKET FOR
ATLANTIC BEACH MUNICIPAL ELECTION
AUGUST 30, 2011
TABLE OF CONTENTS
GENERAL INFORMATION
a..
b.
c.
d.
e.
f.
Memorandum (includes qualifying information)
City Charter
D istrict Map & Ordinance No. 33-08-16
Q uestions frequently asked by candidates
Where to get assistance
Guide to the Sunshine Amendment and Code of Ethics for
P ublic Officers and Employees
E LECTION CALENDAR
a. Election Calendar
CAMPAIGN FINANCING/ELECTION LAWS
a. Notice of Statement of Candidate
b. Election Laws of the State of Florida (includes F.S. 106 -
Campaign Financing)
c. Florida Division of Elections, Candidate and Campaign
Treasurer Handbook
CAMPAIGN SIGNS AND ADVERTISING
a.
b.
Atlantic Beach Code on Political Campaign Signs
Political Advertisements
P OLLING INFORMATION
a. Location of Precincts/Polling Places
b. F.S. 101.131 Watchers at polls
ETT]ILDIL.Ji1\t!1I
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Revised
DATE: June 8, 2011
TO: All Potential Candidates for Elected Office in Atlantic Beach
FROM: Donna L. Bartle, CMC
City Clerk
SUBJECT: 2011 Election
The Candidate's Notebook is being provided to help you meet the many requirements and
deadlines in the campaign process. A detailed Election Calendar can be found in Section II.
Please thoroughly review the material provided in the Candidate's Notebook and if you have
questions, do not hesitate to call me at 247-5809.
The following is a summary of pertinent information.
1. The City Clerk serves as the Supervisor of Elections for Atlantic Beach Municipal
Elections and all questions should be directed to this office first, preferably to the City
Clerk personally. All forms are to be filed with the City Clerk at City Hall, 800
Seminole Road, Atlantic Beach, FL 32233.
2. ELECTION DATES:
The Primary Election will be held on Tuesday, August 30, 2011.
The General Election, if required for a run-off, will be held on Tuesday, November 8,
2011.
3. OFFICES UP FOR ELECTION:
Mayor/Commissioner - Seat 1 (2 -year term) — Currently held by Mike Borno.
Commissioner - Seat 2 (4 -year term)- District 13H- Currently held by John Fletcher.
Commissioner - Seat 3 (4 -year term)- District 13G- Currently held by Paul Parsons.
4. Candidates must be registered voters of Duval County, must have been a full-time resident
for at least one year in the district he/she wishes to represent prior to qualifying and may not
hold any other elective office. Note: The mayor has no district requirement.
5. '11'0 U N{WCOM Ui. A JFILED CANDI ATE VOU MUSTJ[1
as Appoint a Campaign Treasurer and file Form DSDE 9 with the City Clerk.
(i) The treasurer must be a registered voter in the State of Florida.
(ii) The candidate may also serve as his/her own campaign treasurer.
bo WITHIN TEN (10) DAYS OF FILING APPOINTMENT OF CAMPAIGN
TREASURER, CANDIDATE MUST FILE STATEMENT OF CANDIDATE
FO (Form DS -DE 84 found in Section IV of the Candidate's Notebook).
6. Open a campaign account at a bank authorized to do business in the State of Florida. The
bank will probably want a copy of Form DSDE 9. Checks must state something to the
effect, "The John Doe Campaign Account." *(Form DSDE 9 is required to be filed
with the City Clerk before opening the campaign bank account.)
***ALL FORMS MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK* * *
7. TO FILE PETITIONS PRIOR TO OUALIFYING YOU MUST:
a. *Be a FILED CANDIDATE (Have completed Items 5a and 5b above)
*PLEASE NOTE: Item 5b is required within 10 days of filing Item 5a above.
*b. IIeri e eomplrated Item 6 above, and
*b. Submit completed petition(s) signed by at least ten (10) qualified electors of the
City. Petitions can only be circulated for FILED CANDIDATES and not before
Wednesday, May 11, 2011. The deadline for filing the petitions with the City
Clerk is 5:00 pm on June 10, 2011. No nominating petition shall be accepted
unless accompanied by a signed acceptance of the nomination by the candidate
being nominated. Petitions will have to be verified by the City Clerk through the
Duval County Supervisor of Elections (Charter Sec. 39).
8. QUALIFYING PERIOD:
•
Qualifying period begins at noon, Monday, June 20 and will end at noon, Friday,
June 24, 2011.
Items 9d, 9e and 9f below are considered "qualifying documents" or "qualifying papers"
and must be filed during the qualifying period with the City Clerk, at City Hall, 800
Seminole Road, Atlantic Beach, FL 32233. It is the candidate's responsibility to ensure
that qualifying papers are timely received in that office and complete.
9. TO QUALIFY AS A CANDIDATE YOU MUST:
•
a. Be a FILED CANDIDATE (Have completed Item 5a and 5b above),
b. Have completed Item 6,
c. Have completed Item 7c,
d. Take and subscribe to an oath in writing in accordance with F.S. 99.021(1)(a) by
completing Foam DSDE 25,
e. Submit Statement of Financial Interests (CE Form 1), and
Election 2011- Memorandum to Candidates Page 2 of 3
£ Pay an election assessment fee of 1% of the salary of the office being sought (F.S.
99.093 (1)) (Assessment for Mayor's seat is $93.92; City Commission seat $57.16).
NOTE: Any candidate who is unable to pay the election assessment without
imposing an undue burden on his personal resources or on resources otherwise
available to him shall, upon written certification of such inability given under oath
to the City Clerk, be exempt from paying the election assessment (F.S. 99.093(2)).
The City of Atlantic Beach requires no filing fees.
10. Please pay close attention to the dates that Treasurer's Reports (Forms DSDE 12, DSDE
13, & DSDE 14) are due and be sure to turn them in on time. The due dates are listed on
the Election Calendar in Section II of the Candidate Packet. Penalties for all late filings
will be assessed in accordance with F.S. 106.07(9)(b). FLORIDA STATUTES
PROVIDES NO EXCEPTIONS FOR LATE FILING,
11. No contribution may be accepted after 12:00 midnight, Thursday, August 25 for the
election on August 30, 2011, or after 12:00 midnight, Thursday, November 3 for the
election on November 8, 2011.
12. Candidates are allowed to have only one poll watcher in a precinct at one time. The City
Clerk must be notified in writing of the name, address, and precinct assignment of each
poll watcher prior to noon on the second Tuesday preceding the election. Each poll
watcher should be provided with a copy of the rules and regulations pertaining to poll
watchers which is included in Section V of the Candidate's Handbook.
NOTE: Poll watchers must be registered to vote in Duval County.
13. Pursuant to City Charter Sec. 37, "All elections for the office of commissioner and
mayor -commissioner shall be conducted on a nonpartisan basis without any designation
of political party affiliation". Remember this when you fill out forms, ads, disclaimers
and design your campaign signs. Do not indicate or reference party at all, not even as
66no party affiliation" which is not the same as nonpartisan.
Please Note:
*Revisions were made on June 8, 2011 to clarify that form DS -DE 9 is required to be filed
before opening the campaign bank account.
*Revisions were made on June 8, 2011 to clarify that form DS -DE 84, Statement of Candidate, is
required within 10 days of filing the DS -DE 9.
'Revisions were made on June 8, 2011 to eliminate the requirement to have the bank account
prior to filing petitions and 7c is now 7b.
The revised language is indicated in yellow highlight. The
language and yellow underline language has been added.
yellow
is deleted
Election 2011- Memorandum to Candidates Page 3 of 3
PART I CHARTER*
*Editor's note: Section 1 of Ordinance No 28-93-3, adopted August 23, 1993, adopted a new
Charter which amended and repealed all former Charter provisions, and which was approved at
an election held on October 5, 1993. The former Charter derived from Chapter 57-1126 of the
1957 Laws of Florida, and was amended by those special acts and ordinances listed in the
Charter Comparative Tables on pages 79 and 91, respectively. Amendments to the Charter as
herein set out are indicated by historical citations in parenthesis following each amended section.
State law references: Municipal Home Rule Powers Act, F.S. Ch. 166.
Art. I Incorporation; Form of Government; Powers, §§ 1--4
Art. II. The Commission, §§ 5--20
Art. Ill. The City Manager, §§ 21--27
Art. IV. The City Clerk, §§ 28--30
Art. V. The City Attorney, §§ 31, 32
Art. VI Department of Public Safety, § 33
Art. VII. Budget, § 34
Art. VIII. Department of Finance, § 35
Art. IX Elections, §§ 36 -43
Art. X Initiative and Referendum, §§ 44-55
Art. XI Recall Elections, § 56
Art. XII. Franchises, § 57
Art. XIII. Tax Administration, § 58
Art. XIV. Zoning, § 59
Art. XV Municipal Borrowing § 60
Art. XVI Suits Against the City, § 61
Art. XVII. General and Miscellaneous Provisions, §§ 62--78
Art. XVIII. When Act Takes Place, §§ 79, 80
A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH, IN DUVAL COUNTY,
P ROVIDING FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION, POWERS,
PRIVILEGES AND IMMUNITIES WHICH ABOLISHES THE PRESENT CHARTER OF THE
CITY OF ATLANTIC BEACH.
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
S ec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter
established.
The present Charter of the City of Atlantic Beach in Duval County, Florida, is hereby
abolished; and the new Charter, as hereinafter set forth, is hereby established.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 2. Reaffirmation of the incorporation of City of Atlantic Beach.
The establishment of a municipal corporation, known and designated as the City of
Atlantic Beach, organized and constituted in the County of Duval and State of Florida, by an act of
the Florida Legislature in 1957, is hereby reaffirmed and Its territorial boundaries are as follows:
Beginning at a point on the beach of the Atlantic Ocean which is the intersection of
the low water mark line of said Atlantic Ocean and an easterly prolongation of the
southerly boundary line of Kathryn Abby Hanna Park; running thence westerly along the
southerly boundary line of said Kathryn Abby Hanna Park to the easterly right-of-way line
of Old Sherry Drive (County Road No. 551); running thence southerly along said easterly
right-of-way line of Old Sherry Drive (County Road No. 551) to the north boundary line of
fractional Section 5, Township 2 South, Range 29 East; running thence westerly along the
northerly boundary line of said Fractional Section 5 in said Township and Range, to the
eastern right-of-way line of Mayport Road (State Road A -1-A); running thence southerly
along the easterly right-of-way line of said Mayport Road to the north boundary line of
Government Lot 15 of Section 8 running thence easterly along the north boundary line of
said Government Lot 15 to the northwest corner of the east one-half of said Government
Lot 15; running thence southerly along the west boundary line of the east one-half of said
Government Lot 15 to the north boundary line of Sections 17 and 18 in said Township and
Range; running thence westerly along said north boundary line and the north boundary
line of Section 40 to a point at the center line of the Intracoastal Waterway; running thence
southerly along said centerline of the Intracoastal Waterway to the intersection of said
center line with a line sixteen (16) feet northerly of, measured at right angles from and
parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel
line and a prolongation of same to the point of intersection of said prolongation with the
low water mark of the Atlantic Ocean; and running thence northerly along said low water
mark of the Atlantic Ocean to the point or place of beginning; excepting from the territory
hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used
by Selva Marina Country Club as described in deed recorded in Volume 652, page 484
Official Records of Duval County; and jurisdiction of the waters of the Atlantic Ocean two
miles from the low water mark between the north and south lines of said city as above
described, projected easterly two miles; and police jurisdiction for traffic control purposes
over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as
hereinbefore described, over said Mayport Road from the city limits as above described,
northerly to the northern boundary line of said Fractional Section 5; provided, however,
that the city council of the City of Jacksonville, Florida, acting in its capacity as the
governing body of Duval County, Florida, is hereby authorized to construct and maintain
any and all streets, roads, or highways that have at any time heretofore been adopted as
county roads by the board of county commissioners of Duval County, Florida, as it may
deem necessary and proper for the benefit of the public.
(Laws of Florida Ch. 59-1054; Laws of Florida Ch. 86-461; Ord. No. 28-93-3, § 1, 8-23-93; Ord.
N o. 28-96-4, § 3, 1-13-97)
S ec. 3. Form of government.
The municipal government provided by this Charter shall be known as
"Commission -Manager Government ' Subject only to the limitations imposed by the Constitution
and laws of this state and by this Charter, all powers of the city shall be vested in an elective
commission, hereinafter referred to as "the city commission."
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 4. General powers.
The city shall have all powers, governmental, corporate and proprietary, in accordance
with and including the provisions of F.S. Chapter 166, enabling it to conduct municipal
government, perform municipal functions and render municipal services, and may exercise any
Sec. 7. Salary.
The salary of the members of the city commission shall be set by ordinance.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 8. Presiding officer: Mayor.
The mayor -commissioner shall preside at all meetings of the city commission and shall be
recognized as head of the city government for all ceremonial purposes and by the governor for all
purposes of military law. When directed to do so by the city commission the mayor -commissioner
shall execute all instruments to which the city is a party, unless otherwise provided by the Charter
or by ordinance. The mayor -commissioner shall have no regular administrative duties except as
authorized in this Charter but may appoint, from time to time, such special or select committees as
in his discretion he deems desirable or as may be desired by the city commission, to expedite the
handling of the business and affairs of the city. In the temporary absence or disability of the
mayor -commissioner, all duties of the mayor -commissioner shall be performed by the mayor pro
tempore who shall be appointed by the city commission from its members.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without limitation of
the foregoing, the city commission shall have power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of
indebtedness;
Establish official boards and elect the members thereof as recommended by the
mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height number of stories, and size of buildings and other
structures, the percentage of a lot that may be occupied, the size of yards, courts,
and other open spaces, the density of population, and the location and use of
buildings structures, and land and water for trade, industry, residence or other
purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order and
impose penalties for the violation thereof; provided that the maximum penalty to be
imposed shall be a fine of not more than one thousand dollars ($1 000.00) and
imprisonment for a period of time not longer than ninety (90) days;
(8) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the
city commission has passed an ordinance authorizing any such lease;
Sell golf courses, hospitals airports, parks and the public utility system, or any
portion thereof, now owned by the city or hereafter acquired by it after the city
commission has passed an ordinance in which there is a finding that public welfare
(3)
(9)
power for municipal purposes; which powers shall be limited only by the Federal Constitution,
State Constitution, general and special law and any specific limitation in this Charter. The
enumeration of particular powers shall not be deemed as necessary as it is intended that the city
shall have and exercise all powers which it would be competent for this Charter specifically to
enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter
57-1126, Laws of Florida as amended or by any special or general law. The absence of such
enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of the
city
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE II. THE COMMISSION
Sec. 5. Number of commissioners; selection; term.
The city commission shall consist of five (5) electors of the City of Atlantic Beach who have
the qualifications as defined in section 6 of this Charter, elected at Targe without regard for any
designation of political party affiliation. The seats shall be known as seats 1 through 5
respectively, and seat 1 shall be designed as the mayor -commissioner. Seats 2 through 5 shall be
designated as district commissioners, with each commissioner required to reside within the
district from which he or she is elected. The four (4) districts shall be created using the precinct
lines existing as of November, 2007, as a beginning point, shall be established by ordinance, shall
be as equal in population as possible, and to the extent possible shall maintain the integrity of
neighborhoods and communities of interest. The mayor -commissioner shall be elected for
two-year terms and the terms for seats 2 through 5 shall each be four years Effective with the
municipal election in October, 1993, anyone elected or appointed to the office of
mayor -commissioner shall not serve more than four (4) consecutive two-year terms; and any
elected or appointed to commission seats 2 through 5 shall not serve more than two (2)
consecutive four-year terms. Serving any part of a term shall be considered a full term. Nothing
contained herein shall prevent anyone who has served as a city commissioner from being
appointed or elected to the position of mayor -commissioner and then serving in that capacity four
(4) consecutive two-year terms.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-12, § 1, 10-2-07)
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at least
one year immediately prior to qualifying. They shall be electors in the city. Full-time residency
shall be defined as the person's principal place of abode during the year. Members of the city
commission shall not hold any other elective office. Any member of the city commission ceasing
to possess the foregoing qualifications or who shall have been convicted of a crime punishable by
more than one (1) year of imprisonment or a crime involving moral turpitude shall forfeit the seat
prior to the next meeting of the city commission Absence from four consecutive regular meetings
of the city commission shall operate to vacate the seat of a member unless the member's
absence is excused by the city commission by a resolution setting forth the fact of such excuse
duly entered upon the minutes.
(Ord. No. 28-93-3, § 1, 8-23-93)
no longer requires the operation of any such facility and in which are stated the
terms of sale and after such ordinance has been submitted to the qualified voters
of the city at an election called for that purpose;
(10) Provide rules and regulations for all purchases and sales made for and in behalf of
the city;
(11) Appoint, remove and fix the compensation of all officers and employees appointed
by the city commission as hereinafter provided
(12) Exercise any right or authority given or permitted by the Constitution and the laws
of the State of Florida to city commissions not inconsistent with the provisions of
this Charter.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 10. Appointment of city manager.
The city commission shall appoint an administrative officer of the city, who shall have the
title of city manager, who shall have the powers and perform the duties provided in this Charter
and who shall be compensated at a rate set by the city commission. No member of the city
commission shall receive such appointment dunng the term for which the person shall have been
elected, nor within two years after the expiration of the person's term. In the event the City
Manager is incapacitated and unable to appoint a substitute as required in Sec. [Section] 24 of
this Charter, the city commission shall appoint someone to perform the duties of the city manager.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may, if they deem it necessary, appoint a deputy city
manager and deputy city clerk, respectively, who shall be compensated at a rate set by the city
commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 12. Vacancies in the city commission.
If any vacancy occurs in the city commission, the city commission shall elect, within fifteen
(15) days of the vacancy, by the affirmative votes of not less than three members, an eligible
person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next general
election.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 13. Creation of new departments or offices; change of duties.
The city commission, by ordinance, may create, change or abolish offices, departments,
authorities or agencies. The city commission may, by ordinance, assign additional functions or
duties to the offices departments or agencies established by this Charter, but may not
discontinue or assign to any other office, department or agency any function or duty assigned by
this Charter to a particular office, department or agency.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 14. Induction of city commission into office; meetings of the city
commission.
After each primary election or general election (if needed), the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held on the second Monday in November provided that the Supervisor of Elections
has certified the election results. If the election results for any contested city commission seat
cannot be certified prior to the meeting to be held on the second Monday in November, then any
newly elected city commissioners shall assume the duties of office at the next regularly scheduled
meeting of the city commission following receipt of the certified election results from the
S upervisor of Elections. Until the newly elected city commissioners assume the duties of office,
the previous sitting city commissioners shall remain in office. All other regular meetings of the city
commission shall be fixed by ordinance, but there shall not be less than one regular meeting each
month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286 011), all
meetings of the city commission shall be open to the public.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07)
S ec. 15. City commission to be judge of qualifications of its members.
The city commission shall be the judge of the election and the qualifications of its
members as set forth in Section 6 of this Charter. For these purposes the city commission shall
have the power to subpoena such witnesses and require the production and presentation of such
records as may be deemed necessary.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 16. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require a
journal or minutes of its proceedings to be kept and the journal or minutes shall be open to public
inspection.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 17. Ordinances.
In addition to such acts of the city commission as are required by statute or by this Charter
to be by ordinance every act of the City Commission establishing a fine or other penalty, a fee for
service appropriation of funds the contracting of indebtedness, or the sale of real property shall
be by ordinance. The enacting clause of all ordinances shall be: "BE IT ENACTED BY THE CITY
COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA."
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 18. Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in F.S.
S ection 166.041 shall in its entirety constitute the process for such by the Atlantic Beach City
Commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city commission shall designate a certified public
accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall
make an independent audit of accounts and other evidences of financial transactions of the city
government and shall submit a written report to the city commission and to the city manager. Such
accountants shall have no personal interests, direct or indirect, in the fiscal affairs of the city
government or of any of its officers. They shall not maintain any accounts or records of city
business, but within specifications approved by the city commission, shall post -audit the books
and documents kept by the finance director and any separate or subordinate accounts kept by
any other office, department or agency of the city government.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 20. Right of city manager and other officers in city commission.
The city manager and any such other officers of the city as may be designated by vote of
the city commission, shall be required to attend city commission meetings. The city manager shall
have the right to take part in the discussion of all matters coming before the city commission and
the other officers shall be entitled to take part in all discussions of the city commission relating to
their respective offices departments boards commissions, or agencies.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE III. THE CITY MANAGER
S ec. 21. Appointment.
The city manager shall be appointed in accordance with the provisions of Section 10 of
this Charter and shall be compensated at a rate set by the city commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 22. Qualifications.
The city manager shall be chosen by the city commission solely on the basis of
administrative qualifications and with special reference to education and experience in and
knowledge of accepted practice with respect to the duties of this office as set forth hereinafter and
in the city code. Applicants for the position of city manager shall meet the following educational
and experience requirements:
Possession of at least a baccalaureate degree in Public Administration or a directly
related field from a college or university accredited by a recognized accreditation
agency in the United States or from a recognized college or university outside of
the United States, which is acceptable to the city commission; and
Not Tess than three years of administrative experience as a city or county
government chief administrative or executive officer or as an assistant or deputy
city manager.
A graduate degree acceptable to the city commission may be substituted for not
more than one year of the required experience.
(4) Two years of additional experience acceptable to the city commission may be
substituted for each year of education towards a baccalaureate degree, up to a
maximum of eight years.
At the time of appointment, the new city manager need not be a resident of the city or
state, but during the tenure of office shall reside within the city of Atlantic Beach.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 23. Powers and duties.
The city manager shall be the chief administrative officer and as such, head the
administrative branch of the city government. The powers and duties of the city manager shall
include but not be limited to:
(1) Establish and maintain a line of communication with the city clerk; and
(2) Administering and enforcing all enactments of the city commission; and
(3) Preparing and forwarding agenda materials to the city clerk for every commission
meeting; and
(4) Preparing the budget annually and submitting it to the city commission, and being
responsible for its administration after adoption; and
(5) Preparing and submitting to the city commission at the end of each fiscal year, a
complete report on the finances and administrative activities of the city for the year
just completed.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 24. Absence of the city manager.
The duties of the city manager during any temporary absence or disability shall be carried
out by a deputy city manager, or in the absence of the latter, by another administrative officer of
the city designated by the city manager or the deputy city manager.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 25. Removal of the city manager.
The city manager shall serve at the pleasure of the city commission. The city commission
may remove the city manager by the affirmative vote of not Tess than three (3) of its members.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 26. City departments.
Administrative departments as established by ordinance shall report to and serve under
the city manager.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 27. Governance of departments.
The city manager may head one or more administrative department or select and employ
persons qualified in accordance with city personnel practices to supervise, direct and control such
departments.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE IV. THE CITY CLERK
Sec. 28. Appointment; duties.
The city commission shall appoint an executive officer to serve the city commission and to
assure that all its enactments are effectively carried out. The title of the executive officer shall be
"city clerk" and as such, shall be under the direction of and compensated at a rate set by the city
commission.
The duties of the city clerk shall be to:
(1) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting and a permanent record of each
such meeting; and
(3) Disseminate information as necessary about activities, findings, or decisions of the
city commission; and
(4) Provide the city commission with periodic reports as requested about the
effectiveness and efficiency of the legislative programs of the city government; and
(5) Serve as supervisor of election for city elections; and
(6) Serve as custodian of all city records and the seal of the city; and
(7) Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code or
the city commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 29. Qualifications.
The city clerk shall be chosen by the city commission solely on the basis of education and
experience necessary to carry out the responsibilities of executive officer to the city commission
Applicants for the position of city clerk shall meet the following educational and experience
requirements:
(1) At least a baccalaureate in Business Administration or a related field acceptable to
the city commission from a college or university accredited by a recognized
accreditation agency in the United States or from a recognized college or
university outside of the United States which is acceptable to the city commission;
and
(2) Two years of experience in public administration satisfactory to the city
commission.
(3)
In lieu of the required baccalaureate degree, the city commission may in its
discretion, accept four additional years of acceptable experience in public
administration or a related field of public or private service.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 30. Removal of the city clerk.
The city clerk shall serve at the pleasure of the city commission. The city commission may
remove the city clerk by the affirmative vote of not less than three (3) of its members.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE V. CITY ATTORNEY
S ec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney who shall be an attorney with at least five
years of experience in the practice of general, civil or municipal law, admitted in and having
authority to practice in all courts of this state, and who shall be compensated at a rate set by the
city commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 32. Powers and duties.
The duties of the city attorney shall include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and its
officers in matters relating to their official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which the city is
concerned and giving an endorsement of approval as to form and correctness; and
(3) Prosecuting and defending for and on behalf of the city, all civil complaints, suits
and controversies in which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and duties of city
officers; and
(5) Performing such other duties as may be required by ordinance or resolution of the
city commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
S ec. 33 Appointments and responsibilities.
The appointment, duties, functions and other responsibilities of the director of public
safety, police department, police chief fire department, fire chief and their respective staff
members are found in the city code Chapter 2, Divisions 2 and 3.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE VII. BUDGET
Sec. 34. Preparation and adoption.
E ach department head shall be responsible for presenting a budget request to the city
manager by a date established by the city manager or his designee. The director of finance shall
provide the city manager with a preliminary estimate of revenues and beginning fund balances for
the upcoming fiscal year.
U pon receipt of all budget requests, estimated revenues and fund balances, the city
manager shall make any modifications which are determined to be reasonable and justifiable and
thereafter present the budget to the city commission.
The city commission shall review the budget as submitted by the city manager and make
such revisions as deemed necessary. A public hearing will be set to approve the tentative budget
and millage rates A public hearing will be set for final passage of the budget and millage rates.
U pon final adoption, the budget shall be in effect for the next fiscal year. A copy of the
budget, as adopted, shall be filed with the city clerk.
The city shall abide by the requirements established by the Truth in Millage (TRIM) Act.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE VIII. DEPARTMENT OF FINANCE
S ec. 35. Director of finance.
The director of finance shall be the head of the department of finance and shall be
appointed and removed by the city manager The qualifications, powers and duties of the director
of finance are defined in the Code of Ordinances.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE IX. ELECTIONS
S ec. 36. Elections.
The city commission shall, by ordinance, make all regulations which it considers
necessary, not inconsistent with this Charter or state law, for the conduct of municipal elections
and for the prevention of fraud therein.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 37. Nonpartisan elections.
All elections for the office of commissioner and mayor -commissioner shall be conducted
on a nonpartisan basis without any designation of political party affiliation.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 38. Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach who has
qualified as an elector of this state, and who registers in the manner prescribed by F.S. Chapter
98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 39. Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in
Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be
o nly by petition. A petition for this purpose shall be signed by not less than ten (10) qualified
e lectors of the city. The signatures on the nominating petition need not all be subscribed on one
paper Each separate paper shall have affixed a signed statement of the circulator thereof stating
the number of signers of such paper and that each signature appended thereto was made in the
presence of the circulator and is the genuine signature of the person whose name it purports to
be Each signer, including the circulator, shall provide his/her place of residence, including the
street and number. The form of the nomination petition shall be substantially as follows:
' We, the undersigned electors of the City of Atlantic Beach hereby nominate
whose residence is for the office of
Commissioner, Seat No. to be voted for at the election to be held on the
day of A.D., and we individually certify that our
names appear on the rolls of registered voters, and that we are qualified to vote for a
candidate for the city commission
Name, street, and number address from which last date of registered (if different) signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures Each signature appended thereto was made in my presence and is the
genuine signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of qualifying shall be
void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying
period. The qualifying period will begin no later than noon on the 71st day (Monday) prior to the
primary election and will end at noon on the 67th day (Friday) prior to the primary election. All
other qualifying papers shall be filed as one instrument with the city clerk during the qualifying
period. The city clerk shall make a record of the exact time at which each petition is filed, and shall
take and preserve the name and address of the person by whom it is filed. No nominating petition
shall be accepted unless accompanied by a signed acceptance of the nomination in substantially
the following form:
"ACCEPTANCE OF NOMINATION
hereby accept the nomination for Seat No. on the city commission and
agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk shall notify the
candidate and the person who filed the petition whether or not it is found to be signed by the
required number of qualified electors. If a petition is found insufficient, the city clerk shall return it
immediately to the person who filed it with a statement certifying wherein the petition is found
insufficient. Within the regular time for filing petitions, such a petition may be amended and filed
again as a new petition, in which case the time of the first filing shall be disregarded in determining
the validity of signatures thereon, or a different petition may be filed for the same candidate. The
petition of each person nominated to be a member of the city commission shall be preserved by
the city clerk until the expiration of the term of office for which the candidate has been nominated.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07)
S ec. 40. Elections: Primary.
A primary election for the nomination of candidates for the office of city commissioner of
the city shall be held every two (2) years on the Tuesday that is ten (10) weeks prior to the
General Election, for each seat on the city commission which shall become vacant on the second
Monday in November of the same year or when the newly elected city commissioners assume
the duties office in accordance with Sec. 14 of this Charter. The two candidates for each seat to
be filled receiving the greatest number of votes in said primary shall be certified as candidates or
nominees at the general election provided however, that should any candidate receive at such
primary election a majority of all votes cast, he shall be declared regularly elected and shall not be
required to enter the general election as hereinafter provided However, should only one
candidate be nominated for a particular seat an election for that seat will not be required and the
unopposed candidate shall be declared elected to the office of city commissioner.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07)
S ec. 41. Elections: General.
A regular or general election of candidates or nominees to the office of city commissioner
shall be held every two (2) years on the first Tuesday after the first Monday in November, unless
all vacancies have been determined by the primary election in accordance with Section 40 of this
Charter The candidate or nominee receiving the majority of votes for each seat at such general
election shall be declared elected. In the event of a tie between two candidates in the general
election the candidates shall draw Tots in accordance with F.S. 100.181 to determine the winner.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No., 33-07-13, § 1, 10-2-07)
S ec. 42. Elections: Absentee voting.
Except as herein specifically provided all elections and absentee voting in the city shall be
conducted in accordance with the provisions of F.S. Chapter 101.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 43. Elections: Canvassing Board, duties.
The City of Atlantic Beach Canvassing Board shall be composed of the City Attorney, City
Manager and City Clerk. In the event that any member is unable to serve, a replacement member
shall be appointed by the remaining two board members. Said replacement shall be a registered
voter residing in Atlantic Beach. Should the City of Atlantic Beach municipal election occur on
the same day as a county or special election, the county canvassing board will fulfill the following
duties listed in this section. The Atlantic Beach Canvassing Board shall meet in a building
accessible to the public to publicly canvass the absentee electors' ballots and provisional ballots
as provided for in Florida Statutes. Public notice of canvassing shall be given at least 48 hours in
a publication of general circulation in the City of Atlantic Beach. The canvass shall be made from
the returns and certificates of the inspectors as signed and filed by them. The canvassing board
shall submit to the Supervisor of Elections the preliminary returns by 11:59 pm on election night.
S ee FIa.Stat. Chapters 101 and 102 for a complete listing of Canvassing Board duties. The clerk
shall provide a certificate of election to the candidates elected.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07)
ARTICLE X. INITIATIVE AND REFERENDUM
S ec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, except an ordinance
appropriating money or authorizing the levy of taxes and to adopt or reject the same at the polls,
such power being known as the initiative. Any initiated ordinance may be submitted to the city
commission by a petition signed by registered electors of the city equal in number to at least
twenty-five per centum (25%) of the registered electors at the last regular municipal election.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 45. Power of referendum.
Under the power known as the referendum the electors shall have power to approve or
reject at the polls any ordinance passed by the city commission or submitted by the city
commission to a vote of the electors, except as provided in F.S. 166 Part I1 for bond ordinances.
Ordinances submitted to the city commission by initiative petition and passed by the city
commission without change shall be subject to the referendum. Within twenty days after the
enactment by the city commission of any ordinance which is subject to a referendum, a petition
signed by registered electors of the city equal to at least twenty-five per centum (25%) of the
registered electors at the last preceding regular municipal election may be filed with the city clerk
requesting any such ordinance be either repealed or submitted to a vote of the electors.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 46. Form of petitions; committee of petitioners.
All petition papers circulated for the purpose of an initiative or referendum shall be uniform
in size and style, and shall contain the full text of the proposed ordinance. The signatures to the
initiative or referendum petitions need not all be appended to one paper. Signatures on such
petitions shall be in ink and shall be followed by the petitioner's place of residence by street and
n umber. There shall appear on each petition the names and addresses of five electors who, as a
committee of the petitioners, shall be regarded as responsible for the circulation and filing of the
petition
Attached to each separate petition paper there shall be a notarized affidavit signed by the
circulator of the petition stating the number of signatures that all signatures appended thereto
were made in the presence of the circulator and that the circulator believes them to be the
genuine signatures of the persons whose names appear on the petition
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 47. Filing, examination and certification of petitions.
All petition papers comprising an initiative or referendum petition shall be assembled and
filed with the city clerk as one instrument. Within twenty days after a petition is filed, the city clerk
shall determine whether each page of the petition has a proper statement of the circulator and
whether the petition is signed by a sufficient number of qualified electors. The city clerk shall
declare any petition paper invalid which does not have attached thereto an affidavit signed by the
circulator on each page. If a petition paper is found to be signed by more persons than the
n umbers of signatures certified by the circulator, the last signatures in excess of the number
certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the
n umber certified, the signatures shall be accepted unless void on other grounds. After completing
the examination of the petition, the city clerk shall certify the result to the city commission at its
n ext regular meeting If the city clerk certifies the petition is insufficient, a certificate listing the
defective items shall be prepared and provided to the committee of petitioners.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 48. Amendment of petitions.
An initiative or referendum petition may be amended within ten (10) days after the
certificate of insufficiency has been sent by the city clerk. An amended petition may be filed as
provided by Section 46. The city clerk shall, within five (5) days, examine the amended petition
and if the petition is still insufficient, shall file a certificate to that effect and notify the committee of
the petitioners of such findings. The finding of the insufficiency of a petition shall not prejudice the
filing of a new petition.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 49. Effect of certification of referendum petition.
When a referendum petition, or an amended petition, as defined in Section 46 has been
certified as sufficient, the ordinance specified in the petition shall not go into effect until and unless
approved by the qualified registered electors.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 50. Consideration by city commission.
Whenever the city commission receives a certified initiative or referendum petition from
the city clerk, it shall proceed forthwith to consider such petition. A proposed initiative ordinance
shall be read and a public hearing shall be held upon the proposed ordinance. The city
commission shall take final action on the ordinance not later than sixty (60) days after the date on
which such ordinance was submitted to the city commission. If such ordinance is referred for
reconsideration by the city commission, it shall be brought forth for its final vote upon such
reconsideration and the question shall be, "Shall the ordinance specified in the referendum be
repealed?"
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 51. Submission to electors.
If the city commission shall fail to pass an ordinance proposed by initiative petition or shall
pass it in a form different from that set forth, or if the city commission fails to repeal an ordinance
referred for reconsideration, the proposed or referred ordinance shall be submitted to the electors
n ot Tess than thirty (30) days nor more than one year from the date the city commission takes its
final vote If no regular election is to be held within the specified time frame, the city commission
may provide for a special election.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 52. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of the electors in accordance with the initiative and
referendum provision of this Charter shall be submitted by ballot title prepared by the city attorney
o r other legal advisor of the city. The ballot title may be different from the legal title of any such
initiated or referred ordinance and shall be a clear concise statement, without argument or
prejudice, descriptive of the subject of such ordinance. The ballot used in voting upon any
o rdinance shall have below the ballot title the following propositions one above the other in order
indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE "
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be purchased from the Supervisor of Elections
for Duval County in accordance with the provisions of F S. 98.211.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 54. Results of election.
If a majority of the electors shall vote in favor of a proposed initiative or referred ordinance
it shall become an ordinance of the city. If conflicting ordinances are approved by the electors at
the same election, the one receiving the greatest number of the affirmative votes shall prevail.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 55. Repealing ordinances.
Initiated and referred ordinances may be amended or repealed only by a four-fifths
affirmative vote of the full city commission following a public hearing.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XI. RECALL ELECTIONS
S ec. 56. Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XII. FRANCHISES
S ec. 57. Granting of franchises.
The city shall have power to grant a franchise to any private or public enterprise for the use
of streets and other public places in the furnishing of any public service or utility service to the city
and its inhabitants. All franchises and any renewals, extensions and amendments thereto shall be
granted only by ordinance, and under such limitations as may be provided by the laws of the State
of Florida. If the proposed franchise is for fifteen years or more, the ordinance approving said
franchise shall not be effective unless it is approved at a referendum in the same manner provided
in F.S. 166 for the approval of issuance of bonds.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XIII. TAX ADMINISTRATION
S ec. 58. Tax administration.
Tax administration shall be in accordance with Florida Statutes or as otherwise provided
for in the Code of Ordinances.
Note: Currently F.S. 193.116, F.S. 205, and Code of Ordinances Chapter 20.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XIV. ZONING
S ec. 59 Zoning, land development regulations and maximum building height.
Zoning and land development regulations shall be in accordance with Flonda Statutes or
as otherwise provided for within the Code of Ordinances, except that in no case shall the
maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet; provided
however, that existing buildings which exceed thirty-five (35) feet in height may be repaired to that
existing height, no alterations shall be made to any building, which would cause that building to
exceed thirty-five (35) feet in height, and this Charter provision shall not restrict any property
owner's vested rights under constitutional, statutory or common law.
Further provided, however that the city commission may approve, pursuant to the
applicable section of the city's land development regulations, requests to exceed the maximum
building height of thirty-five (35) feet for exterior architectural design elements, exterior decks or
porches within nonresidential land use categories as designated by the future land use map of the
adopted comprehensive plan, for nonresidential development.
The only property excepted from this height limitation shall be certain parts of the existing
Sea Turtle Inn hotel property located at 1 Ocean Boulevard, Atlantic Beach, Florida, which
property is bounded by Ahern Street on the north, the Atlantic Ocean on the east Atlantic
Boulevard on the south, and Ocean Boulevard on the west, and only those parts of said property
as follows:
(1) The existing buildings that exceed thirty-five (35) feet on the property as of the
effective date of this ordinance; and
(2) That part of said property extending west from the existing hotel tower no more
than one hundred twenty-five (125) feet towards the west property line, no closer
than fifty (50) feet to the south property line, with no more than a maximum width of
o ne hundred (100) feet and containing an additional footprint of no more than
e leven thousand five hundred (11 500) square feet.
However, any future development, redevelopment or expansion on these parts of the
property, which are proposed to exceed thirty-five (35) feet in height shall be subject to approval
by the city commission and shall in no event exceed the height of the existing hotel tower building
as of the effective date of this ordinance.
Note: Currently F.S. 163, F.S. 166, and Code of Ordinances Chapters 14 and 20.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 90-06-194, § 1, 8-14-06)
ARTICLE XV. MUNICIPAL BORROWING
S ec. 60. Authority to borrow.
The city may borrow money, contract loans and issue bonds as provided by F.S. 166 Part
II from time to time to finance the undertaking of any capital or other project for the purposes
permitted by the State Constitution, and may pledge funds, credit, property, and tax revenues for
the payment of such debts and bonds.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XVI. SUITS AGAINST THE CITY
S ec. 61. Suits.
N o suit shall be brought against the city for damages arising out of an alleged tortious act,
unless all provisions of state law have been met.
U pon receiving notice of any suit, the city manager shall diligently investigate the matter
and file a written report with the city clerk to be presented to the city commission at its next
meeting. The city clerk shall determine if a special meeting should be scheduled to deal with an
emergency situation. Upon receipt of a written claim for damages by an injured party the city
commission may by ordinance, make a settlement of the claim.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS
S ec. 62. Removal of officers and employees.
Any officer or employee appointed by the city manager or head of any office, department
o r agency may be removed by the city manager at any time pursuant to city ordinances
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 63. Removal of members of boards, commissions, or agencies.
Except as provided in this Charter, an agent, a member of any board, committee, task
force, commission or agency of the city who has been appointed by the city commission may be
removed by the city commission in the same manner as provided for the removal of the city
manager in Section 25 of this Charter.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 64. Investigations.
The city commission, or any committee thereof, the city manager or any advisory board
appointed by the city commission for such purpose, shall have power at any time to cause the
affairs of any department or the conduct of any officer or employee under their jurisdiction to be
investigated; and for such purpose shall have power to compel the attendance of witnesses and
the production of books, papers and other evidences and for that purpose may issue subpoenas
which shall be signed by the president or chairman of the body, or by the officer making the
investigation, and shall be served by an officer authorized to serve such process. The authority
making such investigation shall have power to cause the testimony to be given under oath such
o ath to be administered by some officer having authority under the law of the state to administer
o aths. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered
u nder the provisions of this section shall constitute a violation of the municipal ordinance and shall
be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to
exceed sixty days, or both. Enforcement of any violation of this municipal ordinance shall be by
the State Attorney's office.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 65. Publicity of records.
To the extent required by F.S. Chapter 119, records and accounts of every office,
department or agency of the city shall be public records and open to inspection under reasonable
regulations established by the city commission in accordance with the Public Records Act.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 66. Personal interest.
No member of the city commission, any officer of the city or department head shall have a
financial interest, direct or indirect, in any contract or in the sale to the city or to a contractor
supplying the city of any land or rights or interests in any land, material, supplies or services. Any
wilful violation of this section shall constitute malfeasance in office, and shall be grounds for
removal or termination. Any contract entered into in violation of this section shall be voidable by
the city manager or the city commission
(Ord. No. 28-93-3, § 1, 8-23-93)
State law references: Code of ethics and public officers and employees, F.S. 112, Part III.
S ec. 67. Official bonds.
The city commission shall determine whether or not each officer, clerk, or employee shall
give bond, and the amount thereof but all officers, clerks and employees handling any funds or
property of the city shall be required to give bond to the city, which bonds shall be procured from a
regularly accredited surety company, authorized to do business under the Laws of Florida, the
premiums on such bonds to be paid by the city. All such bonds shall be filed in the office of the city
clerk.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 68. Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his office,
take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city
clerk:
"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the
United States and of the State of Florida, that I will, in all respects observe the provisions
of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the
duties of the office of ."
(Ord. No. 28-93-3, § 1, 8-23-93)
State law references: Oaths required of persons on payroll, F.S. 876.05.
S ec. 69. Effect of this Charter on existing law.
All laws ordinances and resolutions relating to or affecting the city in force when this
Charter takes effect are hereby repealed and superseded to the extent that such are inconsistent
with the provisions of this Charter
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 70. Rights of officers and employees preserved.
Nothing contained in this Charter, except as specifically provided shall affect or impair the
rights or privileges of officers or employees of the City of Atlantic Beach or of any office,
department, board, commission or agency existing at the time when this Charter shall take effect.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 71. Continuance of present officers.
All commissions, administrative and executive officers, agents, department heads, board
and committee members and their powers duties and obligations at the time this Charter takes
effect shall continue in effect until provisions have been made in accordance herewith for the
performance of such duties or the discontinuance of such office, powers or obligations.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 72. Continuity of offices, boards, commissions or agencies.
Any office, department, board, commission or agency provided for in this Charter with
powers and duties the same or substantially the same as those which previously existed shall be
deemed to be a continuation of such office department, board, commission, agent or agency with
the power to continue its duties and obligations.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 73. Transfer of records and property.
All records, property and equipment whatsoever of any office, department, board,
commission, agency, or agent, all the powers and duties of which are assigned to any other office,
department, board, commission, or agency by this Charter, shall be transferred and delivered to
the office, department, board, commission, or agency to which such powers and duties are so
assigned. If part of the powers and duties of any office, department, board, commission, or
agency are by this Charter assigned to any other office, department, board, commission, or
agency, all records property and equipment relating exclusively thereto shall be transferred and
delivered to the office, department board, commission or agency to which such powers and
duties are so assigned.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 74. Title to property reserved.
The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments,
decrees and choses in action, held or owned by the City of Atlantic Beach shall continue to be
vested in the corporation under this Charter.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 75. Continuance of contracts and public improvements.
All contracts entered into by the City of Atlantic Beach, or for its benefit, prior to the taking
effect of this Charter, shall continue in full force and effect. Public improvements, for which
legislative steps have been taken under laws or Charter provisions existing at the time this
Charter takes effect, shall be carried to completion in accordance with the provisions of such
existing laws and Charter provisions.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 76. Pending actions and proceedings.
•
No action or proceeding, civil or criminal, pending at the time when this Charter takes
effect, brought by or against the City of Atlantic Beach or any office, department, board, agents,
commission or agency or officer thereof, shall be affected or abated by the adoption of this
Charter or by anything therein contained.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 77. Short title.
This Charter shall be known as the "Atlantic Beach Charter."
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 78. Separability clause.
If any section or part of a section of this Charter shall be held invalid by a court of
competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in
which such section or part of section so held invalid may appear, except to the extent that an
e ntire section or part of a section may be inseparably connected in meaning and effect with the
section or part of section to which such holding shall directly apply.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XVIII. WHEN ACT TAKES EFFECT
S ec. 79. Effective date of Act.
This Act shall go into effect subject to the referendum and in accordance with state law
u nder F S. 166.031.
(Ord. No. 28-93-3, § 1, 8-23-93)
S ec. 80. Effect of changes in state law.
In the event of changes in state law which are in conflict with any provisions of this Charter,
state law shall prevail.
(Ord. No. 28-93-3, § 1, 8-23-93)
Last Amended: September 22, 2008 Ordinance No. 33-08-16
Atlantic Beach, Florida
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ORDINANCE NO. 33-08-16
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ESTABLISHING THE FOUR DISTRICTS FOR SEATS TWO THROUGH
FIVE OF THE CITY COMMISSION, ASSIGNING CITY COMMISSION
SEATS TO THE DISTRICTS, ADDING RESIDENCY REQUIREMENTS,
SETTING AN ELECTION SCHEDULE, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to a referendum passed by a majority of the voters at the last municipal
election held on October 2, 2007, Sec. 5 of the Charter of the City of Atlantic Beach was amended to
provide for four (4) of the city commissioners to continue to be elected at large, but from districts, and
WHEREAS, said referendum provided that City Commission Seats 2 through 5 be designated
as district commissioners and that the four (4) districts shall be established by ordinance, and
WHEREAS, said referendum also provided that the districts should be established using the
voting precinct lines existing as of November, 2007, as a beginning pomt, and that said districts shall
be as equal m population as possible and to the extent possible maintain the integrity of
neighborhoods and communities of interest, and
WHEREAS, it is necessary for the City Commission to establish the four (4) districts, adopt
residency requirements, and assign City Commission Seats 2 through 5 to the newly established
districts.
NOW THEREFORE, BE ORDAINED BY CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. There are hereby established four (4) voting districts within the City of Atlantic Beach
for Seats 2 through 5 of the City Commission, as follows:
(a) District 13H shall be as shown on the attached drawing entitled Atlantic Beach
Voting Districts, the boundaries of which are as follows: Beginning at a point
at the intersection of Plaza Drive and East Coast Drive, running northerly along
East Coast Drive to 15th Street; running thence westerly to Seminole Road;
running thence northerly along Seminole Road to the intersection of 18th Street;
running thence westerly along Satunba Drive to the intersection of Selva
Marina Drive; running thence north along Selva Marina Drive to the
intersection of 20th Street; running thence to the west along 20th St and then
Fleet Landing Boulevard East to the entrance to the Fleet Landing development;
running thence north along the property line to the city limits; running thence
westerly along the northern city limits of Atlantic Beach to Mayport Road,
running thence south along Mayport Road to a point where the city limits of
Atlantic Beach turns east just south of the Fairway Villas Subdivision; running
thence east, then north, southeast, south and then back to the west to follow the
city limits line around the edge of the property owned by the Selva Marina
Country Club to intersection of Dutton Island Road East with Frances Street,
Ordinance No. 33-08-16 Page 1
(b)
thence westerly along Dutton Island Road East to the intersection with Mayport
Road; thence running along Mayport Road southerly to its intersection with
Donner Drive; and running thence east along Donner Drive to Frances Street /
Wahoo Street as extended, thence south along Wahoo Street as extended to
Amberjack Lane thence east and then south along Amberjack Lane to Plaza
Drive, thence east along Plaza Drive to the beginning point.
District 130 shall be as shown on the attached drawing entitled Atlantic Beach
Voting Districts, the boundaries of which are as follows: Beginning at a point of
the City of Atlantic Beach's northern city limits on the east at its intersection
with the Atlantic Ocean; then extending west along the southern boundary of
Hanna Park to the city s northwest city limits line Located on the southwest
corner of the Hanna Park property; extending thence south along the city limits
line and then west to the northeast border of the Fleet Landing property'
extending thence south to the intersection of Fleet Landing Boulevard East,
extending thence east along Fleet Landing Boulevard East to its intersection of
Selva Marina Drive; running thence south along Selva Marina Drive to its
intersection with Saturiba Dnve• extending thence east along Satunba Drive to
its intersection with Seminole Road; extending south along Seminole Road to
its intersection with 15th Street; thence extending to the east along 15th Street to
its intersection with East Coast Drive; thence extending south along East Coast
Drive to its intersection at Plaza Drive; thence extending east along Plaza Drive
to Ocean Blvd; thence extending south along Ocean Blvd to its intersection
with 8th Street, thence running east along 8th Street to Beach Avenue, thence
extending south along Beach Avenue to its intersection with 7th Street; thence
extending east along 7th Street to the ocean thence extending north along the
ocean to the beginning point at the northeast city limits point of Atlantic Beach.
(c) District 13F shall be as shown on the attached drawing entitled Atlantic Beach
Voting Districts, the boundaries of which are as follows Beginning at the
southern city limits of Atlantic Beach at the intersection of Atlantic Boulevard
and the ocean and extending north along the ocean to a point where 7th Street
extended eastward, would intersect the ocean, thence extending to the west
along 7th Street to its intersection with Beach Avenue; thence extending north
along Beach Avenue to its intersection with 8th Street; thence extending west
along 8th Street to its intersection with Ocean Blvd; thence extending north
along Ocean blvd. to its intersection with Plaza Drive, thence extending west
along Plaza Drive to its intersection with East Coast Dnve; thence extending
south along East Coast Drive to its intersection at Plaza Drive; thence extending
to the west along Plaza Drive to its intersection with Amberjack Lane West;
thence extending north and then west along Amberjack Lane to its intersection
with Wahoo Street; thence extending north along Wahoo Street as extended to
the intersection of Francis Street and Donner Drive; thence extending west
along Donner Drive to its intersection with Mayport Road, thence extending
south along Mayport Road to its intersection with Plaza Drive; thence extending
east along Plaza Drive to its intersection with Royal Palms Drive; thence
extending south along Royal Palms Drive to its intersection with Atlantic
Ordinance No. 33-08-16 Page 2
Boulevard; thence extending along Atlantic Boulevard to the beginning point at
the ocean.
(d) District 13S shall be as shown on the attached drawing entitled Atlantic Beach
Voting Districts the boundaries of which are as follows: Beginning on Atlantic
Boulevard at its intersection with Royal Palms Drive extending north along
Royal Palms Drive to its intersection of P1a7a Drive thence extending west
along Plaza Drive to its intersection with Mayport Road; thence extending
northeast along Mayport Road to its intersection with Dutton Island Road;
thence extending west along the city limits along Dutton Island Road to the
Intercoastal Waterway; thence running south to the intersection of the
Intercoastal Waterway and Atlantic Boulevard; thence running along Atlantic
Boulevard to the east to the point of beginning at the intersection of Royal
Palms Drive.
SECTION 2. All City Commissioners shall continue to be elected At -Large, but the District
Commissioners must be full time residents of the respective districts for at least one (1) year
immediately prior to qi alifying must remain full time residents of their respective districts during any
term in office, and must otherwise meet all other qualifications as set forth in Section 6 of the Charter
of the City of Atlantic Beach.
SECTION 3. Seats 4 (13F) and 5 (13S) shall be up for election in 2009, and Seats 2 (13H) and 3
(13G) shall be up for election in the year 2011. This rotation shall continue so that every two (2) years
the City shall elect its Mayor and two (2) District Commissioners
SECTION 4. The district residency requirements contained herein shall not apply to the currently
seated members of the city commission at the time of passage of this ordinance, but shall apply to all
future district commissioners beginning with the election in the year 2009
SECTION 5. This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 8th day of September, 2008.
PASSED by the City Commission on second and final reading this 22r day of
sceatem b ei , 2008.
A
eovhet• or
DONNA L. BARTLE, CMC
City Clerk
App
���� and correctness:
C. JENSEN, ESQUIRE
ttomey
Ordinance No. 33-08-16
Page 3
QUESTIONS FREQUENTLY ASKED BY CANDIDATES
What are the qualifications required to be a candidate for election?
Candidates must be registered to vote in the City of Atlantic Beach, must have been full-
time residents of the city for at least one year prior to qualifying, and must not hold any
other elective office. (City Charter, Sec. 6)
Commissioner Seats 2-5 are designated as district commissioners, with each
commissioner required to reside within the district from which he or she is elected (at least
one year prior to qualifying). (City Charter, Sec. 5)
If a Commissioner wishes to resign his seat to run for Mayor, when should his
resignation be submitted?
The resignation must be submitted to the City Clerk and a copy furnished to the Governor
and the Department of State thirty days before the first day of qualifying for the office he
intends to seek. The resignation must be effective no later than the earlier of the following
dates 1) The date the Commissioner would take his new office, if elected; or 2) The date
the commissioner's successor is required to take office. A Commissioner wishing to
resign to run for Mayor must submit his/her resignation by 5:00 pm on Friday, May 20,
2011. (F.S. Section 99.012) (City Code Section 2-21)
3. When may I begin raising campaign funds?
A potential candidate may begin raising funds at any time after filing designation of a
campaign treasurer and bank depository and filing the DSDE 9 and DSDE 84 with the City
Clerk. The campaign account must be separate from any personal accounts and used
only for depositing campaign funds and making campaign expenditures.
4. Who may serve as a campaign treasurer?
Anyone.
5. Can a candidate serve as his/her own campaign treasurer?
Yes. (FS 106.021) However, if the candidate designates another person as his campaign
treasurer, he should consider designating himself as the deputy treasurer. That way, if the
treasurer is not available to sign campaign reports when they are due, the candidate could
do so, thus avoiding a late fine.
6. What are my responsibilities as a candidate for reporting campaign fund activities?
Each candidate is personally responsible for compliance with the requirements of F.S.
Chapter 106 to appoint a campaign treasurer, maintain records of contributions and
expenditures and file sworn statements of contributions and expenditures. (Treasurer
reports DSDE 12 DSDE 13, DSDE 14) Reports must be filed with the City Clerk by the
scheduled reporting dates (see calendar included) and should include contributions and
expenditures for the reporting period as well as any in-kind contributions received during
the reporting period. Non-compliance with reporting requirements will result in a fine of
Election 2011- Frequently Asked Questions Page 1 of 3
$50.00 per day for the first 3 days late and, thereafter, $500.00 per day for each late day,
not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period
covered by the late report However, for reports immediately preceding the primary and
general election the fine shall be $500 per day for each day, not to exceed 25% of the total
receipts or expenditures, whichever is greater, for the period covered by the late report. The
fines must be paid from the candidate's personal funds, not from campaign contributions.
(FS. 106.07(2)(8))
Note: A candidate should never spend money from the campaign account unless there
are sufficient funds on deposit to pay the full amount of the authorized expense.
7. May I submit my treasurer's report by fax?
No. The original report must be filed by the due date and time.
8. Where can I get the required forms?
Forms which are prescribed by the Secretary of State are included in the campaign packet,
on the Internet at http://election dos.state fl us/ by selecting Forms and Publications and then
forms, and copies are available from the City Clerk.
9. If 1 do not collect or spend any money during a reporting period, do 1 still have to file
a campaign treasurer's report?
If you dol not collect or spend any money during a reporting period, you must file a Waiver
of Report (Form DS -DE 87) with the City Clerk by the due date of the report (FS 106.07)
10. What if 1 want to change my campaign treasurer?
File a reappointment of campaign treasurer (Form DSDE 9) with the City Clerk along with a
copy of the letter of resignation or removal (F.S. 106.021 (2))
11. Do I have to designate a campaign treasurer and depository before I make public my
intention to run for office?
No. A person must appoint a campaign treasurer and designate a depository prior to
qualifying for office obtaining petitions accepting contributions or making expenditures.
Nothing in the election laws prohibits a person from announcing their intention to become a
candidate prior to designating a treasurer or depository as long as no contributions are
received and no expenditures are made in connection with that announcement. (Section
106.021 F.S.)
Please Note: "No person shall accept any contribution or make any expenditure with a
view to bringing about his or her nomination, election, or retention in public office or
authorize another to accept such contributions or make such expenditure on the person's
behalf, unless such person has appointed a campaign treasurer and designated a primary
campaign depository." F.S. 106.021 (1)(a).
Election 2011- Frequently Asked Questions Page 2 of 3
12. Is a candidate able to file the qualifying documents prior to the Qualifying Period?
N o. All qualifying documents must be submitted during the Qualifying Period (Noon on
June 20, 2011 until Noon on June 24, 2011)
13. Can a deputy treasurer file and submit campaign reports?
Yes. A deputy treasurer may perform all of the duties of a campaign treasurer when
specifically authorized to do so by the campaign treasurer in the case of a candidate, or
the campaign treasurer and chairperson in the case of a political committee. (Section
106.021(4), F.S.)
14. If my treasurer is out of town, can I have an extension to file my report?
N o. The election laws do not provide for an extension under these circumstances.
(Sections 106.04(4)(b)1., 106.07(2)(b) and (3) F.S.)
15. Can my political ad say "re-elect" if I'm not the incumbent?
The word "re-elect" may not be used if the candidate is not the incumbent for the office
sought. The word "for" must be used between the name of the candidate and the office
sought. (Section 106 143(5), F.S.)
16. Must I have a disclaimer on my campaign advertisements?
Yes. However, there are a few exceptions. Please refer to F.S. Section 106.143 for
complete disclaimer requirements.
B elow is a brief explanation on what is required when the political advertisement is paid for
by a candidate running for a non-partisan office, which is what we have in Atlantic Beach.
Any political advertisement that is paid for by a candidate running for a non-partisan office
and that is published, displayed, or circulated prior to, or on the day of, any election must
prominently state:
"Political advertisement paid for and approved by (name of candidate) for (office
sought)".
Example. Candidate John Doe running for Commissioner Seat 4 in the Atlantic Beach
Municipal Election would use the following disclaimer.
`Political advertisement paid for and approved by John Doe for Commissioner Seat 4".
An alternative version may state: "Paid by (name of candidate) for (office sought) " However, if
the alternative version is used, the advertisement must also expressly state that its content was
approved by the candidate. -
Election 2011- Frequently Asked Questions Page 3 of 3
WHERE TO GET ASSISTANCE
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2011
FLORIDA COMMISSION ON ETHICS
GUIDE to the SUNSHINE AMENDMENT
and
CODE of ETHICS for Public Officers and Employees
Roy Rogers, Chair
Lighthouse Point
Robert J Sniffen, Vice Chair
Tallahassee
Morgan Bentley
Sarasota
Cheryl Forchilli
Tampa
I Martin Ford
Vero Beach
Susan Horovitz Maurer
Ft. Lauderdale
Jean M Larsen
Port St. Lucie
Albert P. Massey, III
Ft. Lauderdale
Philip C. Claypool
Executive Director
P.O. Drawer 15709
Tallahassee, FL 32317-5709
www.ethics state.fl.us
(850) 4887864*
*Please direct all requests for information to this number.
TABLE OF CONTENTS
I. HISTORY OF FLORIDA'S ETHICS LAWS 1
II. ROLE OF THE COMMISSION ON ETHICS 2
III. THE ETHICS LAWS 3
A. PROHIBITED ACTIONS OR CONDUCT 3
1. Solicitation or Acceptance of Gifts 3
2. Unauthorized Compensation 4
3. Misuse of Public Position. 4
4. Disclosure or Use of Certain Information 4
5. Solicitation or Acceptance of Honoraria 5
B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS 6
1. Doing Business With One s Agency 6
2. Conflicting Employment or Contractual Relationship... .6
3. Exemptions 7
4. Additional Exemption 8
5. Lobbying State Agencies by Legislators 8
6 Employees Holding Office 8
7. Professional & Occupational Licensing Board Members 9
8. Contractual Services: Prohibited Employment 9
9. Local Government Attorneys 9
C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING
WITH RELATIVES 9
1. Anti -Nepotism Law. 9
2. Additional Restrictions 10
D. POST OFFICEHOLDING & EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS 10
1.Lobbying By Former Legislators, Statewide Elected Officers,
and Appointed State Officers 10
2. Lobbying By Former State Employees 11
3. Additional Restrictions on Former State Employees 12
4. Lobbying By Former Local Government Officers and Employees 13
E. VOTING CONFLICTS OF INTEREST 13
F. DISCLOSURES 14
1. Form 1 - Limited Financial Disclosure 15
2. Form 1F - Final Form 1 18
3. Form 2 - Quarterly Client Disclosure 18
4. Form 6 - Full and Public Disclosure 19
5. Form 6F - Final Form 6 20
6. Form 9 - Quarterly Gift Disclosure 20
7. Form 10 - Annual Disclosure of Gifts from Governmental Entities and Direct
Support Organizations and Honorarium Event Related Expenses 21
8. Form 30 - Donor's Quarterly Gift Disclosure 22
9. Forms 1X and 6X — Amendments 23
IV. AVAILABILITY OF FORMS 23
V PENALTIES 24
A. For Violations of the Code of Ethics 24
B . For Violations by Candidates24
C. For Violations by Former Officers and Employees 24
D . For Lobbyists and Others 25
E . Felony Convictions: Forfeiture of Retirement Benefits 25
F. Automatic Penalties for Failure to File Annual Disclosure 25
VI. ADVISORY OPINIONS 26
A. Who Can Request an Opinion 26
B . How to Request an Opinion 26
C. How to Obtain Published Opinions 26
VII. COMPLAINTS 27
A. Citizen Responsibility 27
B . Confidentiality 27
C. How the Complaint Process Works 28
D . Dismissal of Complaint at Any Stage of Disposition 29
E . Statute of Limitations 29
VIII. EXECUTIVE BRANCH LOBBYING 30
IX. WHISTLE -BLOWER'S ACT 31
X. ADDITIONAL INFORMATION 31
XI. ONLINE TRAINING 32
FLORIDA COMMISSION
ON ETHICS
GUIDE TO THE
SUNSHINE AMENDMENT
and
CODE OF ETHICS
for
PUBLIC OFFICERS
and EMPLOYEES
I. HISTORY OF FLORIDA'S ETHICS LAWS
Florida has been a leader among the states in establishing ethics standards for public
officials and recognizing the right of her people to protect the public trust against abuse. Our
State Constitution was revised in 1968 to require that a code of ethics for all state employees
and non -judicial officers prohibiting conflict between public duty and private interests be
prescribed by law.
Florida's first successful constitutional initiative resulted in the adoption of the "Sunshine
Amendment" in 1976, providing additional constitutional guarantees concerning ethics in
government. In the area of enforcement, the Sunshine Amendment requires that there be an
independent commission (the Commission on Ethics) to investigate complaints concerning
breaches of public trust by public officers and employees other than judges.
The "Code of Ethics for Public Officers and Employees" adopted by the Legislature is
found in Chapter 112 (Part 111) of the Florida Statutes. Foremost among the goals of the Code
is to promote the public interest and maintain the respect of the people for their government.
The Code is also intended to ensure that public officials conduct themselves independently
and impartially not using their offices for private gain other than compensation provided by
law. While seeking to protect the integrity of government, the Code also seeks to avoid the
creation of unnecessary barriers to public service.
Criminal penalties which initially applied to violations of the Code were eliminated in 1974
in favor of administrative enforcement. The Legislature created the Commission on Ethics that
year "to serve as guardian of the standards of conduct" for public officials, state and local. Five
of the Commission's nine members are appointed by the Governor, and two each are
appointed by the President of the Senate and Speaker of the House of Representatives. No
more than five Commission members may be members of the same political party and none
may hold any public employment during their two-year terms of office. A chair is selected from
among the members to serve a one-year term and may not succeed himself or herself.
1
II. ROLE OF THE COMMISSION ON ETHICS
In addition to its constitutional duties regarding the investigation of complaints, the
Commission:
• Renders advisory opinions to public officials;
• Prescribes forms for public disclosure;
• Prepares mailing lists of public officials subject to financial disclosure for use by
Supervisors of Elections and the Commission in distributing forms and notifying delinquent
filers;
• Makes recommendations to disciplinary officials when appropriate for violations of ethics
and disclosure laws, since it does not impose penalties;
• Administers the Executive Branch Lobbyist Registration and Reporting Law,
• Maintains financial disclosure filings of constitutional officers and state officers and
employees;
• Administers automatic fines for public officers and employees who fail to timely file
required annual financial disclosure;
• May file suit to void contracts.
I11. THE ETHICS LAWS
The ethics laws generally consist of two types of provisions, those prohibiting certain
actions or conduct and those requiring that certain disclosures be made to the public. The
following descriptions of these laws are simplified to put people on notice of their
requirements. Therefore, we also suggest that you review the wording of the actual law.
Citations to the appropriate laws are contained in brackets.
The laws summarized below apply generally to all public officers and employees, State
and local, including members of advisory bodies. The principal exception to this broad
coverage is the exclusion of judges, as they fall within the jurisdiction of the Judicial
Q ualifications Commission.
Public Service Commission members and employees, as well as members of the P.S.C.
N ominating Council, are subject to additional ethics standards that are enforced by the
Commission on Ethics under Chapter 350, Florida Statutes. Further, members of the
govern ng boards of charter schools are subject to some of the provisions of the Code of
Ethics [see § 1002.33 (25), Florida Statutes], as are the officers, directors, chief executive
officers and some employees of business entities that serve as the chief administrative or
executive officer or employee of a political subdivision [ See § 112.3136, Florida Statutes].
A. PROHIBITED ACTIONS OR CONDUCT
1. Solicitation and Acceptance of Gifts
Public officers, employees local government attorneys and candidates are prohibited
from soliciting or accepting anything of value, such as a gift loan, reward, promise of future
employment, favor, or service, that is based on an understanding that their vote, official action,
or judgment would be influenced by such gift. [Sec. 112.313(2), Fla. Stat.]
2
A person required to file financial disclosure FORM 1 or FORM 6 (see part III F of this
brochure), as well as a procurement employee for the State, is prohibited from soliciting any
gift from a political committee, committee of continuous existence lobbyist who has lobbied
his or her agency within the past 12 months, or the partner, firm, employer, or principal of such
a lobbyist. [Section 112.3148, Fla Stat.]
A person required to file FORM 1 or FORM 6, as well as a State procurement employee,
is prohibited from directly or indirectly accepting a gift worth over $100 from such a lobbyist,
from a partner, firm, employer, or principal of the lobbyist, or from a political committee or
committee of continuous existence. [Section 112.3148, Fla. Stat.]
H owever, effective in 2006 and notwithstanding Section 112.3148, Fla. Stat., no Executive
B ranch or legislative lobbyist or principal shall make directly or indirectly, and no Executive
B ranch agency or legislative official or employee who files FORM 1 or FORM 6 shall knowingly
accept, directly or indirectly, any expenditure made for the purpose of lobbying. Typically, this
would include gifts valued at less than $100 that formerly were permitted under Section 112.3148,
Fla. Stat. [Sec 112.3215, Fla. Stat.]
2. Unauthorized Compensation
P ublic officers or employees, local government attorneys, and their spouses and minor
children are prohibited from accepting any compensation, payment, or thing of value when they
know, or with the exercise of reasonable care should know, that it is given to influence a vote
or other official action. [Sec. 112.313(4), Fla. Stat.]
3. Misuse of Public Position
P ublic officers and employees, and local government attorneys are prohibited from
corruptly using or attempting to use their official positions to obtain a special privilege for
themselves or others. [Sec. 112.313(6), Fla. Stat.]
4. Disclosure or Use of Certain Information
P ublic officers and employees, and local government attorneys are prohibited from
disclosing or using information not available to the public and obtained by reason of their
public positions for the personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.]
5. Solicitation or Acceptance of Honoraria
A person required to file financial disclosure FORM 1 or FORM 6 (see part 111 F of this
brochure), as well as a procurement employee for the State, is prohibited from soliciting an
honorarium which is related to his or her public office or duties. [Section 112.3149, Fla. Stat.]
A person required to file FORM 1 or FORM 6, as well as a State procurement employee,
is prohibited from knowingly accepting an honorarium from a political committee committee
of continuous existence, lobbyist who has lobbied the person's agency within the past 12
months, or the partner, firm, employer, or principal of such a lobbyist. However, he or she may
accept the payment of expenses related to an honorarium event from such individuals or
entities, provided that the expenses are disclosed. See part III F of this brochure. [Section
112 3149, Fla. Stat
Lobbyists and their partners, firms, employers, and principals, as well as political
committees and committees of continuous existence, are prohibited from giving an honorarium
to persons required to file FORM 1 or FORM 6 and to State procurement employees. Violations
3
of this law may result in fines of up to $5,000 and prohibitions against lobbying for up to two
years [Section 112.3149 Fla. Stat ]
However, notwithstanding Section 112.3149, Fla. Stat., no Executive Branch or legislative
lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency or
legislative official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or
indirectly, any expenditure made for the purpose of lobbying. This may include honorarium
event related expenses that formerly were permitted under Section 112.3149, Fla. Stat. [Sec.
112.3215, Fla. Stat.]
B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS
1. Doing Business With One's Agency
(a) A public employee acting as a purchasing agent, or public officer acting in an official
capacity, is prohibited from purchasing, renting, or leasing any realty, goods, or services for
his or her agency from a business entity in which the officer or employee, his or her spouse, or
child own more than a 5% interest. [Sec. 112.313(3), Fla. Stat.]
(b) A public officer or employee acting in a private capacity, also is prohibited from
renting, leasing, or selling any realty, goods, or services to his or her own agency if the officer
or employee is a state officer or employee, or, if he or she is an officer or employee of a
political subdivision, to that subdivision or any of its agencies. [Sec. 112.313(3), Fla. Stat.]
2. Conflicting Employment or Contractual Relationship
(a) A public officer or employee is prohibited from holding any employment or contract
with any business entity or agency regulated by or doing business with his or her public
agency. [Sec. 112.313(7), Fla. Stat.]
(b) A public officer or employee also is prohibited from holding any employment or having
a contractual relationship which will pose a frequently recurring conflict between private
interests and public duties or which will impede the full and faithful discharge of public duties.
[Sec. 112.313(7), Fla Stat.]
(c) Limited exceptions to this prohibition have been created in the law for legislative
bodies certain special tax districts, drainage districts, and persons whose professions or
occupations qualify them to hold their public positions. [Sec. 112.313(7)(a) & (b) Fla. Stat.]
3. Exemptions—The prohibitions against doing business with one's agency and having
conflicting employment may not apply:
(a) When the business is rotated among all qualified suppliers in a city or county.
(b) When the business is awarded by sealed, competitive bidding and the official, his or
her spouse, or child have not attempted to persuade agency personnel to enter the contract.
NOTE: Disclosure of the interest of the official, spouse, or child and the nature of the business
must be filed prior to or at the time of submission of the bid on Commission FORM 3A with the
Commission on Ethics or Supervisor of Elections, depending on whether the official serves at
the state or local level.
4
(c) When the purchase or sale is for legal advertising, utilities service, or for passage on
a common carrier.
(d) When an emergency purchase must be made to protect the public health, safety, or
welfare.
(e) When the business entity is the only source of supply within the political subdivision
and there is full disclosure of the official's interest to the governing body on Commission
FORM 4A.
(f) When the aggregate of any such transactions does not exceed $500 in a calendar
year.
(g) When the business transacted is the deposit of agency funds in a bank of which a
county city, or district official is an officer, director or stockholder so long as agency records
show that the governing body has determined that the member did not favor his or her bank
over other qualified banks.
(h) When the prohibitions are waived in the case of ADVISORY BOARD MEMBERS by
the appointing person or by a two-thirds vote of the appointing body (after disclosure on
Commission FORM 4A).
(i) When the public officer or employee purchases in a private capacity goods or
services, at a price and upon terms available to similarly situated members of the general
public, from a business entity which is doing business with his or her agency.
(j) When the public officer or employee in a private capacity purchases goods or services
from a business entity which is subject to the regulation of his or her agency where the price
and terms of the transaction are available to similarly situated members of the general public
and the officer or employee makes full disclosure of the relationship to the agency head or
governing body prior to the transaction. [Sec. 112.313(12), Fla. Stat.]
4. Additional Exemption
No elected public officer is in violation of the conflicting employment prohibition when
employed by a tax exempt organization contracting with his or her agency so long as the
officer is not directly or indirectly compensated as a result of the contract, does not participate
in any way in the decision to enter into the contract, abstains from voting on any matter
involving the employer, and makes certain disclosures. [Sec. 112.313(15), Fla. Stat.]
5. Lobbying State Agencies By Legislators
A member of the Legislature is prohibited from representing another person or entity for
compensation during his or her term of office before any State agency other than judicial
tribunals. [Art II, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.]
6. Employees Holding Office
A public employee is prohibited from being a member of the governing body which serves
as his or her employer. [Sec. 112.313(10), Fla. Stat.]
7. Professional and Occupational Licensing Board Members
An officer, director, or administrator of a state, county, or regional professional or
occupational organization or association, while holding such position, may not serve as a
5
member of a state examining or licensing board for the profession or occupation. [Sec.
112.313(11), Fla. Stat.]
8. Contractual Services: Prohibited Employment
A state employee of the executive or judicial branches who participates in the decision-
making process involving a purchase request who influences the content of any specification
or procurement standard, or who renders advice, investigation, or auditing, regarding his or
her agency's contract for services, is prohibited from being employed with a person holding
such a contract with his or her agency. [Sec 112.3185(2), Fla. Stat.]
9. Local Government Attorneys
Local government attorneys, such as the city attorney or county attorney, and their law
firms are prohibited from representing private individuals and entities before the unit of local
government which they serve. A local government attorney cannot recommend or otherwise
refer to his or her firm legal work involving the local government unit unless the attorney's
contract authorizes or mandates the use of that firm. [Sec. 112.313(16), Fla. Stat ]
C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH
RELATIVES
1. Anti -Nepotism Law
A public official is prohibited from seeking for a relative any appointment, employment,
promotion or advancement in the agency in which he or she is serving or over which the
official exercises jurisdiction or control. No person may be appointed, employed promoted, or
advanced in or to a position in an agency if such action has been advocated by a related
public official who is serving in or exercising jurisdiction or control over the agency; this
includes relatives of members of collegial government bodies. NOTE: This prohibition does not
apply to school districts (except as provided in Section 1012.23, Florida Statutes), community
colleges, and State universities, or to appointments of boards in municipalities of less than
35 000, other than those with land -planning or zoning responsibilities. Also the approval of
budgets does not constitute 'jurisdiction or control" for the purposes of this prohibition. This
provision does not apply to volunteer emergency medical, fire fighting, or police service
providers. [Sec. 112.3135, Fla. Stat.]
2. Additional Restrictions
A State employee of the executive or judicial branches or the PSC is prohibited from
directly or indirectly procuring contractual services for his or her agency from a business entity
of which a relative is an officer, partner, director, or proprietor, or in which the employee, his or
her spouse, and children own more than a 5% interest. [Sec. 112.3185(6), Fla. Stat.]
D. POST OFFICE HOLDING AND EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS
1. Lobbying by Former Legislators, Statewide Elected Officers, and Appointed State Officers
A member of the Legislature or a statewide elected or appointed state official is prohibited
for two years following vacation of office from representing another person or entity for
compensation before the government body or agency of which the individual was an officer or
member. [Art. II, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla Stat.]
6
2. Lobbying by Former State Employees
Certain employees of the executive and legislative branches of State government are
prohibited from personally representing another person or entity for compensation before the
agency with which they were employed for a period of two years after leaving their positions,
unless employed by another agency of State government. [Sec. 112.313(9), Fla Stat.] These
employees include the following:
(a) Executive and legislative branch employees serving in the SENIOR MANAGEMENT
S ERVICE and SELECTED EXEMPT SERVICE, as well as any person employed by the
D EPARTMENT OF THE LOTTERY having authority over policy or procurement.
(b) Persons serving in the following position classifications: the Auditor General; the director
of the Office of Program Policy Analysis and Government Accountability (OPPAGA); the Sergeant
at Arms and Secretary of the Senate; the Sergeant at Arms and Clerk of the House of
Representatives; the executive director of the Legislative Committee on Intergovernmental
Relations and the executive director and deputy executive director of the Commission on Ethics'
an executive director, staff director, or deputy staff director of each joint committee, standing
committee, or select committee of the Legislature' an executive director, staff director, executive
assistant, legislative analyst, or attorney serving in the Office of the President of the Senate, the
Office of the Speaker of the House of Representatives the Senate Majority Party Office, the
Senate Minority Party Office, the House Majority Party Office, the House Minority Party Office; the
Chancellor and Vice -Chancellors of the State University System the general counsel to the
B oard of Regents; the president, vice presidents, and deans of each state university; any person
hired on a contractual basis and having the power normally conferred upon such persons, by
whatever title; and any person having the power normally conferred upon the above positions.
This prohibition does not apply to a person who was employed by the Legislature or
other agency prior to July 1, 1989; who was employed by the Legislature or other agency on
July 1, 1989; who was a defined employee of the SUS or the PSC who held such employment
on December 31, 1994; or who reached normal retirement age and retired by July 1, 1991. It
does apply to OPS employees.
PENALTIES: Persons found in violation of this section are subject to the penalties
contained in the Code (see PENALTIES Part V) as well as a civil penalty in an amount equal
to the compensation which the person receives for the prohibited conduct. [Sec
112 313(9)(a)5., Fla. Stat.]
3. Additional Restrictions on Former State Employees
A former executive or judicial branch employee or PSC employee is prohibited from having
employment or a contractual relationship, at any time after retirement or termination of
employment, with any business entity (other than a public agency) in connection with a contract
in which the employee participated personally and substantially by recommendation or decision
while a public employee. [Sec. 112.3185(3), Fla. Stat.]
A former executive or judicial branch employee or PSC employee who has retired or
terminated employment is prohibited from having any employment or contractual relationship for
two years with any business entity (other than a public agency) in connection with a contract for
services which was within his or her responsibility while serving as a state employee.
[Sec.112.3185(4), Fla. Stat.]
7
Unless waived by the agency head, a former executive or judicial branch employee or
PSC employee may not be paid more for contractual services provided by him or her to the
former agency during the first year after leaving the agency than his or her annual salary
before leaving. [Sec. 112.3185(5), Fla. Stat
These prohibitions do not apply to PSC employees who were so employed on or before
Dec. 31, 1994.
4. Lobbying by Former Local Government Officers and Employees
A person elected to county, municipal, school district, or special district office is prohibited
from representing another person or entity for compensation before the government body or
agency of which he or she was an officer for two years after leaving office. Appointed officers
and employees of counties, municipalities, school districts, and special districts may be
subject to a similar restriction by local ordinance or resolution. [Sec. 112 313(13) and (14),
Fla. Stat.]
E. VOTING CONFLICTS OF INTEREST
N O STATE PUBLIC OFFICIAL is prohibited from voting in an official capacity on any
matter. However, a STATE PUBLIC OFFICER who votes on a measure which inures to his or
her special private gain or loss or which the officer knows would inure to the special private
gain or loss of any PRINCIPAL by whom he or she is retained, of the PARENT
ORGANIZATION or SUBSIDIARY of a CORPORATE PRINCIPAL by which he or she is
retained of a RELATIVE, or of a BUSINESS ASSOCIATE must file a memorandum of voting
conflict on Commission FORM 8A with the recording secretary within 15 days after the vote
occurs, disclosing the nature of his or her interest in the matter.
N O COUNTY, MUNICIPAL, or other LOCAL PUBLIC OFFICER shall vote in an official
capacity upon any measure which would inure to his or her special private gain or loss, or
which the officer knows would inure to the special private gain or loss of any PRINCIPAL by
whom he or she is retained, of the PARENT ORGANIZATION or SUBSIDIARY of a
CORPORATE PRINCIPAL by which he or she is retained, of a RELATIVE, or of a BUSINESS
ASSOCIATE. The officer must publicly announce the nature of his or her interest before the
vote and must file a memorandum of voting conflict on Commission FORM 8B with the
meeting's recording officer within 15 days after the vote occurs disclosing the nature of his or
her interest in the matter. However, members of community redevelopment agencies and
district officers elected on a one -acre, one -vote basis are not required to abstain.
N O APPOINTED STATE OR LOCAL OFFICER shall PARTICIPATE in any matter which
would inure to the officer's special private gain or loss the special private gain or loss of any
PRINCIPAL by whom he or she is retained, of the PARENT ORGANIZATION or SUBSIDIARY of
a CORPORATE PRINCIPAL by which he or she is retained, of a RELATIVE or of a BUSINESS
ASSOCIATE, without first disclosing the nature of his or her interest in the matter. The
memorandum of voting conflict (Commission FORM 8A or 8B) must be filed with the meeting's
recording officer, be provided to the other members of the agency, and be read publicly at the
n ext meeting.
If the conflict is unknown or not disclosed prior to the meeting, the appointed official must
o rally disclose the conflict at the meeting when the conflict becomes known. Also a written
memorandum of voting conflict must be filed with the meeting's recording officer within 15
8
days of the disclosure being made and must be provided to the other members of the agency
with the disclosure being read publicly at the next scheduled meeting. [Sec. 112.3143 Fla.
Stat.]
F. DISCLOSURES
Conflicts of interest may occur when public officials are in a position to make decisions
which affect their personal financial interests. This is why public officers and employees, as
well as candidates who run for public office, are required to publicly disclose their financial
interests. The disclosure process serves to remind officials of their obligation to put the public
interest above personal considerations. It also helps citizens to monitor the considerations of
those who spend their tax dollars and participate in public policy decisions or administration.
All public officials and candidates do not file the same degree of disclosure; nor do they
all file at the same time or place. Thus, care must be taken to determine which disclosure
forms a particular official or candidate is required to file.
The following forms are described below to set forth the requirements of the various
disclosures and the steps for correctly providing the information in a timely manner.
1. FORM 1 - Limited Financial Disclosure
Who Must File:
Persons required to file FORM 1 include all State officers, local officers, candidates for
local elective office, and specified State employees as defined below (other than those officers
who are required by law to file FORM 6).
STATE OFFICERS include:
(1) Elected public officials not serving in a political subdivision of the State and any person
appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6;
(2) Appointed members of each board, commission, authority, or council having statewide
jurisdiction, excluding members of solely advisory bodies, but including members of the
Commission on Tourism, judicial nominating commissions, and Council on the Social Status of
Black Men and Boys, and directors of the Black Business Investment Board, Enterprise
Florida, Inc., Scripps Florida Funding Corp., Substance Abuse and Mental Health Corp., Citizens
Property Insurance Corp., Space Florida, Workforce Florida Inc., Florida Workers'
Compensation Joint Underwriting Association, Inc.;
(3) The Commissioner of Education, members of the State Board of Education, the Board of
Governors, and the local Boards of Trustees and Presidents of State universities; and
(4) All elected public officers (excluding congressional) not covered under "local officers" and
any person appointed to fill a vacancy in such elective office.
LOCAL OFFICER includes:
(1) Any person elected to office in any political subdivision and any person appointed to fill a
vacancy for an unexpired term in such elective office;
(2) An appointed member of certain boards of political subdivisions, including governing
bodies, expressway and transportation authorities (unless required to file Form 6), community
colleges, code enforcement boards, bodies with planning or zoning powers, and pension
boards;
9
(3) Any other appointed local government board member who has been required to file by the
appointing authority;
(4) A mayor and the chief administrative officer of a county, municipality, or other political
subdivision;
(5) Any person holding one or more of the following positions within a county or municipality:
city or county attorney; chief building inspector; water resources coordinator; pollution control
director; environmental control director; administrator with power to grant or deny a land
development permit;
(6) A chief of police; fire chief; municipal clerk; district school superintendent; community
college president; medical examiner; and a purchasing agent having the authority to make any
purchase exceeding $20,000 for any political subdivision of the state or any entity thereof.
(7) The officers, directors, and chief executive officer of a corporation partnership, or other
business entity that is serving as the chief administrative or executive officer or employee of a
political subdivision, and any business entity employee who is acting as the chief
administrative or executive officer or employee of the political subdivision. [Sec 112.3136,
FIa.Stat.]
SPECIFIED STATE EMPLOYEE includes:
(1) The Public Counsel created by Chapter 350; an assistant state attorney, an assistant
public defender, a full-time state employee who serves as counsel or assistant counsel to any
state agency an administrative law judge; and a hearing officer;
(2) Any person employed in the offices of the Governor or member of the Cabinet who is
exempt from the career service system, except those persons in clerical, secretarial, or similar
positions;
(3) Each appointed secretary, assistant secretary, deputy secretary, executive director,
assistant executive director, or deputy executive director of each state department,
commission, board, or council; and the division director, assistant division director, deputy
director, bureau chief, or assistant bureau chief of any state department or division, or persons
having the power normally conferred upon such person by whatever title;
(4) A superintendent or institute director of a state mental health institute established for
training and research in the mental health field or of any major state institution or facility for
corrections, training, treatment, or rehabilitation;
(5) A business manager, purchasing agent having the power to make any purchase
exceeding $20,000; finance and accounting director, personnel officer, and grants coordinator
for any state agency;
(6) Any person employed in the legislative branch of government, except persons employed
in maintenance, clerical, secretarial or similar positions and legislative assistants exempted
by the presiding officer of their house;
(7) Each employee of the Ethics Commission; and
(8) Senior managers of the Citizens Property Insurance Corp.
(9) Senior Manager of the Florida Workers' Compensation Joint Underwriting Association, Inc.
10
What Must Be Disclosed:
FORM 1 requirements are set forth fully on the form. In general, this includes the
reporting person's sources and types of financial interests, such as the names of employers
and addresses of real property holdings. NO DOLLAR VALUES ARE REQUIRED TO BE
LISTED. In addition, the form requires the disclosure of certain relationships with, and
ownership interests in specified types of businesses such as banks, savings and loans
insurance companies, and utility companies.
When to File:
CANDIDATES for elected local office must file FORM 1 together with and at the same
time they file their qualifying papers.
STATE and LOCAL OFFICERS and SPECIFIED STATE EMPLOYEES are required to file
disclosure by July 1 of each year. They also must file within thirty days from the date of
appointment or the beginning of employment. Those appointees requiring Senate confirmation
must file prior to confirmation.
Where to File:
Each LOCAL OFFICER files FORM 1 with the Supervisor of Elections in the county in
which he or she permanently resides.
A STATE OFFICER or SPECIFIED STATE EMPLOYEE files with the Commission on Ethics.
[Sec. 112.3145, Fla. Stat.]
2. FORM 1F - Final Form 1 Limited Financial Disclosure
FORM 1F is the disclosure form required to be filed within 60 days after a public officer or
employee required to file FORM 1 leaves his or her public position. The form covers the
disclosure period between January 1 and the last day of office or employment within that year.
3. FORM 2 - Quarterly Client Disclosure
The state officers, local officers, and specified state employees as listed above, as well as
elected constitutional officers must file a FORM 2 if they or a partner or associate of their
professional firm represent a client for compensation before an agency at their level of
government.
A FORM 2 disclosure includes the names of clients represented by the reporting person or by
any partner or associate of his or her professional firm for a fee or commission before agencies at
the reporting person s level of government. Such representations DO NOT INCLUDE
appearances in ministerial matters, appearances before judges of compensation claims, or
representations on behalf of one's agency in one's official capacity. Nor does the term include the
preparation and filing of forms and applications merely for the purpose of obtaining or transferring
a license, so long as the issuance of the license does not require a variance, special
consideration, or a certificate of public convenience and necessity.
When to File:
11
This disclosure should be filed quarterly, by the end of the calendar quarter following the
calendar quarter during which a reportable representation was made. FORM 2 need not be filed
merely to indicate that no reportable representations occurred during the preceding quarter; it
should be filed ONLY when reportable representations were made during the quarter.
Where To File:
LOCAL OFFICERS file with the Supervisor of Elections of the county in which they
permanently reside
STATE OFFICERS and SPECIFIED STATE EMPLOYEES file with the Commission on
Ethics. [Sec. 112.3145(4), Fla. Stat.]
4. FORM 6 - Full and Public Disclosure
Who Must File:
Persons required by law to file FORM 6 are all elected constitutional officers and
candidates for such office; the Mayor and members of the City Council and candidates for
these offices in Jacksonville; the Duval County Superintendent of Schools; Judges of
Compensation Claims; and members of the Florida Housing Finance Corporation Board and
the Florida Prepaid College Board; expressway authorities, transportation authorities, bridge
authorities or toll authorities created pursuant to Ch. 348, 343, or 349, or other legislative
enactment.
What Must be Disclosed:
FORM 6 is a detailed disclosure of assets, liabilities, and sources of income over $1,000
and their values, as well as net worth. Officials may opt to file their most recent income tax
return in lieu of listing sources of income but still must disclose their assets, liabilities, and net
worth. In addition, the form requires the disclosure of certain relationships with, and ownership
interests in, specified types of businesses such as banks, savings and loans insurance
companies, and utility companies.
When and Where To File:
Incumbent officials must file FORM 6 annually by July 1 with the Commission on Ethics.
CANDIDATES must file with the officer before whom they qualify at the time of qualifying. [Art.
II, Sec. 8(a) and (i), Fla. Const., and Sec. 112.3144, Fla. Stat.]
5. FORM 6F - Final Form 6 Full and FORM 6F
is the disclosure form required to be filed within 60 days after a public officer or employee
required to file FORM 6 leaves his or her public position. The form covers the disclosure period
between January 1 and the last day of office or employment within that year.
6. FORM 9 - Ouarterly Gift Disclosure
Each person required to file FORM 1 or FORM 6, and each State procurement employee, must
file a FORM 9, Quarterly Gift Disclosure, with the Commission on Ethics on the last day of any
calendar quarter following the calendar quarter in which he or she received a gift worth over
$100, other than gifts from relatives, gifts prohibited from being accepted, gifts primarily
12
associated with his or her business or employment, and gifts otherwise required to be disclosed.
FORM 9 NEED NOT BE FILED if no such gift was received during the calendar quarter.
Information to be disclosed includes a description of the gift and its value the name and
address of the donor, the date of the gift, and a copy of any receipt for the gift provided by the
donor. [Sec 112.3148, Fla. Stat.]
7. FORM 10 - Annual Disclosure of Gifts from Government Aaencies and Direct -Support
Oraanizations and Honorarium Event Related Expenses
State government entities, airport authorities, counties, municipalities, school boards, water
management districts, the South Florida Regional Transportation Authority, and the Technological
Research and Development Authority may give a gift worth over $100 to a person required to file
FORM 1 or FORM 6, and to State procurement employees, if a public purpose can be shown for
the gift. Also, a direct -support organization for a governmental entity may give such a gift to a
person who is an officer or employee of that entity. These gifts are to be reported on FORM 10, to
be filed by July 1.
The governmental entity or direct support organization giving the gift must provide the officer
or employee with a statement about the gift no later than March 1 of the following year. The
officer or employee then must disclose this information by filing a statement by July 1 with his or
her annual financial disclosure that describes the gift and lists the donor, the date of the gift, and
the value of the total gifts provided during the calendar year. State procurement employees file
their statements with the Commission on Ethics. [Sec. 112.3148, Fla. Stat.]
In addition, a person required to file FORM 1 or FORM 6, or a State procurement employee,
who receives expenses or payment of expenses related to an honorarium event from someone
who is prohibited from giving him or her an honorarium, must disclose annually the name,
address and affiliation of the donor, the amount of the expenses, the date of the event, a
description of the expenses paid or provided, and the total value of the expenses on FORM 10.
The donor paying the expenses must provide the officer or employee with a statement about the
expenses within 60 days of the honorarium event. Honorarium related expenses from someone
who does not employ a lobbyist do not have to be reported.
The disclosure must be filed by July 1, for expenses received during the previous calendar
year, with the officer's or employee's FORM 1 or FORM 6. State procurement employees file their
statements with the Commission on Ethics. [Sec. 112.3149, Fla. Stat.]
However, notwithstanding Section 112.3149, Fla Stat., no Executive Branch or legislative
lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency or
legislative official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or
indirectly, any expenditure made for the purpose of lobbying. This may include honorarium
event related expenses that formerly were permitted under Section 112.3149. [Sec 112.3215,
Fla. Stat ]
8. FORM 30 - Donor's Ouarterly Gift Disclosure
As mentioned above, the following persons and entities generally are prohibited from giving a
gift worth over $100 to a reporting individual (a person required to file FORM 1 or FORM 6) or to
13
a State procurement employee: a political committee or committee of continuous existence; a
lobbyist who lobbies the reporting individual's or procurement employee's agency; and the
partner firm, employer or principal of such a lobbyist. If such person or entity makes a gift worth
between $25 and $100 to a reporting individual or State procurement employee (that is not
accepted in behalf of a governmental entity or charitable organization), the gift should be reported
on FORM 30. The donor also must notify the recipient at the time the gift is made that it will be
reported.
The FORM 30 should be filed by the last day of the calendar quarter following the calendar
quarter in which the gift was made. If the gift was made to an individual in the legislative branch
FORM 30 should be filed with the Lobbyist Registrar If the gift was to any other reporting
individual or State procurement employee, FORM 30 should be filed with the Commission on
Ethics.
However, notwithstanding Section 112.3148, Fla Stat., no Executive Branch or legislative
lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency or
legislative official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or
indirectly, any expenditure made for the purpose of lobbying. This may include gifts that
formerly were permitted under Section 112.3148 [Sec. 112.3215 Fla. Stat.]
9. FORM 1X AND FORM 6X - Amendments to Form 1 and Form 6
These forms are provided for officers or employees who want to amend their previously filed
Form 1 or Form 6.
IV. AVAILABILITY OF FORMS
LOCAL OFFICERS and EMPLOYEES who must file FORM 1 annually will be sent the form
by mail from the Supervisor of Elections in the county in which they permanently reside not later
than JUNE 1 of each year. Newly elected and appointed officials or employees should contact the
board of their agency for copies of the form, as should those persons who are required to file their
final disclosure statements within 60 days of leaving office or employment.
ELECTED CONSTITUTIONAL OFFICERS, OTHER STATE OFFICERS, and SPECIFIED
STATE EMPLOYEES who must file annually FORM 1 or 6 will be sent these forms by mail from
the Commission on Ethics by JUNE 1 of each year. Newly elected and appointed officers and
employees should contact the heads of their agencies or the Commission on Ethics for copies of
the forms, as should those persons who are required to file their
final disclosure statements within 60 days of leaving office or employment.
Any person needing one or more of the other forms described here may obtain them upon
request from a Supervisor of Elections or from the Commission on Ethics, P.O. Drawer 15709,
Tallahassee, Florida 32317-5709 They are also available on the Commission's website:
www.eth ics.state.fl. us.
V. PENALTIES
A. Non -criminal Penalties for Violation of the Sunshine Amendment and the Code of Ethics
14
There are no criminal penalties for violation of the Sunshine Amendment and the Code of
Ethics. Penalties for violation of those laws may include. impeachment, removal from office or
employment, suspension, public censure, reprimand, demotion, reduction in salary level,
forfeiture of no more than one-third salary per month for no more than twelve months, a civil
penalty not to exceed $10,000, and restitution of any pecuniary benefits received.
B. Penalties for Candidates
CANDIDATES for public office who are found in violation of the Sunshine Amendment or the
Code of Ethics may be subject to one or more of the following penalties: disqualification from
being on the ballot, public censure, reprimand, or a civil penalty not to exceed $10,000.
C. Penalties for Former Officers and Employees
FORMER PUBLIC OFFICERS or EMPLOYEES who are found in violation of a provision
applicable to former officers or employees or whose violation occurred prior to such officer's or
employee's leaving public office or employment may be subject to one or more of the following
penalties: public censure and reprimand a civil penalty not to exceed $10,000, and restitution of
any pecuniary benefits received. [Sec. 112.317, Fla. Stat.]
D. Penalties for Lobbyists and Others
An executive branch lobbyist who has failed to comply with the Executive Branch Lobbying
Registration law (see Part VIII) may be fined up to $5,000, reprimanded, censured, or prohibited
from lobbying executive branch agencies for up to 2 years.
Lobbyists their employers, principals, partners and firms, and political committees and
committees of continuous existence who give a prohibited gift or honorarium or fail to comply with
the gift reporting requirements for gifts worth between $25 and $100 may be penalized by a fine
of not more than $5,000
and a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the public
officer or employee to whom the gift was given for up to 2 years.
Executive Branch lobbying firms which fail to timely file their quarterly compensation reports
may be fined $50.00 per day per principal for each day the report is late, up to a maximum fine of
$5,000 per report.
E. Felony Convictions: Forfeiture of Retirement Benefits
Public officers and employees are subject to forfeiture of all rights and benefits under the
retirement system to which they belong if convicted of certain offenses prior to their retirement.
The offenses include embezzlement or theft of public funds; bribery; felonies specified in Chapter
838 Florida Statutes; impeachable offenses; and felonies committed with intent to defraud the
public or their public agency. [Sec. 112.3173, Fla. Stat.]
F. Automatic Penalties for Failure to File Annual Disclosure
Public officers and employees required to file either Form 1 or Form 6 annual financial
disclosure are subject to automatic fines of $25 for each day late the form is filed after September
1, up to a maximum penalty of $1,500. [Sec. 112.3144 and 112.3145, Fla. Stat.]
VI. ADVISORY OPINIONS
15
Conflicts of interest may be avoided by greater awareness of the ethics laws on the part of
public officials and employees through advisory assistance from the Commission on Ethics.
A. Who Can Request an Opinion
Any public officer candidate for public office, or public employee in Florida who is in doubt
about the applicability of the standards of conduct or disclosure laws to himself or herself, or
anyone who has the power to hire or terminate another public employee, may seek an advisory
opinion from the Commission about himself or herself or that employee.
B. How to Request an Opinion
Opinions may be requested by letter presenting a question based on a real situation and
including a detailed description of the situation. Opinions are issued by the Commission and are
binding on the conduct of the person who is the subject of the opinion, unless material facts were
omitted or misstated in the request for the opinion. Published opinions will not bear the name of
the persons involved unless they consent to the use of their names.
C. How to Obtain Published Opinions
Published opinions of the Commission on Ethics from 1974 through 1999 are available for
purchase at prices below their actual cost. The opinions are printed in looseleaf volumes
containing a subject -matter index and a citator to all Florida Statutes and State constitutional
provisions construed or relied upon by the Commission. Every agency of government should
have a set of opinions for ready reference when the need arises.
All of the Commission's opinions are available for viewing or download at its website:
www.eth ics.state.fl.us.
VII. COMPLAINTS
A. A Citizen's Responsibility
The Commission on Ethics cannot conduct investigations of alleged violations of the Sunshine
Amendment or the Code of Ethics unless a person files a sworn complaint with the Commission
alleging such violation has occurred.
If you have knowledge that a person in government has violated the standards of conduct or
disclosure laws described above, you may report these violations to the Commission by filing a
sworn complaint on the form prescribed by the Commission. Otherwise, the Commission is
unable to take action even after learning of such misdeeds through newspaper reports and
phone calls.
Should you desire assistance in obtaining or completing a complaint form (FORM 50), you
may receive either by contacting the Commission office at the address or phone number shown
on the inside front cover of this booklet.
B. Confidentiality
The complaint, as well as all proceedings and records relating to the complaint are
confidential until the accused requests that such records be made public or until the complaint
reaches a stage in the Commission's proceedings where it becomes public. This means that
unless the Commission receives a written waiver of confidentiality from the accused, the
16
Commission is not free to release any documents or to comment on a complaint to members of
the public or press, so long as the complaint remains in a confidential stage.
IN NO EVENT MAY A COMPLAINT BE FILED OR DISCLOSED WITH RESPECT TO A
CANDIDATE OR ELECTION WITHIN 5 DAYS PRECEDING THE ELECTION DATE
C. How the Complaint Process Works
The Commission staff must forward a copy of the original sworn complaint to the accused
within five days of its receipt. Any subsequent sworn amendments to the complaint also are
transmitted within five days of their receipt.
Once a complaint is filed, there are three procedural stages which it goes through under the
Commission's rules. The first stage is a determination of whether the allegations of the complaint
are legally sufficient, that is, whether they indicate a possible violation of any law over which the
Commission has jurisdiction If the complaint is found not to be legally sufficient, the Commission
will order that the complaint be dismissed without investigation, and all records relating to the
complaint will become public at that time.
If the complaint is found to be legally sufficient, a preliminary investigation will be undertaken
by the investigative staff of the Commission. The second stage of the Commission s proceedings
involves this preliminary investigation and a decision by the
Commission of whether there is probable cause to
believe that there has been a violation of any of the ethics laws. If the Commission finds no
probable cause to believe there has been a violation of the ethics laws, the complaint will be
dismissed and will become a matter of public record. If the Commission finds probable cause to
believe there has been a violation of the ethics laws, the complaint becomes public and usually
enters the third stage of proceedings. This stage requires the Commission to decide whether the
law was actually violated and, if so, whether a penalty should be recommended. At this stage, the
accused has the right to request a public hearing (trial) at which evidence is presented or the
Commission may order that such a hearing
be held. Public hearings usually are held in or near the area where the alleged violation occurred.
When the Commission concludes that a violation has been committed, it issues a public
report of its findings and may recommend one or more penalties to the appropriate disciplinary
body or official.
When the Commission determines that a person has filed a complaint with knowledge that the
complaint contains one or more false allegations or with reckless disregard for whether the
complaint contains false allegations, the complainant will be liable for costs plus reasonable
attorney's fees incurred by the person complained against The Department of Legal Affairs may
bring a civil action to recover such fees and costs, if they are not paid willingly.
D. Dismissal of Complaints At Any Stage of Disposition
The Commission may, at its discretion, dismiss any complaint at any stage of disposition
should it determine that the public interest would not be served by proceeding further in which
case the Commission will issue a public report stating with particularity its reasons for the
dismissal. [Sec. 112.324(11), Fla Stat.]
E. Statute of Limitations
17
All sworn complaints alleging a violation of the Sunshine Amendment or the Code of Ethics
have to be filed with the Commission within 5 years of the alleged violation or other breach of the
public trust. Time starts to run on the day AFTER the violation or breach of public trust is
committed. The statute of limitations is tolled on the day a sworn complaint is filed with the
Commission If a complaint is filed and the statute of limitations has run the complaint will be
dismissed. [Sec112.3231, Fla. Stat.]
VIII. EXECUTIVE BRANCH LOBBYING
Any person who, for compensation and on behalf of another, lobbies an agency of the
executive branch of state government with respect to a decision in the area of policy or
procurement may be required to register as an executive branch lobbyist. Registration is required
before lobbying an agency and is renewable annually. In addition, each lobbying firm must file a
compensation report with the Commission for each calendar quarter during any portion of which
one or more of the firm s lobbyists were registered to represent a principal As noted above, no
Executive Branch lobbyist or principal can make, directly or indirectly, and no Executive Branch
agency official or employee who files FORM 1 or FORM 6 can knowingly accept, directly or
indirectly, any expenditure made for the purpose of lobbying. 112.3149, Fla. Stat. [Sec.
112.3215, Fla. Stat.]
Paying an executive branch lobbyist a contingency fee based upon the outcome of any
specific executive branch action, and receiving such a fee, is prohibited. A violation of this
prohibition is a first degree misdemeanor, and the amount received is subject to forfeiture. This
does not prohibit sales people from receiving a commission. [Sec. 112.3217, Fla Stat
Executive branch departments, State universities, community colleges, and water
management districts are prohibited from using public funds to retain an executive branch (or
legislative branch) lobbyist, although these agencies may use full-time employees as lobbyists.
[Sec. 11.062, Fla. Stat.]
Additional information about the executive branch lobbyist registration system may be obtained
by contacting the Lobbyist Registrar at the following address:
Executive Branch Lobbyist Registration
Room G-68, Claude Pepper Building
111 W. Madison Street
Tallahassee, FL 32399-1425
Phone: 850/922-4987
IX. WHISTLE -BLOWER'S ACT
In 1986, the Legislature enacted a 'Whistle -blower's Act' to protect employees of agencies
and government contractors from adverse personnel actions in retaliation for disclosing
information in a sworn complaint alleging certain types of improper activities on the part of an
agency contractor, or for participating in an investigation or hearing conducted by an agency.
Since then, the Legislature has revised this law to afford greater protection to these employees.
18
While this language is contained within the Code of Ethics, the Commission has no jurisdiction
or authority to proceed against persons who violate this Act in behalf of a person who is being
retaliated against. Therefore, a person who has disclosed information alleging improper conduct
governed by this law and who may suffer adverse consequences as a result should contact one or
more of the following: the Office of the Chief Inspector General in the Executive Office of the
Governor the Department of Legal Affairs the Florida Commission on Human Relations; or a
private attorney. [Sec. 112 3187 - 112.31895 Fla. Stat.]
X. ADDITIONAL INFORMATION
As mentioned above, we suggest that you review the language used in each law for a more
detailed understanding of Florida's ethics laws. The "Sunshine Amendment" is Article II, Section
8, of the Florida Constitution. The Code of Ethics for Public Officers and Employees is contained
in Part III of Chapter 112, Florida Statutes.
Additional information about the Commission's functions and interpretations of these laws
may be found in Chapter 34 of the Florida Administrative Code, where the Commission's rules
are published, and in The Florida Administrative Law Reports, which until 2005 published
many of the Commission's final orders. The Commission's rules, orders, and opinions also are
available electronically on the Internet at www.ethics.state.fl.us.
If you are a public officer or employee concerned about your obligations under these laws,
you may wish to contact an attorney who represents your agency or a private attorney for advice.
The staff of the Commission will be happy to respond to oral and written inquiries by providing
information about the law, the Commission s interpretations of the law, and the Commission's
procedures.
XI. ONLINE TRAINING
1 hrough a project funded by the Florida Legislature, an online workshop, Florida's Code of
Ethics, Sunshine Law, and Public Records Acts, is now available See
www.iog.learnsomething.com for current fees. Bulk purchase arrangements, including state and
local government purchase orders, are available. For more information, visit
www.ethics.state.fl us.
19
PRIMARY ELECTION TUESDAY, AUGUST 30, 2011
GENERAL ELECTION (IF REQUIRED) NOVEMBER 8, 2011
NOTE: A candidate may announce his intention to seek elected office at any time. To become a filed
candidate you must appoint a campaign treasurer and file Form DS-DE9 with the City Clerk (A
candidate may serve as his/her own campaign treasurer and may appoint up to three deputies)
F.S. 106.021 (1)(a)
ATTENTION: Within 10 days after filing the Form DS-DE9, a Statement of Candidate Form
DS-DE84 is required.
Please Note: Late filing will result in fines. Refer to 106.07(8)(a) for language regarding fines
for late filing.
Date
' April 11
Monday
May 11
Wednesday
May 20
Friday
June 10
Friday
June 20
Monday
June 20
Monday
ELECTION CALENDAR
Subject
Treasurer's Report (Q1) due no later
than 5:00 PM for filed candidates
for period 1/1/11— 3/31/11
1 Reference Comments
F.S. 106.07(1)
First day Petitions and Nominations can
be circulated Charter
Sec. 39
Deadline to submit resignation letter
for any current Commissioner (whose Code
seat is not expiring on November 14, Sec. 2-21
2011) wishing to run for Mayor
5:00 pm - Deadline to file petitions
with City Clerk
Charter
Sec. 39
12:00 Noon -Opening for filing Charter
qualifying documents Sec. 39
First day Campaign Signs may be
posted by a qualified candidate Code
Note: Campaign signs may not be Sec. 17-26 (b) (7)
posted until after candidate has
qualified
106 day following the end
of each calendar quarter
from the time the Campaign
Treasurer is appointed
(next business day since
10th falls on Sunday)
40 days prior to the 1St day
of qualifying
At least 30 days prior to 1S1
day of qual ifying
No later than 10 days prior
to the qualifying period
Noon on 71St day (Monday)
prior to the Primary
Election
Beginning date for
gzralding
June 24
Friday
July 29
Friday
August 1
Monday
August 12
Friday
August 16
Tuesday
August 23
Tuesday
August 23
Tuesday
August 24
Wednesday
August 24
Wednesday
August 25
Thursday
August 26
Friday
August 26
Friday
August 30
Tuesday
12:00 Noon — Qualifying period
closes
Treasui er's Report (F1) due no later
than 5:00 p.m.
(Period 4/1/11— 7/22/11)
Books Close to register to vote for
Primary Election
Treasurer's Report (F2) due no
later than 5:00 p.m.
Period 7/23/11— 8/5/11
12:00 Noon - Deadline to submit names
of poll watchers for Primary Election
Logic and Accuracy of voting
equipment test for Primary Election -
9:30 am at Duval Election Center,
5200-2 Norwood Avenue, Jacksonville,
FL 32208
Last day for SOE to approve Poll
watchers for Primary Election
Canvassing may begin at 7:00 AM on
absentee ballots for the Primary
Election
5:00 PM-- Deadline to request absentee
ballots to be mailed to voters for
Primary Election
(Contact Duval County Supervisor of
Elections @ (904) 630-1414)
12:00 Midnight — Deadline for
candidates to accept contributions
for Aug 30th Primary Election
Treasurer's Report (F3) due no F.S. 106.07
later than 5:00 p.m.OO 4 days prior to Primaiy
Period: 8/6/11 — 8/25/11 F.S. 106.07 1 a Election
F.S. 106.07 (2)(a)
Charter
Sec. 39
F.S. 106.07
F.S. 106.07 (1)(a)
F.S. 106.07 (2)(a)
F.S. 97.055
F.S. 106 07
F.S. 106 07 (1)(a)
FS 106.07 (2)(a)
F.S. 101.131) (2)
F.S. 101.5612 (2)
F.S. 101.131 (2)
Noon on 67th day (Friday)
prior to the Primaiy
Election
32 days prior to Primary
29 days prior to the
Election
18 days prior to Primary
2nd Tues. prior to election
On any day not more than
10 days before Election
Day.
Tuesday prior to election
F.S. 101.68 (2)(a) 6t" day before the election
F.S. 101.62 (2)
6h day before the election
F.S. 106.08)(3)(a) On the 5" day prior to the
Primary Election
Last Date for Supervisor of
Flections to mail absentee ballots for F.S. 101.62 (2)
Primary Election
PRIMARY ELECTION - POLLS Charter
OPEN 7:00 AM, CLOSE 7:00 PM Sec. 40 & 43
ELECTION CALENDAR DETAILS 2011
4 days before the election
Tuesday that is 10 weeks
prior to General Election
Page 2 of 5
October 25
Tuesday
' September 23
Friday
2 August 31
Wednesday
Registration Books reopen
September 2
Friday
First unofficial results of the
Primary Election due.
September 5
Monday
September 22
Thursday
October 11
Tuesday
*Columbus day
'October 7
Friday
'October 21
Friday
Official certification of the Primary
Election due.
Day after the
F.S. 97.055 (1)(a) Election
Charter
Sec. 43
FS 102.141
•
Not later than noon of the
3rd day after a primal))
election. Cannot be earlier
than Thursday due to
provisional id deadline.
d• MIS
No statute to support this
SOE policy.
ANY uriuYrOSED CANDIDATE
needs to file final Treasurer's Report
(U -TR) by 5:00 PM
Treasurer's Report (Gi) due no
later than 5:00 p.m. for candidates
in the General Election (if General
Election is required)
(Period: 8/26/11 — 9/16/11)
Books Close to register to vote for
General Election
Treasurer's Report (G2) due no
later than 5:00 p.m. for candidates
in the General Election (if General
Election is required)
(Period: 9/17/11-9/30/11)
November 1
Tuesday
Treasurer's Report (G3) due no
later than 5:00 p.m. for candidates
in the General Election (if General
Election is required)
(Period: 10/1/11-10/14/11)
12:00 Noon - Deadline to submit
names of poll watchers for General
Election, if required
F.S. 106.07(c)
FS 106.07
FS 106.07 (1)(a)
FS 106.07 (2)(a)
F.S. 97.055
F. S. 106.07
F.S. 106.07 (1)(a)
F.S. 106.07 (2)(a)
F. S. 106.07
F.S. 106.07 (1)(a)
F.S. 106.07 (2)(a)
90 days after
becoming
unopposed,
after qualifring
46 days prior to General
Election
29 days prior to the
Election* except on legal
holidays
32 days prior to General
Election
18 days prior to the
General Election
Last day for SOE to approve Poll
watchers for General Election, if
required
November 1
Tuesday
Logic and Accuracy of voting
equipment test for General Election, if
required- 9:30 at Duval Election Center,
ELECTION CALENDAR DETAILS 2011
F.S. 101.131 (2)
F.S. 101.131 (2)
F.S. 101.5612 (2)
2"d Tues. prior to election
Tuesday prior to election
On any day not more than
10 days before Election
Day.
Page 3 of 5
2 November 9
Wednesday
November 11
Friday * Legal
holiday
Registration books reopen following
General Election
First unofficial results of General
Election due.
Official certification of the General
Election due. 6:00 PM- Commission
seat becomes vacant (provided that SOE
November 14 I has certified results)
Monday 6:00 PM - City Commission meeting -
Oath of office administered to New
Commission (provided that SOE has
certified results)
90 -day disposition of funds report
'November 28 (P -TR) due no later than 5:00 PM for
Monda candidates elected or defeated on
y August 30, 2011
F.S. 97.055 (1)(a)
Charter
Sec. 43
Charter Sec. 40
Charter Sec. 14
F.S. 106.141(1)
Day after the
election
No statute. This is SOE
policy. Cannot be earlier
than Thursday due to
provisional ID deadline.
2"d Monday in Novenz ber•
90 clays from election
ELECTION CALENDAR DETAILS 2011 Page 4 of 5
5200-2 Norwood Avenue, Jacksonville,
FL 32208
November 2
Wednesday
Canvassing may begin at 7:00 AM on
absentee ballots for the General
Election, if required
F.S. 101.68 (2)(a)
6th day before the election
November 2
Wednesday
5:00 PM -Deadline to request absentee
ballots to be mailed to voters for
General Election
(Contact Duval County Supervisor of
Elections @ (904) 630-1414)
F.S. 101.62 (2)
6th day before the election
November 3
Thursday
12:00 Midnight —Deadline for
candidates to accept contributions����
for Nov. 8th General Election (if
required)
F.S. 106.08 3 a
On the 5th day prior to the
General Election
November 4
Friday
Last Date for Supervisor of
Elections to mail absentee ballots for
General Election (if required)
F.S. 101.62 (2)
4days before the election
November 4
Friday
Treasurer's Report (G4) due no
later than 5:00 p.m. for candidates
in the General Election (if General
Election is required)
10/15/11 11/3/11)
F. S. 106.07
F.S. 106.07 (1)(a)
F.S. 106.07 (2)(a)
4 days prior to General
Election
(Period:
November 8
Tuesday
GENERAL ELECTION, IF
Charter
Sec. 41 & 43
I' Tuesday after the l'
Monday in November
REQUIRED -Polls open 7:00 AM,
close 7:00 PM
2 November 9
Wednesday
November 11
Friday * Legal
holiday
Registration books reopen following
General Election
First unofficial results of General
Election due.
Official certification of the General
Election due. 6:00 PM- Commission
seat becomes vacant (provided that SOE
November 14 I has certified results)
Monday 6:00 PM - City Commission meeting -
Oath of office administered to New
Commission (provided that SOE has
certified results)
90 -day disposition of funds report
'November 28 (P -TR) due no later than 5:00 PM for
Monda candidates elected or defeated on
y August 30, 2011
F.S. 97.055 (1)(a)
Charter
Sec. 43
Charter Sec. 40
Charter Sec. 14
F.S. 106.141(1)
Day after the
election
No statute. This is SOE
policy. Cannot be earlier
than Thursday due to
provisional ID deadline.
2"d Monday in Novenz ber•
90 clays from election
ELECTION CALENDAR DETAILS 2011 Page 4 of 5
February 6,
2012
Monday
90 -day disposition of funds report
(G -TR) due no later than 5:00 PM for
candidates elected or defeated on
Nov. 8, 2011
F.S. 106.141(1)
90 days from election
Forms are available in the office of the City Clerk or may be downloaded from
http://election.dos.state.fl.us and clicking on forms.
1
•
F.S. 106.07 "'Reports; certification and filing
(8)(a) "Any candidate or political committee failing to file a report on the designated due date
shall be subject to a fine as provided in paragraph (b) for each late day, and, in the case of a
candidate, such fine shall be paid only from personal fiends of the candidate. The fine shall be
assessed by the filing officer and the moneys collected shall be deposited:
1. In the General Revenue Fund, in the case of a candidate for state office or a political
committee that registers with the Division of Elections; or
2. In the general revenue fired of the political subdivision, in the case of a candidate for an
office of a political subdivision or a political committee that registers with an officer of a
political subdivision."
F.S. 97.055 Registration books; when closed for an election
(1)(a) The registration books must be closed on the 29th day before each election and must
remain closed until after that election. If an election is called and there are fewer than 29 days
before that election, the registration books must be closed immediately.
ELECTION CALENDAR DETAILS 2011 Page 5 of 5
MEMO ;•=:`' NDUM
TO: 2011 CANDIDATES OR CITY ELECTION
FROM: DONNA L. BARTLE, CITY CLERK
DATE January 2011
SUBJECT: NOTICE OF STATEMENT OF CANDIDATE
Section 106 023, Florida Statutes, provides that each candidate must file a
statement* with the qualifying officer (City Clerk) within ten days after he files his
Appointment of Campaign Treasurer and Designation of Campaign Depository,
stating that he has read and understands the requirements of Chapter 106,
Florida Statutes. Willful failure to file this form is a violation of Florida Statutes
Sec. 106.19(1)(c) and 106.25(3).
*Note: The Statement of Candidate (Form DS -DE 84) is provided in the front
pocket of your Candidate Packet.
DE 78-47 - November 3, 1978
Expenditures Disposition Of Funds
ss. 97.021,101.151, 106.011, 106.07, 106.141, F.S. (1977)
To: Honorable Mary E. Morgan, Supervisor of Elections, Pasco County Courthouse, Dade City,
Florida 33525
Prepared by: Division of Elections
By your recent letter you requested a fonnal advisory opinion of the division with respect to the
following question:
"May a candidate eliminated from an election by nomination, election, or defeat lawfully
expend campaign funds for the purpose of purchasing time and space in a news medium for a
thank you advertisement?"
Section 97.021(1), F.S. (1977) provides that the term Election means "any primary election, special
primary election, special election, general election, or presidential preference primary election."
Section 106 011(6), F.S. provides that "Election means any primary election, special primary election,
general election, special election or municipal election held in this state for the purpose of nominating
or electing candidates to public office..."
Therefore in the context of your question a candidate may be "eliminated" at the first or second
primary election or the general election due to failing to receive the necessary number or majority of
the votes cast or may be elected by receiving the majority of the votes cast at the general election.
A candidate who is the nominee of a party and who has no opposition in the general election is not
considered elected until the general election See s. 101.151(6), F.S. (1977). That specific situation is
detailed and its consequences expanded upon in DE 78-44, and it is suggested that that opinion be
referenced concerning questions relating to expenditures of a candidate prior to the general election
who has not general election opposition.
Any item which is paid out of a campaign account of a candidate is considered to be expenditure under
the election law, and section 106.11, F.S. (1977) specifies how expenditures are to be handled. Section
106.011(4), F.S. (1977) provides that expenditure is:
"...a purchase, payment, distribution loan, advance, or gift of money or anything of value
made for the purpose of influencing the results of an election."
Therefore, in order for an expenditure to be within the phrase "made for the purpose of influencing the
results of an election " it must be authorized and incurred prior to or on the date of the concerned
election. Any expenditure which is authorized or incurred after that date could not be construed to be
within the intent of the aforementioned phrase. Thus, no expense item, whether it be an advertisement
in the mass medium expressing a thank you, or a post election party provided for supporters by the
candidate using campaign funds, is permissible if incurred after the day of the concerned election.
However, expenses may be incurred prior to or on the election day for an item which is authorized by
the treasurer, provided there are adequate funds on deposit in the primary depository account to pay
the full amount of the incurred expense, s. 106.11(3), F.S. (1977) The iesults of this situation is that
an expenditure, such as you describe or an analagous one, could be authorized and incurred, provided
it is done prior to or on the date of the election and funds are available.
Any funds which remain in the campaign account following the day of the election may only be used
in paying those expenditures authorized and incurred prior to the election and which come to the
campaign following that day. Section 106.07(5), F.S (1977) requires a final report to be filed 45 days
after the last election in a given election period in which a candidate participates or 45 days after the
election in which a candidate participates or 45 days after the election in which a candidate is
eliminated from nomination to office. If that report shows an unexpended balance of contributions, a
report is to be filed by the treasurer no later than ninety (90) days following the election indicating the
disposition of all campaign funds, s. 106.141, F.S. (1977).
Section 106.141, F.S. (1977) requires candidates who are eliminated or elected to office to dispose of
funds remaining in their campaign account according to the provisions in subsection (4) thereof.
Candidates elected to office are entitled to retain certain specified sums in the campaign account, to be
used for "legitimate expenses in connection with his office." s. 106.141(5), F.S. (1977). In instances
where a retention of funds by an elected official occurs, a quarterly report is a continuing requirement
until the funds are exhausted or disposed of according to s. 106.141(4), F.S. (1977).
Such retained funds could be utilized by a successful candidate for the purpose of thank you letters,
victory parties etc. While the Legislature did not define "legitimate expenses in connection with his
office," it would appear to include those expenses resulting from, or by virtue of one's public office,
for which public funds have not been provided by the state or other governmental unit.
A candidate may purchase a post election thank you advertisement rn a news medium provided the
expenditure is authorized and incurred prior to or on the date of the election. Funds remaining rn the
campaign treasury following the election day are to be used solely for payment for remaining financial
obhgations incurred prior to or on election day, which are presented for payment. Remaining funds are
to be disposed of according to s 106.141, F.S. (1977). Retained funds may be utilized for thank you
notices, etc., by a successful candidate by being "legitimate expenses in connection with his office."
A Compilation of
weal
of the
State of Florida
August 211.
FLORIDA DEPARTMENT OF STA
Division of Elections
TITLE IX
ELECTORS AND ELECTIONS
CHAPTER 97
QUALIFICATION AND REGISTRATION OF ELECTORS
PART I GENERAL PROVISIONS (ss. 97.011-97.028)
PART II FLORIDA VOTER REGISTRATION ACT (ss. 97.032-97105)
PART I
GENERAL PROVISIONS
97.011 Short title.
97.0115 Preemption.
97.012 Secretary of State as chief election officer.
97.021 Definitions.
97.023 Procedures on complaints of violations.
97.025 Election Code; copies thereof.
97.026 Forms to be available in alternative formats
and via the Internet.
97.028 Procedures on complaints of violations of
Title III of the Help America Vote Act of
2002.
97.011 Short title. Chapters 97-106 inclusive
shall be known and may be cited as "The Florida
Election Code."
History.—s. 1, ch. 26870, 1951; s. 1, ch. 65-60; s. 1, ch. 77-175.
97.0115 Preemption. All matters set forth in
chapters 97-105 are preempted to the state, except
as otherwise specifically authorized by state or federal
law. The conduct of municipal elections shall be
governed by s. 100.3605.
History.—s 1, ch. 2010-167.
97.012 Secretary of State as chief election offi-
cer.—The Secretary of State is the chief election officer
of the state, and it is his or her responsibility to:
(1) Obtain and maintain uniformity in the interpreta-
tion and implementation of the election laws. In order to
obtain and maintain uniformity in the interpretation and
implementation of the election laws the Department of
State may, pursuant to ss. 120.536(1) and 120.54,
adopt by rule uniform standards for the proper and
equitable interpretation and implementation of the
requirements of chapters 97-102 and chapter 105 of
the Election Code.
(2) Provide uniform standards for the proper and
equitable implementation of the registration laws by
administrative rule of the Department of State adopted
pursuant to ss. 120.536(1) and 120.54.
(3) Actively seek out and collect the data and
statistics necessary to knowledgeably scrutinize the
effectiveness of election laws.
(4) Provide technical assistance to the supervisors
of elections on voter education and election personnel
training services.
1
(5) Provide technical assistance to the supervisors
of elections on voting systems.
(6) Provide voter education assistance to the public.
(7) Coordinate the state's responsibilities under the
N ational Voter Registration Act of 1993.
(8) Provide training to all affected state agencies on
the necessary procedures for proper implementation of
this chapter.
(9) Ensure that all registration applications and
forms prescribed or approved by the department are
in compliance with the Voting Rights Act of 1965 and the
N ational Voter Registration Act of 1993.
(10) Coordinate with the United States Department of
D efense so that armed forces recruitment offices
administer voter registration in a manner consistent
with the procedures set forth in this code for voter
registration agencies.
(11) Create and administer a statewide voter regis-
tration system as required by the Help America Vote Act
of 2002. The secretary may delegate voter registration
duties and records maintenance activities to voter
registration officials. Any responsibilities delegated by
the secretary shall be performed in accordance with
state and federal law.
(12) Maintain a voter fraud hotline and provide
election fraud education to the public.
(13) Designate an office within the department to be
responsible for providing information regarding voter
registration procedures and absentee ballot procedures
to absent uniformed services voters and overseas
voters.
(14) Bring and maintain such actions at law or in
equity by mandamus or injunction to enforce the
performance of any duties of a county supervisor of
elections or any official performing duties with respect to
chapters 97-102 and chapter 105 or to enforce com-
pliance with a rule of the Department of State adopted to
interpret or implement any of those chapters
(a) Venue for such actions shall be in the Circuit
Court of Leon County
(b) When the secretary files an action under this
section and not more than 60 days remain before an
election as defined in s. 97 021, or during the time
period after the election and before certification of the
election pursuant to s. 102.112 or s. 102 121, the court,
including an appellate court, shall set an immediate
hearing, giving the case priority over other pending
cases.
Ch. 97
QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2010
(c) Prior to filing an action to enforce performance of
the duties of the supervisor of elections or any official
described in this subsection, the secretary or his or her
designee first must confer, or must make a good faith
attempt to confer, with the supervisor of elections or the
official to ensure compliance with chapters 97-102 and
chapter 105 or the rules of the Department of State
adopted under any of those chapters.
(15) Conduct preliminary investigations into any irre-
gularities or fraud involving voter registration, voting,
candidate petition or issue petition activities and report
his or her findings to the statewide prosecutor or the
state attorney for the judicial circuit in which the alleged
violation occurred for prosecution if warranted The
Department of State may prescribe by rule require-
ments for filing an elections -fraud complaint and for
investigating any such complaint.
History.—s. 1, ch. 75-98; s. 21, ch. 84-302; s 2, ch. 89-348; s. 1, ch. 90-315; s.
2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch.
2003-415; s. 1, ch. 2005-277; s. 1, ch. 2005-278, 8. 1, ch. 2008-95.
97.021 Definitions.—For the purposes of this
code, except where the context clearly indicates other-
wise the terms
(1) "Absent elector' means any registered and
qualified voter who casts an absentee ballot
(2) "Absent uniformed services voter" means:
(a) A member of a uniformed service on active duty
who by reason of such active duty, is absent from the
place of residence where the member is otherwise
qualified to vote;
(b) A member of the merchant marine who, by
reason of service in the merchant marine, is absent
from the place of residence where the member is
otherwise qualified to vote; or
(c) A spouse or dependent of a member referred to
in paragraph (a) or paragraph (b) who, by reason of the
active duty or service of the member, is absent from the
place of residence where the spouse or dependent is
otherwise qualified to vote. '
(3) "Alternative formats' has the meaning ascribed
in the Americans with Disabilities Act of 1990, Pub L
No. 101-336, 42 U S C ss. 12101 et seq. including
specifically the technical assistance manuals promul-
gated thereunder, as amended
(4) 'Ballot" or "official ballot' when used in reference
to:
(a) "Marksense ballots' means that printed sheet of
paper, used in conjunction with an electronic or
electromechanical vote tabulation voting system, con-
taining the names of candidates, or a statement of
proposed constitutional amendments or other questions
o r propositions submitted to the electorate at any
election, on which sheet of paper an elector casts his
or her vote.
(b) "Electronic or electromechanical devices" means
a ballot that is voted by the process of electronically
designating, including by touchscreen, or marking with a
marking device for tabulation by automatic tabulating
equipment or data processing equipment.
(5) "Candidate" means any person to whom any one
o r more of the following applies:
(a) Any person who seeks to qualify for nomination
o r election by means of the petitioning process.
2
(b) Any person who seeks to qualify for election as a
write-in candidate.
(c) Any person who receives contributions or makes
expenditures, or gives his or her consent for any other
person to receive contributions or make expenditures,
with a view to bringing about his or her nomination or
election to, or retention in, public office.
(d) Any person who appoints a treasurer and
designates a primary depository.
(e) Any person who files qualification papers and
subscribes to a candidate's oath as required by law
However this definition does not include any candidate
for a political party executive committee.
(6) "Department" means the Department of State.
(7) "Division" means the Division of Elections of the
Department of State.
(8) "Early voting" means casting a ballot prior to
election day at a location designated by the supervisor
of elections and depositing the voted ballot in the
tabulation system.
(9) "Early voting area' means the area designated
by the supervisor of elections at an early voting site at
which early voting activities occur, including, but not
limited to, lines of voters waiting to be processed, the
area where voters check in and are processed, and the
area where voters cast their ballots
(10) 'Early voting site' means those locations speci-
fied in s. 101.657 and the building in which early voting
occurs.
(11) "Election" means any primary election, special
primary election, special election, general election, or
presidential preference primary election.
(12) "Election board" means the clerk and inspectors
appointed to conduct an election.
(13) 'Election costs' shall include, but not be limited
to, expenditures for all paper supplies such as envel-
opes, instructions to voters, affidavits, reports, ballot
cards, ballot booklets for absentee voters, postage,
notices to voters; advertisements for registration book
closings testing of voting equipment, sample ballots,
and polling places forms used to qualify candidates;
polling site rental and equipment delivery and pickup;
data processing time and supplies; election records
retention; and labor costs, including those costs un-
iquely associated with absentee ballot preparation, poll
workers, and election night canvass.
(14) "Elector' is synonymous with the word "voter' or
"qualified elector or voter," except where the word is
used to describe presidential electors
(15) "General election" means an election held on the
first Tuesday after the first Monday in November in the
even numbered years, for the purpose of filling national,
state county, and district offices and for voting on
constitutional amendments not otherwise provided for
by law.
(16) "Lists of registered electors" means names and
associated information of registered electors main-
tained by the department in the statewide voter
registration system or generated or derived from the
statewide voter registration system Lists may be
produced in printed or electronic format.
F.S. 2010
QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
(17) "Member of the Merchant Marine" means an
individual, other than a member of a uniformed service
or an individual employed, enrolled, or maintained on
the Great Lakes for the inland waterways, who is:
(a) Employed as an officer or crew member of a
vessel documented under the laws of the United States,
a vessel owned by the United States, or a vessel of
foreign -flag registry under charter to or control of the
United States; or
(b) Enrolled with the United States for employment
or training for employment, or maintained by the United
States for emergency relief service, as an officer or crew
member of such vessel
(18) "Minor political party" is any group as defined in
this subsection which on January 1 preceding a primary
election does not have registered as members 5 percent
of the total registered electors of the state. Any group of
citizens organized for the general purposes of electing
to office qualified persons and determining public issues
under the democratic processes of the United States
may become a minor political party of this state by filing
with the department a certificate showing the name of
the organization, the names of its current officers,
including the members of its executive committee,
and a copy of its constitution or bylaws It shall be the
duty of the minor political party to notify the department
of any changes in the filing certificate within 5 days of
such changes.
(19) "Newspaper of general circulation" means a
newspaper printed in the language most commonly
spoken in the area within which it circulates and which is
readily available for purchase by all inhabitants in the
area of circulation, but does not include a newspaper
intended primarily for members of a particular profes-
sional or occupational group, a newspaper the primary
function of which is to carry legal notices, or a news-
paper that is given away primarily to distribute advertis-
ing.
(20) "Nominal value" means having a retail value of
$10 or less.
(21) ' Nonpartisan office" means an office for which a
candidate is prohibited from campaigning or qualifying
for election or retention in office based on party
affiliation.
(22) "Office that serves persons with disabilities"
means any state office that takes applications either
in person or over the telephone from persons with
disabilities for any program, service, or benefit primarily
related to their disabilities.
(23) "Overseas voter" means
(a) An absent uniformed services voter who, by
reason of active duty or service, is absent from the
United States on the date of the election involved
(b) A person who resides outside the United States
and is qualified to vote in the last place in which the
person was domiciled before leaving the United States;
or
(c) A person who resides outside the United States
and, but for such residence, would be qualified to vote in
the last place in which the person was domiciled before
leaving the United States.
(24) "Overvote" means that the elector marks or
designates more names than there are persons to be
3
elected to an office or designates more than one answer
to a ballot question, and the tabulator records no vote for
the office or question.
(25) "Persons with disabilities" means individuals who
have a physical or mental impairment that substantially
limits one or more major life activities
(26) ' Polling place" is the building which contains the
polling room where ballots are cast.
(27) "Polling room" means the actual room in which
ballots are cast on election day and during early voting.
(28) "Primary election" means an election held pre-
ceding the general election for the purpose of nominat-
ing a party nominee to be voted for in the general
election to fill a national, state, county, or district office.
(29) "Provisional ballot" means a conditional ballot,
the validity of which is determined by the canvassing
board
(30) "Public assistance" means assistance provided
through the food assistance program under the federal
Supplemental Nutrition Assistance Program, the Med-
icaid program, the Special Supplemental Food Program
for Women, Infants and Children; and the Temporary
Cash Assistance Program.
(31) "Public office" means any federal, state, county,
municipal, school, or other district office or position
which is filled by vote of the electors.
(32) "Qualifying educational institution" means any
public or private educational institution receiving state
financial assistance which has, as its primary mission,
the provision of education or training to students who
are at least 18 years of age, provided such institution
has more than 200 students enrolled in classes with the
institution and provided that the recognized student
government organization has requested this designa-
tion in writing and has filed the request with the office of
the supervisor of elections in the county in which the
institution is located.
(33) "Special election" is a special election called for
the purpose of voting on a party nominee to fill a
vacancy in the national, state, county or district office.
(34) "Special primary election" is a special nomination
election designated by the Governor called for the
purpose of nominating a party nominee to be voted on in
a general or special election.
(35) "Supervisor" means the supervisor of elections.
(36) "Tactile input device" means a device that
provides information to a voting system by means of
a voter touching the device, such as a keyboard, and
that complies with the requirements of s
101 56062(1)(k) and (I).
(37) "Third -party registration organization" means
any person, entity, or organization soliciting or collecting
voter registration applications. A third -party voter regis-
tration organization does not includes
(a) A person who seeks only to register to vote or
collect voter registration applications from that person's
spouse, child, or parent or
(b) A person engaged in registering to vote or
collecting voter registration applications as an employee
or agent of the division, supervisor of elections,
Department of Highway Safety and Motor Vehicles, or
a voter registration agency.
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS
(38) "Undervote" means that the elector does not
properly designate any choice for an office or ballot
question, and the tabulator records no vote for the office
or question.
(39) ' Uniformed services" means the Army, Navy, Air
Force Marine Corps, and Coast Guard, the commis-
sioned corps of the Public Health Service, and the
commissioned corps of the National Oceanic and
Atmospheric Administration.
(40) "Voter interface device" means any device that
communicates voting instructions and ballot information
to a voter and allows the voter to select and vote for
candidates and issues.
(41) "Voter registration agency" means any office that
provides public assistance, any office that serves
persons with disabilities, any center for independent
living, or any public library.
(42) "Voter registration official" means any supervisor
of elections or individual authorized by the Secretary of
State to accept voter registration applications and
execute updates to the statewide voter registration
system.
(43) "Voting booth" or "booth" means that booth or
enclosure wherein an elector casts his or her ballot for
tabulation by an electronic or electromechanical device.
(44) "Voting system" means a method of casting and
processing votes that functions wholly or partly by use of
electromechanical or electronic apparatus or by use of
marksense ballots and includes, but is not limited to, the
procedures for casting and processing votes and the
programs, operating manuals, supplies, printouts, and
other software necessary for the system's operation.
History. -s. 2, ch. 6469,1913; RGS 300; s. 1, ch. 8582,1921; CGL 356; s. 1, ch.
13761,1929• s.1, ch.18060,1937; s. 1, ch. 19663; 1939A s.1, ch. 26870,1951; s.1,
ch. 28156,1953; s. 1, ch. 61-370; s. 2, ch. 65-60; s. 1, ch. 67-32; s. 2, ch. 67-142; s.
2, ch. 67-386 s. 1, ch. 69-137; s. 1, ch. 69-280; s. 1, ch. 69-377; s. 1, ch. 70-269; s.
1, ch. 70-439 s. 1, ch. 71-206; s. 1, ch. 73-157; s. 31, ch. 73-333; s. 23, ch. 77-104;
s. 1, ch. 77-175; s. 1, ch. 79-157; s. 24, ch. 79-400; s. 1, ch. 81-105; s. 15, ch.
82-143; s. 22 ch. 84-302; s. 1, ch. 87-184; ss. 5,12, ch. 87-363; s. 1, ch. 89-338; s.
3, ch. 89-348 s. 2, ch. 90-315; s. 3, ch. 94-224; s. 1382, ch. 95-147; s. 1, ch. 96-57;
s. 54, ch. 96-175; s. 1, ch. 96-327; s. 35, ch. 97-13; s. 3, ch. 98-129; ss. 2, 34, ch.
2001-40; s. 4, ch. 2002-281; s. 2, ch. 2003-415; s. 9, ch. 2004-252; s. 2, ch.
2005-277; s. 2, ch. 2005-278; s. 2, ch. 2005-286; s. 1, ch. 2007-30; s. 2, ch.
2010-167; s. 1, ch. 2010-209.
Note. -Former s. 102.02.
97.023 Procedures on complaints of violations.
(1)(a) Any person who is aggrieved by a violation of
either the National Voter Registration Act of 1993 or a
voter registration or removal procedure under the
Florida Election Code may file a written complaint
with the department, which shall serve as notice to
the Secretary of State.
(b) A complaint must state the alleged violation and
the person or entity responsible, who must be the
department, a voter registration agency, a supervisor,
the Department of Highway Safety and Motor Vehicles,
or an Armed Forces Recruitment Center If the depart-
ment determines that a complaint fails to allege both a
violation and a person or entity responsible for the
violation, the department shall inform the complainant
that he or she has not given sufficient notice and the
steps that must be taken in order to give proper notice
(c) For the purposes of this section, a violation of
either the National Voter Registration Act of 1993 or a
voter registration or removal procedure under the
Florida Election Code is the failure to perform an act
4
F.S. 2010
required or the performance of an act prohibited by
either the National Voter Registration Act of 1993 or a
voter registration or removal procedure under the
Florida Election Code.
(d) The department has primary jurisdiction over
complaints filed under the provisions of this section.
(2) When a complaint is filed with the department,
the parties to the complaint must be given the oppor-
tunity to resolve the complaint through an informal
dispute resolution process to be established by the
department. This process must provide for
(a) A time limitation of 30 days on the process,
unless the alleged violation occurred within 120 days
before the date of an election, in which case there must
be a time limitation of 20 days;
(b) A mediator provided by the department, who
may be a department employee unless the department
is alleged to be responsible for the violation, in which
case the Governor must appoint a mediator who is not a
department employee;
(c) Notice to a complainant;
(d) Notice to a respondent of the allegations filed
against him or her in the complaint
(e) An opportunity for the parties to submit written
statements, present oral argument either in person or by
telephone, and present evidence; and
(f) A written statement by the mediator to the
department stating the outcome of the dispute resolu-
tion process.
(3) If an alleged violation occurred within 30 days
before the date of a state or federal election and the
alleged violation will affect the registrant's right to vote in
that election, the complainant may immediately bring an
action in the circuit court in the county where the alleged
violation occurred. Otherwise, the following are condi-
tions precedent for a complainant to bring an action for
declaratory or injunctive relief in the circuit court in the
county where the alleged violation occurred:
(a) The complainant gave proper written notice of
the alleged violation to the Secretary of State;
(b) The complainant participated in the informal
dispute resolution process; and
(c) An agreement is not reached or an alleged
violation is not corrected within 90 days after receipt
of notice or 20 days after receipt of notice if the alleged
violation occurred within 120 days before the date of an
election.
History. -s. 4, ch. 94-224; s. 1383, ch. 95-147.
97.025 Election Codes copies thereof. A
pamphlet of a reprint of the Election Code adequately
indexed shall be prepared by the Department of State.
It shall have a sufficient number of these pamphlets
printed so that one may be given, upon request, to each
candidate who qualifies with the department A suffi-
cient number may be sent to each supervisor, prior to
the first day of qualifying, for distribution, upon request,
to each candidate who qualifies with the supervisor and
to each clerk of elections. The cost of printing the
F.S. 2010
QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
pamphlets shall be paid out of funds appropriated for
conducting elections.
History—s. 38, ch. 3879, 1889; RS 192; s. 69, ch. 4328, 1895; GS 253; RGS
297; CGL 353; s. 2, ch. 26870,1951; s. 17, ch. 65-134; ss. 10, 35, ch. 69-106; s. 5,
ch. 77-175• s. 2, ch. 79-365; s. 5, ch. 94-224.
Note.—Former s. 99.54; s. 98.251.
97.026 Forms to be available in alternative for-
mats and via the Internet.—It is the intent of the
Legislature that all forms required to be used in chapters
97-106 shall be made available upon request in
alternative formats. Such forms shall include absentee
ballots as alternative formats for such ballots become
available and the Division of Elections is able to certify
systems that provide them. The department may,
pursuant to ss. 120.536(1) and 120.54, adopt rules to
administer this section. Whenever possible, such forms,
with the exception of absentee ballots, shall be made
available by the Department of State via the Internet.
Sections that contain such forms include, but are not
limited to, ss. 97.051, 97.052, 97.053 97.057 97.058
97.0583, 97 071, 97.073, 97.1031, 98.075, 99.021
100.361, 100.371, 101.045, 101.171, 101.20
101.6103, 101.62, 101.64 101.65, 101 657, 105.031
106.023, and 106.087
History.—s. 5, ch 2002-281; s. 3, ch. 2005-278.
97.028 Procedures on complaints of violations
of Title III of the Help America Vote Act of 2002.—
(1)(a) Any person who believes that a violation of
Title III of the Help America Vote Act of 2002 has
occurred, is occurring, or is about to occur may file a
complaint with the department.
(b) The complaint must be in writing and must be
signed and sworn to before a notary by the person filing
the complaint. Further the complaint must state the
alleged violation and the person or entity responsible for
the violation The department shall prescribe the form
for complaints filed under this section. If the department
determines that the complaint fails to allege both a
violation and a person or entity responsible for the
violation, or that the complaint is not properly executed,
the department shall inform the complainant in writing
that the complaint is legally insufficient.
(c) For purposes of this section, a violation of Title III
of the Help America Vote Act of 2002 is the failure to
perform an act required or the performance of an act
prohibited by Title III of the Help America Vote Act of
2002 by a covered person or entity.
(d) The department shall have sole jurisdiction over
complaints filed under the provisions of this section.
(e) This section provides the sole avenue of redress
for alleged violations of Title III of the Help America Vote
Act of 2002 and does not give rise to any other cause of
action.
(f) The department may consolidate complaints
filed under this section.
(g) All proceedings under this section are exempt
from chapter 120
(2)(a) When a legally sufficient complaint is filed with
the department the agency head shall designate a
hearing officer who shall:
1. Provide the subject of the complaint with a copy
of the complaint. The subject of the complaint shall,
5
within 10 days after receipt of the complaint, file with the
department a wntten, sworn response to the complaint.
2. Upon receipt of the response, the hearing officer
shall review both sworn filings to determine whether a
violation of Title III of the Help America Vote Act of 2002
has occurred is occurring or is about to occur. The
complaint and the response shall constitute the official
hearing record to be considered by the hearing officer
The hearing officer shall provide the complainant with a
copy of the response.
3. At the hearing officer's discretion, the complai-
nant and the respondent may be ordered by the hearing
officer to provide additional sworn oral or written
statements or additional documents to assist the
hearing officer in making his or her determination.
Further, other relevant witnesses may also be ordered
by the hearing officer to give sworn testimony or to
provide relevant documents to assist the hearing officer
in making his or her determination. Any such statements
or documents received by the hearing officer shall also
become part of the official hearing record For purposes
of this section the hearing officer is authorized to
administer oaths and to issue subpoenas.
4. The hearing officer shall advise both the com-
plainant and respondent in writing of their determina-
tion. If the hearing officer determines that no violation
has occurred, is occurring or is about to occur, the
department shall dismiss the complaint and publish its
determination. If the hearing officer determines that a
violation of Title III of the Help America Vote Act has
occurred, is occurring, or is about to occur the
department shall issue and deliver an order directing
the appropriate remedy to persons responsible for
effecting such remedy. The issuance of an order does
not constitute agency action for which a hearing under s.
120.569 or s. 120 57 may be sought. For purposes of
enforcing the order, the department may initiate- a
proceeding in the name of the state seeking issuance
of an injunction a writ of mandamus, or other equitable
remedy against any person who violates any provision
of such order.
5. The department shall make a final determination
with respect to the complaint within 90 days after the
date that the complaint was filed, unless the complai-
nant consents to a longer period for making such a
determination.
(b) If the department fails to meet the deadline
established in subparagraph (a)5., the complaint shall
be forwarded to mediation Mediation shall occur within
60 days after the department's failure to make a
determination within the timeframe established in sub-
paragraph (a)5. The record created under this section
shall be made available for use in the mediation.
History.—s. 5, ch. 2003-415.
PART 11
FLORIDA VOTER REGISTRATION ACT
97.032
97.041
97.051
Short title.
Qualifications to register or vote.
Oath upon registering.
Ch. 97
QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2010
97.052 Uniform statewide voter registration appli-
cation.
97.053 Acceptance of voter registration applica-
tions.
97.0535 Special requirements for certain applicants.
97.055 Registration books; when closed for an
election.
97.0555 Late registration.
97.057 Voter registration by the Department of
Highway Safety and Motor Vehicles.
97.0575 Third -party voter registrations.
97.058 Voter registration agencies.
97.0583 Voter registration at qualifying educational
institutions.
97.05831 Voter registration applications made avail-
able to the Fish and Wildlife Conserva-
tion Commission.
97.0585 Public records exemption; information re-
garding voters and voter registration;
confidentiality.
97.061 Special registration for electors requiring
assistance.
97.071 Voter information card
97.073 Disposition of voter registration applica-
tions; cancellation notice
97.1031 Notice of change of residence, change of
name, or change of party affiliation.
97.105 Permanent single registration system es-
tablished.
97.032 Short title.—This part may be cited as the
"Florida Voter Registration Act."
History.—s. 7, ch. 94-224.
97.041 Qualifications to register or vote.
(1)(a) A person may become a registered voter only
if that person:
1. Is at least 18 years of age;
2. Is a citizen of the United States;
3. Is a legal resident of the State of Florida;
4. Is a legal resident of the county in which that
person seeks to be registered and
5. Registers pursuant to the Florida Election Code.
(b) A person who is otherwise qualified may pre -
register on or after that person's 16th birthday and may
vote in any election occurring on or after that person's
18th birthday.
(2) The following persons, who might be otherwise
qualified, are not entitled to register or vote:
(a) A person who has been adjudicated mentally
incapacitated with respect to voting in this or any other
state and who has not had his or her right to vote
restored pursuant to law.
(b) A person who has been convicted of any felony
by any court of record and who has not had his or her
right to vote restored pursuant to law.
(3) A person who is not registered may not vote.
History.—ss 1, chs. 3850, 3879, 1889; RS 154; s. 1 ch. 4328, 1895; GS 170;
RGS 215; s. 1, ch. 8583, 1921; CGL 248; s. 1, ch. 26870, 1951; s. 2, ch. 28156,
1953; s. 1, ch. 63-408; s. 3, ch. 65-60; s. 1, ch. 67-67; ss 1, 4, ch. 71-108; s. 1, ch.
72-197; s. 2, ch. 73-157; s. 31, ch. 73-333; s. 1, ch. 74-5 s. 1, ch. 77-175; s. 2, ch.
89-338; s. 8, ch. 94-224; s. 12, ch. 2007-30; s. 2, ch. 2008-95.
Note. Former s. 98.01.
6
97.051 Oath upon registering.—A person regis-
tering to vote must subscribe to the following oath: "I do
solemnly swear (or affirm) that I will protect and defend
the Constitution of the United States and the Constitu-
tion of the State of Florida, that I am qualified to register
as an elector under the Constitution and laws of the
State of Florida, and that all information provided in this
application is true."
History.—s. 7, ch. 3879, 1889; RS 161; s. 8, ch. 4328, 1895; GS 178; RGS 222;
CGL 257; s. 4, ch. 25383, 1949; s. 1, ch. 26870, 1951; s. 3, ch. 69-280; ss. 2, 4, ch.
71-108; s. 1, ch. 72-63; s. 2, ch. 77-175; s. 1, ch. 81-304; s. 9, ch. 94-224; s. 3, ch.
2005-277; s. 4, ch. 2005-278.
Note.—Former s. 98.11.
97.052 Uniform statewide voter registration ap-
plication.—
(1) The department shall prescribe by rule a uniform
statewide voter registration application for use in this
state.
(a) The uniform statewide voter registration applica-
tion must be accepted for any one or more of the
following purposes:
1. Initial registration.
2 Change of address.
3. Change of party affiliation.
4. Change of name
5. Replacement of a voter information card.
6. Signature update.
(b) The department is responsible for printing the
uniform statewide voter registration application and the
voter registration application form prescribed by the
Election Assistance Commission pursuant to federal
law. The applications and forms must be distributed
upon request, to the following:
1. Individuals seeking to register to vote or update a
voter registration record.
2. Individuals or groups conducting voter registra-
tion programs. A charge of 1 cent per application shall
be assessed on requests for 10,000 or more applica-
tions.
3. The Department of Highway Safety and Motor
Vehicles.
4. Voter registration agencies.
5. Armed forces recruitment offices.
6. Qualifying educational institutions.
7. Supervisors, who must make the applications
and forms available in the following manner
a. By distributing the applications and forms in their
offices to any individual or group.
b. By distributing the applications and forms at
other locations designated by each supervisor
c. By mailing the applications and forms to appli-
cants upon the request of the applicant.
(c) The uniform statewide voter registration applica-
tion may be reproduced by any private individual or
group, provided the reproduced application is in the
same format as the application prescribed by rule under
this section.
(2) The uniform statewide voter registration applica-
tion must be designed to elicit the following information
from the applicant
(a) Last, first, and middle name, including any suffix.
(b) Date of birth.
(c) Address of legal residence.
(d) Mailing address if different.
F.S. 2010
QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
(e) County of legal residence.
Race or ethnicity that best describes the appli-
cant:
1 American Indian or Alaskan Native.
2. Asian or Pacific Islander.
3 Black, not Hispanic.
4. White, not Hispanic.
5 Hispanic.
(g) State or country of birth.
(h) Sex.
(i) Party affiliation.
(j) Whether the applicant needs assistance in vot-
ing.
(k) Name and address where last registered.
(I) Last four digits of the applicant's social security
number.
(m) Florida driver's license number or the identifica-
tion number from a Florida identification card issued
under s. 322.051.
(n) An indication, if applicable, that the applicant has
not been issued a Florida driver's license, a Florida
identification card, or a social security number.
(o) Telephone number (optional).
(p) Signature of applicant under penalty for false
swearing pursuant to s 104 011, by which the person
subscribes to the oath required by s. 3, Art VI of the
State Constitution and s. 97.051, and swears or affirms
that the information contained in the registration appli-
cation is true.
(q) Whether the application is being used for initial
registration, to update a voter registration record, or to
request a replacement voter information card.
(r) Whether the applicant is a citizen of the United
States by asking the question 'Are you a citizen of the
United States of America?' and providing boxes for the
applicant to check to indicate whether the applicant is or
is not a citizen -of the United States. -
(s) Whether the applicant has been convicted of a
felony, and, if convicted has had his or her civil rights
restored by including the statement "I affirm I am not a
convicted felon, or, if I am my rights relating to voting
have been restored." and providing a box for the
applicant to check to affirm the statement.
(t) Whether the applicant has been adjudicated
mentally incapacitated with respect to voting or, if so
adjudicated, has had his or her right to vote restored by
including the statement "1 affirm I have not been
adjudicated mentally incapacitated with respect to
voting, or, if I have, my competency has been restored."
and providing a box for the applicant to check to affirm
the statement.
The registration application must be in plain language
and designed so that convicted felons whose civil rights
have been restored and persons who have been
adjudicated mentally incapacitated and have had their
voting rights restored are not required to reveal their
prior conviction or adjudication.
(3) The uniform statewide voter registration applica-
tion must also contain:
(a) The oath required by s. 3, Art. VI of the State
Constitution and s. 97.051.
7
(b) A statement specifying each eligibility require-
ment under s. 97.041.
(c) The penalties provided in s. 104.011 for false
swearing in connection with voter registration.
(d) A statement that, if an applicant declines to
register to vote, the fact that the appl'cant has declined
to register will remain confidential and may be used only
for voter registration purposes.
(e) A statement that informs the applicant who
chooses to register to vote or update a voter registration
record that the office at which the applicant submits a
voter registration application or updates a voter regis
tration record will remain confidential and may be used
only for voter registration purposes.
(f) A statement informing an applicant who has not
been issued a Florida driver's license, a Florida
identification card, or a social security number that if
the application is submitted by mail and the applicant is
registering for the first time in this state, the applicant will
be required to provide identification prior to voting the
first time.
(4) A supervisor may produce a voter registration
application that has the supervisor's direct mailing
address if the department has reviewed the application
and determined that it is substantially the same as the
uniform statewide voter registration application.
(5) The voter registration application form pre-
scribed by the Election Assistance Commission pur-
suant to federal law or the federal postcard application
must be accepted as an application for registration in
this state if the completed application or postcard
application contains the information required by the
constitution and laws of this state
(6) If a voter registration applicant fails to provide
any of the required information on the voter registration
application form, the supervisor shall notify the applicant
of the failure by mail within 5 business days after the
supervisor has the information available in the voter
registration system. The applicant shall have an oppor-
tunity to complete the application form to vote in the next
election up until the book closing for that next election
History.—s. 5, ch 25391,1949; s. 2, ch. 26870 1951 s. 1, ch. 59-231; s. 8, ch.
65-134; s. 1, ch. 67-170; s. 8, ch. 69-377; ss. 10, 35, ch. 69-106; s. 2, ch. 72-63; s. 5,
ch. 77-175; s. 23, ch. 84-302; s. 6, ch. 89-338; s. 10, ch. 94-224; s. 2, ch. 96-327; s
26, ch. 97-13; s. 4, ch. 98-1294 ss 1, 7, ch. 2002-189; s. 3, ch. 2003-415; s. 4, ch.
2005-277; s. 5, ch. 2005-278.
Note.—Former s. 97.05; s. 98.111.
97.053 Acceptance of voter registration applica-
tions.—
(1) Voter registration applications, changes in regis-
tration, and requests for a replacement voter informa-
tion card must be accepted in the office of any super-
visor the division, a driver license office, a voter
registration agency, or an armed forces recruitment
office when hand delivered by the applicant or a third
party during the hours that office is open or when
mailed.
(2) A voter registration application is complete and
becomes the official voter registration record of that
applicant when all information necessary to establish
the applicant's eligibility pursuant to s. 97.041 is
received by a voter registration official and verified
pursuant to subsection (6). If the applicant fails to
complete his or her voter registration application prior to
Ch. 97
QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2010
the date of book closing for an election, then such
applicant shall not be eligible to vote in that election.
(3) The registration date for a valid initial voter
registration application that has been hand delivered
is the date that the application is received by a driver
license office, a voter registration agency, an armed
forces recruitment office, the division or the office of
any supervisor in the state
(4) The registration date for a valid initial voter
registration application that has been mailed to a driver
license office, a voter registration agency an armed
forces recruitment office, the division or the office of
any supervisor in the state and bears a clear postmark is
the date of that postmark. If an initial voter registration
application that has been mailed does not bear a
postmark or if the postmark is unclear, the registration
date is the date the application is received by any
supervisor or the division unless it is received within 5
days after the closing of the books for an election,
excluding Saturdays, Sundays, and legal holidays, in
which case the registration date is the book -closing
date
(5)(a) A voter registration application is complete if it
contains the following information necessary to estab-
lish the applicant's eligibility pursuant to s. 97.041,
including:
1. The applicant's name.
2. The applicant s legal residence address.
3. The applicant's date of birth.
4. A mark in the checkbox affirming that the
applicant is a citizen of the United States.
5 a. The applicant's current and valid Florida driver's
license number or the identification number from a
Florida identification card issued under s. 322.051, or
b. If the applicant has not been issued a current and
valid Flonda driver's license or a Florida identification
card the last four digits of the applicant's social security
number.
In case an applicant has not been issued a current and
valid Florida driver's license, Florida identification card
or social security number, the applicant shall affirm this
fact in the manner prescribed in the uniform statewide
voter registration application.
6. A mark in the checkbox affirming that the
applicant has not been convicted of a felony or that if
convicted has had his or her civil rights restored
7. A mark in the checkbox affirming that the
applicant has not been adjudicated mentally incapaci-
tated with respect to voting or that, if so adjudicated, has
had his or her right to vote restored.
8. The original signature or a digital signature
transmitted by the Department of Highway Safety and
Motor Vehicles of the applicant swearing or affirming
under the penalty for false swearing pursuant to s
104.011 that the information contained in the registra-
tion application is true and subscribing to the oath
required by s. 3, Art VI of the State Constitution and s.
97.051.
(b) An applicant who fails to designate party affilia-
tion must be registered without party affiliation. The
supervisor must notify the voter by mail that the voter
has been registered without party affiliation and that the
8
voter may change party affiliation as provided in s.
97.1031.
(6) A voter registration application may be accepted
as valid only after the department has verified the
authenticity or nonexistence of the driver's license
n umber, the Florida identification card number, or the
last four digits of the social security number provided by
the applicant. If a completed voter registration applica-
tion has been received by the book closing deadline but
the driver's license number, the Florida identification
card number or the last four digits of the social security
n umber provided by the applicant cannot be verified, the
applicant shall be notified that the number cannot be
verified and that the applicant must provide evidence to
the supervisor sufficient to verify the authenticity of the
applicant's driver's license number Florida identification
card number, or last four digits of the social security
n umber. If the applicant provides the necessary evi-
dence, the supervisor shall place the applicant's name
on the registration rolls as an active voter. If the
applicant has not provided the necessary evidence or
the number has not otherwise been verified prior to the
applicant presenting himself or herself to vote, the
applicant shall be provided a provisional ballot. The
provisional ballot shall be counted only if the number is
verified by the end of the canvassing period or if the
applicant presents evidence to the supervisor of elec-
tions sufficient to verify the authenticity of the applicant's
driver's license number, Florida identification card
n umber, or last four digits of the social security number
no later than 5 p.m. of the second day following the
election.
(7) All voter registration applications received by a
voter registration official shall be entered into the
statewide voter registration system within 13 days
after receipt. Once entered, the application shall be
immediately forwarded to the appropriate supervisor of
elections.
History.—s.11, ch. 94-224; s.27, ch. 97-13; s.5, ch. 98-129; s. 4, ch.2003-415;
s. 5, ch. 2005-277; s. 6, ch. 2005-278; s. 13, ch. 2007-30; s. 3, ch. 2008-95.
97.0535 Special requirements for certain appli-
cants.—
(1) Each applicant who registers by mail and who
has never previously voted in the state and who the
department has verified has not been issued a current
and valid Florida driver's license, Florida identification
card, or social security number shall be required to
provide a copy of a current and valid identification, as
provided in subsection (3), or indicate that he or she is
exempt from the requirements prior to voting. Such
identification or indication may be provided at the time of
registering, or at any time prior to voting for the first time
in the state If the voter registration application clearly
provides information from which a voter registration
official can determine that the applicant meets at least
one of the exemptions in subsection (4), the voter
registration official shall make the notation on the
registration records of the statewide voter registration
system and the applicant shall not be required to
provide the identification required by this section.
(2) The voter registration official shall, upon accept-
ing the voter registration application submitted pursuant
to subsection (1), determine if the applicant provided the
F.S. 2010
QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
required identification at the time of registering. If the
required identification was not provided, the supervisor
shall notify the applicant that he or she must provide the
identification prior to voting the first time in the state.
(3)(a) The following forms of identification shall be
considered current and valid if they contain the name
and photograph of the applicant and have not expired:
1. United States passport.
2 Debit or credit card.
3. Military identification.
4. Student identification.
5. Retirement center identification.
6. Neighborhood association identification.
7. Public assistance identification.
(b) The following forms of identification shall be
considered current and valid if they contain the name
and current residence address of the applicant:
1. Utility bill.
2. Bank statement.
3. Government check.
4. Paycheck.
5. Other government document (excluding voter
identification card).
(4) The following persons are exempt from the
identification requirements of this section:
(a) Persons 65 years of age or older.
(b) Persons with a temporary or permanent physical
disability.
(c) Members of the uniformed service on active duty
who by reason of such active duty, are absent from the
county on election day.
(d) Members of the Merchant Marine who, by reason
of service in the Merchant Marine are absent from the
county on election day.
(e) The spouse or dependent of a member referred
to in paragraph (c) or paragraph (d) who, by reason of
the active duty or service of the member, is absent from
the county on election day.
(f) Persons currently residing outside the United
States who are eligible to vote in Florida
History.—s. 6, ch. 2003-415; s. 7, ch. 2005-278; s. 4, ch. 2008-95.
97.055 Registration books; when closed for an
(1)(a) The The registration books must be closed on the
29th day before each election and must remain closed
until after that election. If an election is called and there
are fewer than 29 days before that election the
registration books must be closed immediately
(b) Except as provided in paragraph (c), when the
registration books are closed for an election updates to
a voter's name, address and signature pursuant to ss.
98.077 and 101.045 shall be the only changes permitted
for purposes of the upcoming election New voter
registration applications must be accepted but only for
the purpose of subsequent elections.
(c) When the registration books are closed for an
upcoming election an update or change to a voter's
party affiliation made pursuant to s. 97 1031 shall be
permitted for that upcoming election unless such
election is for the purpose of nominating a political
party nominee, in which case the update or change shall
9
be permitted only for the purpose of subsequent
elections.
(2) In computing the 29 -day period for the closing of
the registration books, the day of the election is
excluded and all other days are included. If the 29th
day preceding an election falls on a Sunday or a legal
holiday, the registration books must be closed on the
next day that is not a Sunday or a legal holiday.
History.—s 2, ch. 25391, 1949; s. 2, ch. 26870,1951; s 5, ch. 29934, s. 1, ch.
29761,1955; s. 3, ch. 65-134 s. 2, ch. 67 530; s.1, ch. 71 124 ss 7 8 ch 72-63; s.
4, ch. 74-5; 8.1 ch. 77-174; s. 5, ch. 77-175; s. 7, ch. 80-292; s. 5, ch. 81-304; s. 1,
ch. 83-25; s. 27 ch. 84-302; s. 11, ch. 85-80; s. 6, ch. 89-338; s. 12, ch. 94-224; s. 6,
ch. 2005-277; s. 8, ch. 2005-278; s. 3, ch. 2005-286; s. 5, ch. 2008-95.
Note. Former s. 97.02; s. 98.051.
97.0555 Late registration. An individual or ac-
companying family member who has been discharged
or separated from the uniformed services or the
Merchant Marine, or from employment outside the
territorial limits of the United States, after the book -
closing date for an election pursuant to s. 97.055 and
who is otherwise qualified may register to vote in such
election until 5 p.m. on the Friday before that election in
the office of the supervisor of elections. Such persons
must produce sufficient documentation showing evi-
dence of qualifying for late registration pursuant to this
section. The Department of State shall adopt rules
specifying documentation that is sufficient to determine
eligibility.
History.—s. 47, ch. 2001-40; s. 1, ch. 2002-17.
97.057 Voter registration by the Department of
Highway Safety and Motor Vehicles.—
(1) The Department of Highway Safety and Motor
Vehicles shall provide the opportunity to register to vote
or to update a voter registration record to each individual
who comes to an office of that department to:
(a) Apply for or renew a driver s license;
(b) Applyfor or renew an identification card pursuant
to chapter 322; or
(c) Change an address on an existing driver's
license or identification card.
(2) The Department of Highway Safety and Motor
Vehicles shall:
(a) Notify each individual, orally or in writing, that:
1. Information gathered for the completion of a
driver's license or identification card application, renew-
al, or change of address can be automatically trans-
ferred to a voter registration application;
2. If additional information and a signature are
provided, the voter registration application will be
completed and sent to the proper election authority;
3. Information provided can also be used to update
a voter registration record;
4. All declinations will remain confidential and may
be used only for voter registration purposes; and
5. The particular driver license office in which the
person applies to register to vote or updates a voter
registration record wi I remain confidential and may be
used only for voter registration purposes.
(b) Require a driver's license examiner to inquire
orally or, if the applicant is hearing impaired inquire in
wnting whether the applicant wishes to register to vote
or update a voter registration record during the
Ch. 97
QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2010
completion of a driver's license or identification card
application, renewal, or change of address.
1 If the applicant chooses to register to vote or to
update a voter registration record:
a. All applicable information received by the De-
partment of Highway Safety and Motor Vehicles in the
course of filling out the forms necessary under subsec-
tion (1) must be transferred to a voter registration
application.
b. The additional necessary information must be
obtained by the driver's license examiner and must not
duplicate any information already obtained while com-
pleting the forms required under subsection (1).
c. A voter registration application with all of the
applicant's voter registration information required to
establish the applicant's eligibility pursuant to s. 97.041
must be presented to the applicant to review and verify
the voter registration information received and provide
an electronic signature affirming the accuracy of the
information provided.
2 If the applicant declines to register to vote,
update the applicant's voter registration record, or
change the applicant's address by either orally declining
or by failing to sign the voter registration application, the
Department of Highway Safety and Motor Vehicles must
note such declination on its records and shall forward
the declination to the statewide voter registration
system.
(3) For the purpose of this section, the Department
of Highway Safety and Motor Vehicles, with the
approval of the Department of State, shall prescribe:
(a) A voter registration application that is the same in
content, format, and size as the uniform statewide voter
registration application prescribed under s. 97.052; and
(b) A form that will inform applicants under subsec-
tion (1) of the information contained in paragraph (2)(a).
(4) The Department of Highway Safety and Motor
Vehicles must electronically transmit completed voter
registration applications within 24 hours after receipt to
the statewide voter registration system. Completed
paper voter registration applications received by the
Department of Highway Safety and Motor Vehicles shall
be forwarded within 5 days after receipt to the super-
visor of the county where the office that processed or
received that application is located.
(5) The Department of Highway Safety and Motor
Vehicles must send with each driver's license renewal
extension application authorized pursuant to s
322.18(8), a uniform statewide voter registration appli-
cation, the voter registration application prescnbed
under paragraph (3)(a), or a voter registration applica-
tion developed especially for the purposes of this
subsection by the Department of Highway Safety and
Motor Vehicles with the approval of the Department of
State, which must meet the requirements of s. 97.052.
(6) A person providing voter registration services for
a driver license office may not:
(a) Seek to influence an applicant's political pre-
ference or party registration;
(b) Display any political preference or party alle-
giance;
(c) Make any statement to an applicant or take any
action the purpose or effect of which is to discourage the
applicant from registering to vote; or
(d) Disclose any applicant's voter registration infor-
mation except as needed for the administration of voter
registration.
(7) The Department of Highway Safety and Motor
Vehicles shall collect data determined necessary by the
Department of State for program evaluation and report-
ing to the Election Assistance Commission pursuant to
federal law.
(8) The Department of Highway Safety and Motor
Vehicles must ensure that all voter registration services
provided by driver license offices are in compliance with
the Voting Rights Act of 1965.
(9) The Department of Highway Safety and Motor
Vehicles shall retain complete records of voter registra-
tion information received, processed, and submitted to
the statewide voter registration system by the Depart-
ment of Highway Safety and Motor Vehicles. These
records shall be for the explicit purpose of supporting
audit and accounting controls established to ensure
accurate and complete electronic transmission of re-
cords between the statewide voter registration system
and the Department of Highway Safety and Motor
Vehicles.
(10) The department shall provide the Department of
Highway Safety and Motor Vehicles with an electronic
database of street addresses valid for use as the legal
residence address as required in s. 97.053(5). The
Department of Highway Safety and Motor Vehicles shall
compare the address provided by the applicant against
the database of valid street addresses. If the address
provided by the applicant does not match a valid street
address in the database the applicant will be asked to
verify the address provided. The Department of High-
way Safety and Motor Vehicles shall not reject any
application for voter registration for which a valid match
cannot be made.
(11) The Department of Highway Safety and Motor
Vehicles shall enter into an agreement with the depart-
ment to match information in the statewide voter
registration system with information in the database of
the Department of Highway Safety and Motor Vehicles
to the extent required to verify the accuracy of the
driver's license number, Florida identification number,
or last four digits of the social security number provided
on applications for voter registration as required in s
97.053.
(12) The Department of Highway Safety and Motor
Vehicles shall enter into an agreement with the Com-
missioner of Social Security as required by the Help
America Vote Act of 2002 to verify the last four digits of
the social security number provided in applications for
voter registration as required in s. 97.053.
History.—s. 13, ch. 94-224; s. 2, ch. 2002-189; s. 9, ch. 2005-278.
97.0575 Third -party voter registrations.—
(1) Prior to engaging in any voter registration
activities, a third -party voter registration organization
shall name a registered agent in the state and submit to
the division in a form adopted by the division, the name
of the registered agent and the name of those
10
F.S. 2010
QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
individuals responsible for the day-to-day operation of
the third -party voter registration organization, including,
if applicable, the names of the entity's board of directors
president, vice president, managing partner, or such
other individuals engaged in similar duties or functions.
On or before the 15th day after the end of each calendar
quarter, each third -party voter registration organization
shall submit to the division a report providing the date
and location of any organized voter registration drives
conducted by the organization in the prior calendar
quarter
(2) The failure to submit the information required by
subsection (1) does not subject the third -party voter
registration organization to any civil or criminal penalties
for such failure, and the failure to submit such informa-
tion is not a basis for denying such third -party voter
registration organization with copies of voter registration
application forms.
(3) A third -party voter registration organization that
collects voter registration applications serves as a
fiduciary to the applicant, ensuring that any voter
registration application entrusted to the third -party
voter registration organization, irrespective of party
affiliation, race, ethnicity, or gender shall be promptly
delivered to the division or the supervisor of elections If
a voter registration application collected by any third -
party voter registration organization is not promptly
delivered to the division or supervisor of elections, the
third -party voter registration organization shall be liable
for the following fines
(a) A fine in the amount of $50 for each application
received by the division or the supervisor of elections
more than 10 days after the applicant delivered the
completed voter registration application to the third -
party voter registration organization or any person,
entity, or agent acting on its behalf A fine in the amount
of $250 for each application received if the third -party
registration organization or person, entity, or agency
acting on its behalf acted willfully.
(b) A fine in the amount of $100 for each application
collected by a third -party voter registration organization
or any person, entity, or agent acting on its behalf, prior
to book closing for any given election for federal or state
office and received by the division or the supervisor of
elections after the book closing deadline for such
election. A fine in the amount of $500 for each
application received if the third -party registration orga-
nization or person, entity, or agency acting on its behalf
acted willfully.
(c) A fine in the amount of $500 for each application
collected by a third -party voter registration organization
or any person, entity, or agent acting on its behalf, which
is not submitted to the division or supervisor of
elections. A fine in the amount of $1,000 for any
application not submitted if the third -party registration
organization or person, entity, or agency acting on its
behalf acted willfully.
The aggregate fine pursuant to this subsection which
may be assessed against a third -party voter registration
organization, including affiliate organizations, for viola-
tions committed in a calendar year shall be $1,000. The
fines provided in this subsection shall be reduced by
11
three-fourths in cases in which the third -party voter
registration organization has complied with subsection
(1) The secretary shall waive the fines described in this
subsection upon a showing that the failure to deliver the
voter registration application promptly is based upon
force majeure or impossibility of performance.
(4)(a) The division shall adopt by rule a form to elicit
specific information concerning the facts and circum-
stances from a person who claims to have been
registered by a third -party voter registration organiza-
tion but who does not appear as an active voter on the
voter registration rolls.
(b) The division may investigate any violation of this
section Civil fines shall be assessed by the division and
enforced through any appropriate legal proceedings.
(5) The date on which an applicant signs a voter
registration application is presumed to be the date on
which the third -party voter registration organization
received or collected the voter registration application.
(6) The civil fines provided in this section are in
addition to any applicable criminal penalties.
(7) Fines collected pursuant to this section shall be
annually appropriated by the Legislature to the depart-
ment for enforcement of this section and for voter
education.
(8) The division may adopt rules to administer this
section
History—s. 7, ch. 2005-277; s. 2, ch. 2007-30.
97.058 Voter registration agencies.
(1) Each voter registration agency must provide
each applicant the opportunity to register to vote or to
update a voter registration record, at the time the
applicant applies for services or assistance from that
agency, for renewal of such services or assistance or
for a change of address required with respect to the
service s or assistance
(2) Each voter registration agency, other than a
public library, must develop and provide each applicant
with a form approved by the department containing all of
the following:
(a) The questions:
1. ' If you are not registered to vote where you live
now, would you like to apply to register to vote today?"
2. "If you are registered to vote where you live now,
would you like to update your voter registration record?"
(b) For agencies providing public assistance, the
statement "Applying to register or declining to register
to vote will not affect the amount of assistance that you
will be provided by this agency."
(c) Boxes for the applicant to check which indicate
that:
1. The applicant would like to register to vote or
update a current voter registration;
2. The applicant would like to decline to register to
vote; or
3. The applicant is already registered to vote and
does not need to update the voter registration,
together with the statement, "If you do not check any
box, you will be considered to have decided not to
register to vote or update a voter registration at this
time.'
Ch. 97
QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2010
(d) The statement, "If you would like help in filling out
the voter registration application, we will help you. The
decision whether to seek or accept help is yours. You
may fill out the voter registration application in private."
(e) The statement, "If you believe that someone has
interfered with your right to register or to decline to
register to vote, your right to privacy in deciding whether
to register or in applying to register to vote, or your right
to choose your own political party or other political
preference, you may file a complaint with the Secretary
of State."
(f) The address and telephone number of the
appropriate office in the department where a complaint
may be filed.
(g) A statement that all declinations will remain
confidential and may be used only for voter registration
purposes.
(h) A statement that informs the applicant who
chooses to register to vote or update a voter registration
record that the office at which the applicant submits a
voter registration application or updates a voter regis-
tration record will remain confidential and may be used
only for voter registration purposes.
(3)(a) A voter registration agency may use the uni-
form statewide voter registration application or may
create and use a voter registration application that
meets the requirements of s. 97.052, with the approval
of the department.
(b) A voter registration agency must provide to each
applicant under subsection (1) the voter registration
application that the agency decides to use pursuant to
paragraph (a) An applicant who indicates a desire to
register to vote or update a voter registration record
must be provided the same degree of assistance with
regard to the completion of that voter registration
application as is provided by the agency with regard
to the completion of its own forms, unless the applicant
refuses that assistance.
(4) If a voter registration agency provides services to
a person with a disability at the person's home, the
agency must also provide voter registration services at
the person's home.
(5) A voter registration agency must establish pro-
cedures for providing voter registration services to
applicants who apply by telephone.
(6) A voter registration agency must forward all
completed and incomplete voter registration applica-
tions within 5 days after receipt to the supervisor of the
county where the agency that processed or received
that application is located.
(7) A voter registration agency must retain declina-
tions for a period of 2 years, during which time the
declinations are not considered a record of the client
pursuant to the laws governing the agency's records.
(8) A person providing voter registration services for
a voter registration agency may not:
(a) Seek to influence an applicant's political pre-
ference or party registration;
(b) Display any political preference or party alle-
giance;
(c) Make any statement to an applicant or take any
action the purpose or effect of which is to lead the
applicant to believe that a decision to register or not to
12
register has any bearing on the availability of services or
benefits•
(d) Make any statement to an applicant or take any
action the purpose or effect of which is to discourage the
applicant from registering to vote; or
(e) Disclose any applicant's voter registration infor-
mation except as needed for the administration of voter
registrations.
(9) A voter registration agency must collect data
determined necessary by the department, as provided
by rule, for program evaluation and reporting to the
Election Assistance Commission pursuant to federal
law
(10) Each state agency which contracts with a private
provider that is also a voter registration agency as
defined in s. 97.021 is responsible for contracting for
voter registration services with that provider and for
ensuring that the private provider complies with the
provisions of this section.
(11) Each voter registration agency must ensure that
all voter registration services provided by its offices are
in compliance with the Voting Rights Act of 1965.
History.—s. 14, ch. 94-224; s. 3, ch. 2002-189; s. 10, ch. 2005-278.
97.0583 Voter registration at qualifying educa-
tional institutions.—Each qualifying educational insti-
tution shall provide each student enrolled in that
institution the opportunity to register to vote or to update
a voter registration record on each campus at least once
a year. Qualifying educational institutions are also
encouraged to provide voter registration services at
other times and places, such as upon application for
financial aid, during admissions, at registration, upon
issuance of student identifications, and at new -student
orientation.
History.—s. 3, ch. 96-327
97.05831 Voter registration applications made
available to the Fish and Wildlife Conservation
Commission.—As required in s. 379.352, each super-
visor of elections shall supply voter registration applica-
tions to the Fish and Wildlife Conservation Commission
and its subagents, as needed.
History.—s 1, ch. 2006-95; s. 183, ch. 2008-247.
97.0585 Public records exemption; information
regarding voters and voter registration; confidenti-
ality.—
(1) The following information held by an agency as
defined in s 119.011 is confidential and exempt from s.
119.07(1) and s. 24(a), Art I of the State Constitution
and may be used only for purposes of voter registration:
(a) All declinations to register to vote made pursuant
to ss. 97.057 and 97 058.
(b) Information relating to the place where a person
registered to vote or where a person updated a voter
registration.
(c) The social security number, driver's license
number and Florida identification number of a voter
registration applicant or voter.
(2) The signature of a voter registration applicant or
a voter is exempt from the copying requirements of s.
119.07(1) and s. 24(a), Art. I of the State Constitution.
F.S. 2010
QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
(3) The names, addresses, and telephone numbers
of persons who are victims of stalking or aggravated
stalking are exempt from s. 119.071(1) and s. 24(a), Art
I of the State Constitution in the same manner that the
names, addresses, and telephone numbers of partici-
pants in the Address Confidentiality Program for Victims
of Domestic Violence which are held by the Attorney
General under s 741.465 are exempt from disclosure,
provided that the victim files a sworn statement of
stalking with the Office of the Attorney General and
otherwise complies with the procedures in ss. 741.401-
741.409.
(4) This section applies to information held by an
agency before, on, or after the effective date of this
exemption.
(5) Subsection (3) is subject to the Open Govern-
ment Sunset Review Act in accordance with s. 119.15
and shall stand repealed on October 2, 2015, unless
reviewed and saved from repeal through reenactment
by the Legislature.
History. -59.1 2 ch. 94-345; s. 24, ch. 96-406; ss. 1, 3, ch. 2005-279; s. 1, ch.
2010 42; ss 1 2, ch. 2010-115.
97.061 Special registration for electors requir-
ing assistance. -
(1) Any person who is eligible to register and who is
unable to read or write or who, because of some
disability, needs assistance in voting shall upon that
person s request be registered under the procedure
prescribed by this section and shall be entitled to
receive assistance at the polls under the conditions
prescribed by this section. The department may adopt
rules to administer this section.
(2) If a person is qualified to register pursuant to this
section, the voter registration official shall note in that
person's registration record that the person needs
assistance in voting.
(3) The precinct register generated by the super-
visor shall contain a notation that such person is eligible
for assistance in voting and the supervisor may make a
notation on the voter information card that such person
is eligible for assistance in voting. Such person shall be
entitled to receive the assistance of two election officials
or some other person of his or her own choice, other
than the person's employer, the agent of the person's
employer, or an officer or agent of the person s union,
without the necessity of executing the "Declaration to
Secure Assistance' prescribed in s. 101.051. Such
person shall notify the supervisor of any change in his or
her condition which makes it unnecessary for him or her
to receive assistance in voting.
History. -s.14, ch. 6469,1913; RGS 318 CGL 375; s. 3, ch. 25388,1949; s. 6,
ch. 25391, 1949; s. 1, ch.26870,1951; s. 3, ch. 28156, 1953; s. 1, ch. 59-446; s. 1,
ch. 61-358; s. 4, ch. 65-60; s. 3, ch. 77-175; s. 1, ch. 79-366; s. 2, ch. 81-304; s. 1,
ch. 84-302; s. 15, ch. 94-224; s. 1384, ch. 95-147; s. 11, ch. 2005-278.
Note. -Former ss. 97.06 and 102.21.
97.071 Voter information
(1) A voter information card
supervisor to all registered
supervisor's county. The card
(a) Voter's registration num
(b) Date of registration.
(c) Full name
(d) Party affiliation.
card
shall be furnished by the
voters residing in the
must contain:
ber.
13
(e) Date of birth.
(9 Address of legal residence.
(g) Precinct number.
(h) Name of supervisor and contact information of
supervisor.
(i) Other information deemed necessary by the
supervisor.
(2) A voter may receive a replacement voter infor-
mation card by providing a signed written request for a
replacement card to a voter registration official. Upon
verification of registration, the supervisor shall issue the
voter a duplicate card without charge.
(3) In the case of a change of name, address, or
party affiliation, the supervisor shall issue the voter a
new voter information card.
History -s. 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 191, 192;
RGS 235, 236; CGL 288, 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035,1949; s. 1, ch.
26870,1951; s. 10, ch. 27991,1953; s. 6, ch. 65-60; s. 8, ch. 69-377; ss 10, 35, ch.
69-106; s. 18, ch. 94-224; s. 28, ch. 97-13; s. 7, ch. 98-129; s. 2, ch. 2000-250; s. 4,
ch. 2002-189; s. 8, ch. 2005-277; s. 12, ch. 2005-278; s. 4, ch. 2005-286.
Note. Former ss. 98.31 and 98.32.
97.073 Disposition of voter registration applica-
tions; cancellation notice. -
(1) The supervisor must notify each applicant of the
disposition of the applicant s voter registration applica-
tion. The notice must inform the applicant that the
application has been approved, is incomplete has been
denied, or is a duplicate of a current registration. A voter
information card sent to an applicant constitutes notice
of approval of registration. If the application is incom-
plete, the supervisor must request that the applicant
supply the missing information using a voter registration
application signed by the applicant A notice of denial
must inform the applicant of the reason the application
was denied.
(2) Within 2 weeks after approval of a voter regis
tration application that indicates that the applicant was
previously registered in another state, the department
must notify the registration official in the prior state that
the applicant is now registered in this state.
History -s. 19, ch. 94-224; s. 62, ch. 2001-40 s. 13, ch. 2005-278.
97.1031 Notice of change of residence, change
of name or change of party affiliation. -
(1) When an elector moves from the address named
on that person's voter registration record to another
address within the same county, the elector must
provide notification of such move to the supervisor of
elections of that county. The elector may provide the
supervisor a signed, written notice or may notify the
supervisor by telephone or electronic means However,
notification of such move other than by signed, written
notice must include the elector's date of birth. An elector
may also provide notification to other voter registration
officials as provided in subsection (2). A voter informa-
tion card reflecting the new information shall be issued
to the elector as provided in subsection (3)
(2) When an elector moves from the address named
on that person s voter registration record to another
address in a different county but within the state, the
elector seeks to change party affiliation, or the name of
an elector is changed by marriage or other legal
process, the elector shall provide notice of such change
to a voter registration official using a voter registration
Ch. 97
QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2010
application signed by the elector. A voter information
card reflecting the new information shall be issued to the
elector as provided in subsection (3)
(3) The voter registration official shall make the
necessary changes in the elector's records as soon
as practical upon receipt of such notice of a change of
address of legal residence, name, or party affiliation
The supervisor of elections shall issue the new voter
information card
History—s. 7, ch. 78-403; s. 5, ch. 80-292; s. 21, ch. 94-224; s. 29, ch. 97-13; s.
31, ch. 99-2; s. 3, ch. 2000-250; s. 5, ch. 2002-189; s. 14, ch. 2005-278; s. 5, ch.
2005-286.
14
97.105 Permanent single registration system
established.—A permanent single registration system
for the registration of electors to qualify them to vote in
all elections is provided for the several counties and
municipalities. This system shall be put into use by all
municipalities and shall be hi lieu of any other system of
municipal registration Electors shall be registered
pursuant to this system by a voter registration official,
and electors registered shall not thereafter be required
to register or reregister except as provided by law.
History—s. 1, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 59-237; s. 2, ch.
69-377; s. 1, ch. 73-155; s. 32, ch 73-333; s. 5, ch. 77-175; s. 23, ch. 94-224; s. 15,
ch. 2005-278.
Note.—Former s. 97.01; s. 98.041.
F.S. 2010
98.015
98.035
98.045
98.065
98.0655
98.075
98.0755
98.077
98.081
98.093
98.0981
98.212
98.255
98.461
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES
CHAPTER 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES
S upervisor of elections; election, tenure of
office, compensation, custody of registra-
tion related documents, office hours, suc-
cessor, seal; appointment of deputy
supervisors; duties.
Statewide voter registration system, imple-
mentation, operation, and maintenance.
Administration of voter registration.
Registration list maintenance programs
Registration list maintenance forms.
Registration records maintenance activities;
ineligibility determinations.
Appeal of determination of ineligibility.
U pdate of voter signature.
N ames removed from the statewide voter
registration system, restrictions on rere-
gistering; recordkeeping; restoration of
erroneously or illegally removed names.
Duty of officials to furnish lists of deceased
persons, persons adjudicated mentally
incapacitated, and persons convicted of
a felony.
Reports; voting history; statewide voter re-
gistration system information; precinct -
level election results; book closing statis-
tics.
Department and supervisors to furnish sta-
tistical and other information.
Voter education programs.
Registration application, precinct register;
contents.
98 015 Supervisor of elections; election, tenure
of office, compensation, custody of registration -
related documents, office hours, successor, seal;
appointment of deputy supervisors; duties.—
(1) A supervisor of elections shall be elected in each
county at the general election in each year the number
of which is a multiple of four for a 4 -year term
commencing on the first Tuesday after the first Monday
in January succeeding his or her election. Each super-
visor shall, before performing any of his or her duties,
take the oath prescribed in s. 5, Art. II of the State
Constitution.
(2) The supervisor's compensation shall be paid by
the board of county commissioners.
(3) The supervisor shall update voter registration
information, enter new voter registrations into the
statewide voter registration system, and act as the
official custodian of documents received by the super-
visor related to the registration of electors and changes
in voter registration status of electors of the supervisor's
county.
(4) At a minimum, the office of the supervisor must
be open Monday through Friday, excluding legal holi-
days, for a period of not less than 8 hours per day,
beginning no later than 9 a m
(5) The supervisor shall preserve statements and
other information required to be filed with the
15
Ch. 98
supervisor's office pursuant to chapter 106 for a period
of 10 years from date of receipt
(6) The supervisor shall, upon leaving office, deliver
to his or her successor immediately all records belong-
ing to the office.
(7) Each supervisor is authorized to obtain for the
office an impression seal approved by the department.
An impression of the seal with a description thereof shall
be filed with the department The supervisor is empow-
ered to attach an impression of the seal upon official
documents and certificates executed over the super-
visor's signature and take oaths and acknowledgments
under the supervisor's seal in matters pertaining to the
office. However, said seal need not be affixed to
registration certificates.
(8) Each supervisor may select and appoint, subject
to removal by the supervisor, as many deputy super-
visors as are necessary, whose compensation must be
paid by the supervisor and who shall have the same
powers and whose acts shall have the same effect as
the acts of the supervisor; except that the supervisor
shall limit the power to appoint deputy supervisors to
designated deputy supervisors. Each deputy supervisor
shall, before entering office, take an oath in writing that
he or she will faithfully perform the duties of the deputy
supervisor's office which oath must be acknowledged
by the supervisor or a designated deputy supervisor and
must be filed in the office of the supervisor.
(9) Each supervisor must make training in the proper
implementation of voter registration procedures avail-
able to any individual, group, center for independent
living or public library in the supervisor's county.
(10) Each supervisor shall ensure that all voter
registration and list maintenance procedures conducted
by such supervisor are in compliance with any applic-
able requirements prescribed by rule of the department
through the statewide voter registration system or
prescribed by the Voting Rights Act of 1965, the
National Voter Registration Act of 1993, or the Help
America Vote Act of 2002.
(11) Each supervisor shall ensure that any voter
registration system used by the supervisor for admin-
istenng his or her duties as a voter registration official
complies with the specifications and procedures estab-
lished by rule of the department and the statewide voter
registration system.
(12) Each supervisor shall maintain a list of valid
residential street addresses for purposes of verifying the
legal addresses of voters residing in the supervisor's
county. The supervisor shall make all reasonable efforts
to coordinate with county 911 service providers, prop-
erty appraisers, the United States Postal Service, or
other agencies as necessary to ensure the continued
accuracy of such list The supervisor shall provide the
list of valid residential addresses to the statewide voter
registration system in the manner and frequency
specified by rule of the department.
History.—chs. 3700, 3704 1887; s. 8, ch. 3879, 1889; RS 162; s. 9, ch. 4328,
1895; GS 179,180; s. 1, ch. 5614, 1907; s.1, ch. 9271, 1923; RGS 223, 224; CGL
258, 259; ss. 1, 2, ch. 22759, 1945; s. 2, ch. 26870,1951; s. 10, ch. 65-134; ss. 10,
Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES
11, 35, ch. 69-106; s. 33, ch. 69-216; s. 5, ch. 77-175; s. 25, ch. 94-224; s. 1385, ch.
95-147; s. 17, ch. 98-34; s. 2, ch. 98-129; s. 16, ch. 2005-278.
Note.—Former ss. 98.13, 98.14, 98.17; s. 98.161.
98.035 Statewide voter registration system; im-
plementation, operation, and maintenance
(1) The Secretary of State, as chief election officer of
the state, shall be responsible for implementing oper-
ating and maintaining in a uniform and nondiscrimina-
tory manner, a single, uniform, official, centralized,
interactive, computerized statewide voter registration
system as required by the Help America Vote Act of
2002. The department may adopt rules to administer
this section.
(2) The statewide voter registration system must
contain the name and registration information of every
legally registered voter in the state. All voters shall be
assigned a unique identifier. The system shall be the
official list of registered voters in the state and shall
provide secured access by authorized voter registration
officials. The system shall enable voter registration
officials to provide, access and update voter registra-
tion information.
(3) The department may not contract with any other
entity for the operation of the statewide voter registra-
tion system.
(4) The implementation of the statewide voter regis-
tration system shall not prevent any supervisor of
elections from acquiring, maintaining, or using any
hardware or software necessary or desirable to carry
out the supervisor's responsibilities related to the use of
voter registration information or the conduct of elec-
tions provided that such hardware or software does not
conflict with the operation of the statewide voter
registration system.
(5) The department may adopt rules governing the
access, use, and operation of the statewide voter
registration system to ensure security, uniformity, and
integrity of the system.
History.—s 17, ch. 2005-278.
98.045 Administration of voter registration.
(1) ELIGIBILITY OF APPLICANT.—The supervisor
must ensure that any eligible applicant for voter
registration is registered to vote and that each applica-
tion for voter registration is processed in accordance
with law. The supervisor shall determine whether a voter
registration applicant is ineligible based on any of the
following:
(a) The failure to complete a voter registration
application as specified in s. 97.053.
(b) The applicant is deceased,
(c) The applicant has been convicted of a felony for
which his or her civil rights have not been restored.
(d) The applicant has been adjudicated mentally
incapacitated with respect to the right to vote and such
right has not been restored.
(e) The applicant does not meet the age require-
ment pursuant to s. 97.041.
(f) The applicant is not a United States citizen.
(g) The applicant is a fictitious person.
(h) The applicant has provided an address of legal
residence that is not his or her legal residence.
16
F.S. 2010
(1) The applicant has provided a driver's license
number, Florida identification card number, or the last
four digits of a social security number that is not
verifiable by the department.
(2) REMOVAL OF REGISTERED VOTERS
(a) Once a voter is registered, the name of that voter
may not be removed from the statewide voter registra-
tion system except at the written request of the voter by
reason of the voter's conviction of a felony or adjudica-
tion as mentally incapacitated with respect to voting, by
death of the voter, or pursuant to a registration list
maintenance activity conducted pursuant to s. 98.065 or
s. 98 075.
(b) Information received by a voter registration
official from an election official in another state indicat-
ing that a registered voter in this state has registered to
vote in that other state shall be considered as a written
request from the voter to have the voter's name
removed from the statewide voter registration system.
(3) PUBLIC RECORDS ACCESS AND RETEN-
TION,—Each supervisor shall maintain for at least 2
years, and make available for public inspection and
copying, all records concerning implementation of
registration list maintenance programs and activities
conducted pursuant to ss. 98.065 and 98.075. The
records must include lists of the name and address of
each person to whom a notice was sent and information
as to whether each such person responded to the
mailing, but may not include any information that is
confidential or exempt from public records requirements
under this code.
(4) STATEWIDE ELECTRONIC DATABASE OF
VALID RESIDENTIAL STREET ADDRESSES.—
(a) The department shall compile and maintain a
statewide electronic database of valid residential street
addresses from the information provided by the super-
visors of elections pursuant to s. 98.015 The depart-
ment shall evaluate the information provided by the
supervisors of elections to identify any duplicate ad-
dresses and any address that may overlap county
boundaries.
(b) The department shall make the statewide data-
base of valid street addresses available to the Depart-
ment of Highway Safety and Motor Vehicles as provided
in s. 97 057(10). The Department of Highway Safety
and Motor Vehicles shall use the database for purposes
of validating the legal residential addresses provided in
voter registration applications received by the Depart-
ment of Highway Safety and Motor Vehicles.
(5) FORMS.—The department may prescribe by
rule forms necessary to conduct maintenance of
records in the statewide voter registration system.
History.—s. 26, ch 94-224; s. 36, ch. 97-13; s. 2 ch. 2002-17; s. 7, ch.
2003-415; s. 9, ch. 2005-277; s. 18, ch. 2005-278
98.065 Registration list maintenance programs.
(1) The supervisor must conduct a general registra-
tion list maintenance program to protect the integrity of
the electoral process by ensuring the maintenance of
accurate and current voter registration records in the
statewide voter registration system. The program must
be uniform, nondiscriminatory and in compliance with
the Voting Rights Act of 1965, the National Voter
Registration Act of 1993, and the Help America Vote
F.S. 2010
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98,
Act of 2002. As used in this subsection, the term
"nondiscriminatory" applies to and includes persons
with disabilities.
(2) A supervisor must incorporate one or more of the
following procedures in the supervisor's biennial regis
tration list maintenance program under which:
(a) Change -of -address information supplied by the
United States Postal Service through its licensees is
used to identify registered voters whose addresses
might have changed
(b) Change -of -address information is identified from
returned nonforwardable return -if -undeliverable mail
sent to all registered voters in the county; or
(c) Change -of -address information is identified from
returned nonforwardable return -if -undeliverable ad-
dress confirmation requests mailed to all registered
voters who have not voted in the last 2 years and who
did not make a written request that their registration
records be updated during that time.
(3) A registration list maintenance program must be
conducted by each supervisor, at a minimum, in each
odd -numbered year and must be completed not later
than 90 days prior to the date of any federal election. All
list maintenance actions associated with each voter
must be entered, tracked, and maintained in the state-
wide voter registration system.
(4)(a) If the supervisor receives change -of -address
information pursuant to the activities conducted in
subsection (2) from jury notices signed by the voter
and returned to the courts, from the Department of
Highway Safety and Motor Vehicles, or from other
sources which indicates that a registered voter's legal
residence might have changed to another location
within the state, the supervisor must change the
registration records to reflect the new address and
must send the voter an address change notice as
provided in s 98.0655(2).
(b) If the supervisor of elections receives change -of -
address information pursuant to the activities conducted
in subsection (2), from jury notices signed by the voter
and returned to the courts, or from other sources which
indicates that a registered voter's legal residence might
have changed to a location outside the state, the
supervisor of elections shall send an address confirma-
tion final notice to the voter as provided in s. 98.0655(3)
(c) The supervisor must designate as inactive all
voters who have been sent an address confirmation
final notice and who have not returned the postage
prepaid, preaddressed return form within 30 days or for
which the final notice has been returned as undeliver-
able Names on the inactive list may not be used to
calculate the number of signatures needed on any
petition. A voter on the inactive list may be restored to
the active list of voters upon the voter updating his or her
registration, requesting an absentee ballot, or appearing
to vote. However, if the voter does not update his or her
voter registration information, request an absentee
ballot, or vote by the second general election after
being placed ori the inactive list, the voter's name shall
be removed from the statewide voter registration
system and the voter shall be required to reregister to
have his or her name restored to the statewide voter
registration system.
17
(5) A notice may not be issued pursuant to this
section and a voter's name may not be removed from
the statewide voter registration system later than 90
days prior to the date of a federal election. However, this
section does not preclude the removal of the name of a
voter from the statewide voter registration system at any
time upon the voter's written request by reason of the
voter's death, or upon a determination of the voter's
ineligibility as provided in s 98.075(7).
(6)(a) No later than July 31 and January 31 of each
year the supervisor must certify to the department the
list maintenance activities conducted during the first 6
months and the second 6 months of the year, respec-
tively, including the number of address confirmation
requests sent, the number of voters designated as
inactive, and the number of voters removed from the
statewide voter registration system.
(b) If, based on the certification provided pursuant to
paragraph (a), the department determines that a super-
visor has not conducted the list maintenance activities
required by this section the department shall conduct
the appropriate list maintenance activities for that
county. Failure to conduct list maintenance activities
as required in this section constitutes a violation of s.
104.051.
History—s. 28, ch. 94-224; s. 6, ch. 2002-281; s. 19, ch. 2005-278; s. 6, ch.
2008-95.
98.0655 Registration list maintenance forms.—
The department shall prescribe registration list main-
tenance forms to be used by the supervisors which must
include:
(1) An address confirmation request that must
contain.
(a) The voter's name and address of legal residence
as shown on the voter registration record; and
(b) A request that the voter notify the supervisor if
either the voter's name or address of legal residence is
incorrect.
(2) An address change notice that must be sent to
the newly recorded address of legal residence by
forwardable mail, including a postage prepaid, pread-
dressed return form with which the voter may verify or
correct the voter's new address information.
(3) An address confirmation final notice that must be
sent to the newly recorded address of legal residence by
forwardable mail and must contain a postage prepaid,
preaddressed return form and a statement that:
(a) if the voter has not changed his or her legal
residence or has changed his or her legal residence
within the state, the voter should return the form within
30 days after the date on which the notice was sent to
the voter.
(b) If the voter has changed his or her legal
residence to a location outside the state:
1. The voter shall return the form, which serves as a
request to be removed from the registration books; and
2. The voter shall be provided with information on
how to register in the new jurisdiction in order to be
eligible to vote.
(c) If the return form is not returned the voter's
name shall be designated as inactive in the statewide
voter registration system.
History.—s. 7, ch. 2008-95.
Ch. 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2010
98.075 Registration records maintenance activ-
ities; ineligibility determinations.—
(1) MAINTENANCE OF RECORDS.—The depart-
ment shall protect the integrity of the electoral process
by ensuring the maintenance of accurate and current
voter registration records. List maintenance activities
must be uniform, nondiscriminatory, and in compliance
with the Voting Rights Act of 1965, the National Voter
Registration Act of 1993, and the Help America Vote Act
of 2002. The department may adopt by rule uniform
standards and procedures to interpret and administer
this section.
(2) DUPLICATE REGISTRATION.—The depart-
ment shall identify those voters who are registered
more than once or those applicants whose registration
applications would result in duplicate registrations. The
most recent application shall be deemed an update to
the voter registration record.
(3) DECEASED PERSONS.—The department shall
identify those registered voters who are deceased by
comparing information on the lists of deceased persons
received from the Department of Health as provided in
s 98.093 Upon receipt of such information through the
statewide voter registration system the supervisor shall
remove the name of the registered voter.
(4) ADJUDICATION OF MENTAL INCAPACITY.
The department shall identify those registered voters
who have been adjudicated mentally incapacitated with
respect to voting and who have not had their voting
rights restored by comparing information received from
the clerk of the circuit court as provided in s. 98.093. The
department shall review such information and make an
initial determination as to whether the information is
credible and reliable. If the department determines that
the information is credible and reliable, the department
shall notify the supervisor and provide a copy of the
supporting documentation indicating the potential in-
eligibility of the voter to be registered. Upon receipt of
the notice that the department has made a determina-
tion of initial credibility and reliability, the supervisor
shall adhere to the procedures set forth in subsection (7)
prior to the removal of a registered voter from the
statewide voter registration system.
(5) FELONY CONVICTION.—The department shall
identify those registered voters who have been con-
victed of a felony and whose rights have not been
restored by comparing information received from, but
not limited to, a clerk of the circuit court, the Board of
Executive Clemency, the Department of Corrections,
the Department of Law Enforcement, or a United States
Attorney's Office, as provided in s. 98.093. The depart-
ment shall review such information and make an initial
determination as to whether the information is credible
and reliable. If the department determines that the
information is credible and reliable the department shall
notify the supervisor and provide a copy of the
supporting documentation indicating the potential in-
eligibility of the voter to be registered. Upon receipt of
the notice that the department has made a determina-
tion of initial credibility and reliability, the supervisor
shall adhere to the procedures set forth in subsection (7)
prior to the removal of a registered voter's name from
the statewide voter registration system.
18
(6) OTHER BASES FOR INELIGIBILITY. —If the
department or supervisor receives information other
than from the sources identified in subsections (2)-(5)
that a registered voter does not meet the age require-
ment pursuant to s. 97.041, is not a United States
citizen, is a fictitious person, or has listed a residence
that is not his or her legal residence, the supervisor shall
adhere to the procedures set forth in subsection (7) prior
to the removal of a registered voter's name from the
statewide voter registration system.
(7) PROCEDURES FOR REMOVAL.—
(a) If the supervisor receives notice or information
pursuant to subsections (4)-(6), the supervisor of the
county in which the voter is registered shall:
1. Notify the registered voter of his or her potential
ineligibility by mail within 7 days after receipt of notice or
information. The notice shall include:
a A statement of the basis for the registered voter's
potential ineligibility and a copy of any documentation
upon which the potential ineligibility is based.
b. A statement that failure to respond within 30
days after receipt of the notice may result in a
determination of ineligibility and in removal of the
registered voter's name from the statewide voter
registration system.
c. A return form that requires the registered voter to
admit or deny the accuracy of the information underlying
the potential ineligibility for purposes of a final determi
nation by the supervisor.
d. A statement that, if the voter is denying the
accuracy of the information underlying the potential
ineligibility, the voter has a right to request a hearing for
the purpose of determining eligibility.
e. Instructions for the registered voter to contact the
supervisor of elections of the county in which the voter is
registered if assistance is needed in resolving the
matter.
f Instructions for seeking restoration of civil rights
following a felony conviction, if applicable.
2. If the mailed notice is returned as undeliverable,
the supervisor shall publish notice once in a newspaper
of general circulation in the county in which the voter
was last registered. The notice shall contain the
following
a. The voter's name and address
b. A statement that the voter is potentially ineligible
to be registered to vote.
c. A statement that failure to respond within 30
days after the notice is published may result in a
determination of ineligibility by the supervisor and
removal of the registered voter's name from the state-
wide voter registration system.
d. An instruction for the voter to contact the super-
visor no later than 30 days after the date of the
published notice to receive information regarding the
basis for the potential ineligibility and the procedure to
resolve the matter.
e. An instruction to the voter that, if further assis-
tance is needed the voter should contact the supervisor
of elections of the county in which the voter is
registered.
3. If a registered voter fails to respond to a notice
pursuant to subparagraph 1. or subparagraph 2., the
F.S. 2010
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
supervisor shall make a final determination of the voter's
eligibility. If the supervisor determines that the voter is
ineligible the supervisor shall remove the name of the
registered voter from the statewide voter registration
system. The supervisor shall notify the registered voter
of the supervisor's determination and action.
4. If a registered voter responds to the notice
pursuant to subparagraph 1. or subparagraph 2 and
admits the accuracy of the information underlying the
potential ineligibility, the supervisor shall make a final
determination of ineligibility and shall remove the voter's
name from the statewide voter registration system. The
supervisor shall notify the registered voter of the
supervisor's determination and action.
5. If a registered voter responds to the notice
issued pursuant to subparagraph 1. or subparagraph
2 and denies the accuracy of the information underlying
the potential ineligibility but does not request a hearing
the supervisor shall review the evidence and make a
final determination of eligibility. If such registered voter
requests a hearing, the supervisor shall send notice to
the registered voter to attend a hearing at a time and
place specified in the notice. Upon hearing all evidence
presented at the hearing, the supervisor shall make a
determination of eligibility. If the supervisor determines
that the registered voter is ineligible, the supervisor shall
remove the voter's name from the statewide voter
registration system and notify the registered voter of
the supervisor's determination and action.
(b) The following shall apply to this subsection:
1. All determinations of eligibility shall be based on
a preponderance of the evidence.
2. All proceedings are exempt from the provisions
of chapter 120.
3. Any notice shall be sent to the registered voter by
certified mail, return receipt requested, or other means
that provides a verification of receipt or shall be
published in a newspaper of general circulation where
the voter was last registered, whichever is applicable.
4. The supervisor shall remove the name of any
registered voter from the statewide voter registration
system only after the supervisor makes a final determi
nation that the voter is ineligible to vote.
5. Any voter whose name has been removed from
the statewide voter registration system pursuant to a
determination of ineligibility may appeal that determina-
tion under the provisions of s. 98.0755.
6. Any voter whose name was removed from the
statewide voter registration system on the basis of a
determination of ineligibility who subsequently becomes
eligible to vote must reregister in order to have his or her
name restored to the statewide voter registration
system.
(8) CERTIFICATION.—
(a) No later than July 31 and January 31 of each
year the supervisor shall certify to the department the
activities conducted pursuant to this section during the
first 6 months and the second 6 months of the year,
respectively. The certification shall include the number
of persons to whom notices were sent pursuant to
subsection (7), the number of persons who responded
to the notices the number of notices returned as
undeliverable, the number of notices published in the
19
newspaper, the number of hearings conducted, and the
number of persons removed from the statewide voter
registration systems and the reasons for such removals.
(b) If, based on the certification provided pursuant to
paragraph (a), the department determines that a super-
visor has not satisfied the requirements of this section,
the department shall satisfy the appropriate require-
ments for that county. Failure to satisfy the require-
ments of this section shall constitute a violation of s.
104.051
History—s. 29, ch. 94-224; s. 1386, ch. 95-147; s. 20, ch. 2005-278.
98.0755 Appeal of determination of ineligibility.
Appeal of the supervisor's determination of ineligibility
pursuant to s. 98.075(7) may be taken to the circuit court
in and for the county where the person was registered
Notice of appeal must be filed within the time and in the
manner provided by the Florida Rules of Appellate
Procedure and acts as supersedeas. Trial in the circuit
court is de novo and governed by the rules of that court
Unless the person can show that his or her name was
erroneously or illegally removed from the statewide
voter registration system, or that he or she is indigent,
the person must bear the costs of the trial in the circuit
court. Otherwise, the cost of the appeal must be paid by
the supervisor of elections.
History.—s. 21, ch. 2005-278.
98.077 Update of voter signature.
(1) A registered voter may update his or her
signature on file in the statewide voter registration
system at any time using a voter registration application
submitted to a voter registration official.
(2) The department and supervisors of elections
shall include in any correspondence, other than post-
card notifications and notices relating to eligibility, sent
to a -registered voter information regarding when, where,
and how to update the voter's signature and shall
provide the voter information on how to obtain a voter
registration application from a voter registration official
which can be returned to update the signature.
(3) At least once during each general election year,
the supervisor shall publish in a newspaper of general
circulation or other newspaper in the county deemed
appropriate by the supervisor a notice specifying when
where, or how a voter can update his or her signature
that is on file and how a voter can obtain a voter
registration application from a voter registration official
(4) All signature updates for use in verifying absen-
tee and provisional ballots must be received by the
appropriate supervisor of elections no later than the
start of the canvassing of absentee ballots by the
canvassing board. The signature on file at the start of
the canvass of the absentee ballots is the signature that
shall be used in verifying the signature on the absentee
and provisional ballot certificates.
History.—s. 8, ch. 2002 189; s. 10, ch. 2005-277; s. 22, ch. 2005-278; s. 8, ch.
2006-1
98.081 Names removed from the statewide voter
registration system; restrictions on reregistering;
recordkeeping; restoration of erroneously or illeg-
ally removed names.—
Ch. 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2010
(1) When the name of any elector is removed from
the statewide voter registration system pursuant to s.
98 065 or s. 98.075, the elector's original registration
application shall be retained by the supervisor of
elections having custody of the application. As alter-
natives, registrations removed from the statewide voter
registration system may be microfilmed and such
microfilms substituted for the original registration appli-
cations; or when voter registration information, includ-
ing the voter's signature, is maintained digitally or on
electronic, magnetic, or optic media, such stored
information may be substituted for the original registra-
tion application. Such microfilms or stored information
shall be retained by the supervisor of elections having
custody. In the event the original registration applica-
tions are microfilmed or maintained digitally or on
electronic or other media, such originals may be
destroyed in accordance with the schedule approved
by the Bureau of Archives and Records Management of
the Division of Library and Information Services of the
department.
(2) When the name of any elector has been erro
neously or illegally removed from the statewide voter
registration system, the name of the elector shall be
restored by a voter registration official upon satisfactory
proof, even though the registration period for that
election is closed.
History. -s. 8, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 61-86; s. 5, ch.
77-175; s. 1, ch. 78-102; s. 14, ch. 79-365; s. 8, ch. 80-292; s. 45, ch. 81-259; s.18,
ch. 81-304; s. 7, ch. 82-143; s. 3, ch. 90-315; s. 30, ch. 94-224; s. 1387, ch. 95-147;
s. 23, ch. 2005-278; s. 6, ch. 2005-286.
Note. -Former s. 97.08.
98.093 Duty of officials to furnish lists of de-
ceased persons, persons adjudicated mentally in-
capacitated and persons convicted of a felony. -
(1) In order to ensure the maintenance of accurate
and current voter registration records, it is necessary for
the department to receive certain information from state
and federal officials and entities. The department and
supervisors of elections shall use the information
provided from the sources in subsection (2) to maintain
the voter registration records.
(2) To the maximum extent feasible, state and local
government agencies shall facilitate provision of infor-
mation and access to data to the department including,
but not limited to, databases that contain reliable
criminal records and records of deceased persons.
State and local government agencies that provide such
data shall do so without charge if the direct cost incurred
by those agencies is not significant.
(a) The Department of Health shall furnish monthly
to the department a list containing the name address,
date of birth, date of death, social security number, race,
and sex of each deceased person 17 years of age or
older.
(b) Each clerk of the circuit court shall furnish
monthly to the department a list of those persons who
have been adjudicated mentally incapacitated with
respect to voting during the preceding calendar
month, a list of those persons whose mental capacity
with respect to voting has been restored during the
preceding calendar month, and a list of those persons
who have returned signed jury notices during the
preceding months to the clerk of the circuit court
20
indicating a change of address. Each list shall include
the name, address, date of birth, race, sex, and,
whichever is available, the Florida driver's license
number, Florida identification card number, or social
security number of each such person.
(c) Upon receipt of information from the United
States Attorney, listing persons convicted of a felony
in federal court, the department shall use such informa-
tion to identify registered voters or applicants for voter
registration who may be potentially ineligible based on
information provided in accordance with s. 98.075.
(d) The Department of Law Enforcement shall
identify those persons who have been convicted of a
felony who appear in the voter registration records
supplied by the statewide voter registration system, in a
time and manner that enables the department to meet
its obligations under state and federal law.
(e) The Board of Executive Clemency shall furnish
monthly to the department a list of those persons
granted clemency in the preceding month or any
updates to prior records which have occurred in the
preceding month. The list shall contain the Board of
Executive Clemency case number, name, address date
of birth, race, sex, social security number if available,
and references to record identifiers assigned by the
Department of Corrections, a unique identifier of each
clemency case, and the effective date of clemency of
each person.
(f) The Department of Corrections shall furnish
monthly to the department a list of those persons
transferred to the Department of Corrections in the
preceding month or any updates to prior records which
have occurred in the preceding month. The list shall
contain the name address, date of birth race, sex
social security number, Department of Corrections
record identification number, and associated Depart-
ment of Law Enforcement felony conviction record
number of each person.
(g) The Department of Highway Safety and Motor
Vehicles shall furnish monthly to the department a list of
those persons whose names have been removed from
the driver's license database because they have been
licensed in another state. The list shall contain the
name, address, date of birth, sex, social security
number, and driver's license number of each such
person.
(3) Nothing in this section shall limit or restrict the
supervisor in his or her duty to remove the names of
persons from the statewide voter registration system
pursuant to s 98 075(7) based upon information
received from other sources.
History. -s. 3, ch. 14730, 1931; CGL 1936 Supp. 302(1); s. 10, ch. 24203, 1947;
s. 11, ch. 25035, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 29917; s. 9, ch. 29934, 1955;
s. 33, ch. 73-333; s. 27, ch. 77-147; s. 5, ch. 77-175; s. 32, ch. 94-224; s. 1388, ch.
95-147; s. 7, ch. 99-8; s. 24, ch. 2005-278.
Note. -Former s. 98.41; s. 98.301.
98.0981 Reports; voting history; statewide voter
registration system information; precinct -level
election results; book closing statistics
(1) VOTING HISTORY AND STATEWIDE VOTER
REGISTRATION SYSTEM INFORMATION. -
(a) Within 45 days after a general election, super-
visors of elections shall transmit to the department, in a
uniform electronic format specified by the department,
F.S. 2010
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98,
completely updated voting history information for each
qualified voter who voted.
(b) After receipt of the information in paragraph (a),
the department shall prepare a report in electronic
format which contains the following information, sepa-
rately compiled for the primary and general election for
all voters qualified to vote in either election:
1. The unique identifier assigned to each qualified
voter within the statewide voter registration system
2 All information provided by each qualified voter
on his or her voter registration application pursuant to s
97.052(2), except that which is confidential or exempt
from public records requirements;
3. Each qualified voter's date of registration;
4. Each qualified voter's current state representa-
tive district state senatorial district, and congressional
district, assigned by the supervisor of elections;
5. Each qualified voter's current precinct; and
6. Voting history as transmitted under paragraph
(a) to include whether the qualified voter voted at a
precinct location voted during the early voting period,
voted by absentee ballot, attempted to vote by absentee
ballot that was not counted, attempted to vote by
provisional ballot that was not counted, or did not vote.
(c) Within 60 days after a general election, the
department shall send to the President of the Senate,
the Speaker of the House of Representatives, the
Senate Minority Leader and the House Minority Leader
a report in electronic format that includes all information
set forth in paragraph (b)
(2) PRECINCT -LEVEL ELECTION RESULTS.—
Within 45 days after the date of a presidential pre-
ference primary election, a special election, or a general
election the supervisors of elections shall collect and
submit to the department precinct -level election results
for the election in a uniform electronic format specified
by the department. The precinct -level election results
shall be compiled separately for the primary or special
primary election that preceded the general or special
general election, respectively. The results shall speci-
fically include for each precinct the aggregate total of all
ballots cast for each candidate or nominee to fill a
national, state, county, or district office or proposed
constitutional amendment. All ballots cast' means
ballots cast by voters who cast a ballot whether at a
precinct location, by absentee ballot including overseas
absentee ballots, during the early voting period, or by
provisional ballot
(3) PRECINCT -LEVEL BOOK CLOSING STATIS-
TICS.—After the date of book closing but before the
date of an election as defined in s. 97.021 to fill a
national, state county, or district office or to vote on a
proposed constitutional amendment, the department
shall compile the following precinct -level statistical data
for each county:
(a) Precinct numbers.
(b) Total number of active registered voters by party
for each precinct
(4) REPORTS PUBLICLY AVAILABLE.—The de-
partment shall also make publicly available the reports
and results required in subsections (1)-(3).
21
(5) RULEMAKING.—The department shall adopt
rules and prescribe forms to carry out the purposes of
this section.
History.—s. 25, ch. 2005-278; s. 8, ch. 2008-95; s. 3, ch. 2010-167.
98.212 Department and supervisors to furnish
statistical and other information.—
(1)(a) Upon written request, the department and any
supervisor of the respective counties shall, as promptly
as possible furnish to recognized public or private
universities and senior colleges within the state, to state
or county governmental agencies, and to recognized
political party committees statistical information for the
purpose of analyzing election returns and results.
(b) The department and any supervisor may require
reimbursement for any part or all of the actual expenses
of supplying any information requested under para-
graph (a). For the purposes of this subsection, the
department and supervisors may use the services of
any research and statistical personnel that may be
supplied.
(c) Lists of names submitted to the department and
any supervisor of the respective counties for indication
of registration or nonregistration or of party affiliation
shall be processed at any time at cost, except that in no
case shall the charge exceed 10 cents for each name on
which the information is furnished.
(2) The supervisors shall provide information as
requested by the department for program evaluation
and reporting to the Election Assistance Commission
pursuant to federal law
History.—s. 2, ch. 57-810• s. 5, ch. 77-175; s. 26, ch. 79-400; s. 34, ch. 94-224;
s. 40, ch. 97-13; s. 11, ch. 2003-415; s. 26, ch. 2005-278.
98.255 Voter education programs.—
(1) The Department of State shall adopt rules
prescribing minimum standards for nonpartisan voter
education The standards shall at a minimum, address:
(a) Voter registration;
(b) Balloting procedures, absentee and polling
place;
(c) Voter rights and responsibilities;
(d) Distribution of sample ballots; and
(e) Public service announcements.
(2) Each county supervisor shall implement the
minimum voter education standards, and shall conduct
additional nonpartisan education efforts as necessary to
ensure that voters have a working knowledge of the
voting process.
(3) By December 15 of each general election year,
each supervisor of elections shall report to the Depart-
ment of State a detailed description of the voter
education programs implemented and any other infor-
mation that may be useful in evaluating the effective-
ness of voter education efforts.
The department shall reexamine the rules adopted
pursuant to subsection (1) and use the findings in these
reports as a basis for modifying the rules to incorporate
successful voter education programs and techniques,
as necessary.
History.—s. 9, ch. 80-292; s. 1, ch. 83-16; s. 530, ch. 95-147; s. 59, ch. 2001-40;
s. 35, ch. 2010-102.
Ch. 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2010
98.461 Registration application, precinct regis-
ter; contents.—
(1) A registration application, approved by the
Department of State containing the information re-
quired in s. 97.052 shall be retained by the supervisor of
elections of the county of the applicant's registration
However, the registration application may be micro-
filmed and such microfilm substituted for the original
registration application; or, when voter registration
information, including the voter's signature, is main-
tained digitally or on electronic, magnetic, or optic
media, such stored information may be substituted for
the original registration application. Such microfilms or
stored information shall be retained in the custody of the
supervisor of elections of the county of the applicant s
registration. In the event the original registration appli-
cations are microfilmed or maintained digitally or on
electronic or other media, such originals may be
destroyed in accordance with the schedule approved
22
by the Bureau of Archives and Records Management of
the Division of Library and Information Services of the
Department of State.
(2) A computer printout or electronic database shall
be used at the polls as a precinct register. The precinct
register shall contain the date of the election, the
precinct number, and the following information concern-
ing each registered elector: last name, first name,
middle name or initial, and suffix party affiliation;
residence address; registration number; date of birth
sex, if provided; race, if provided; whether the voter
needs assistance in voting; and such other additional
information as to readily identify the elector. The
precinct register shall also contain a space for the
elector's signature and a space for the initials of the
witnessing clerk or inspector or an electronic device
may be provided for this purpose.
History.—s. 1, ch. 77 267; s 1, ch. 86-200; s. 6, ch. 90-315; s. 36, ch. 94-224; s.
30, ch. 97-13; s. 9, ch. 98 129; s. 12, ch. 2003-415; s. 27, ch. 2005-278.
F.S. 2010
99.012
99.021
99.061
99.0615
99.063
99.081
99.091
99.092
99.093
99.095
99.0955
99.096
99.09651
99.097
99.103
99.121
CANDIDATES
CHAPTER 99
CANDIDATES
Restrictions on individuals qualifying for
public office.
Form of candidate oath.
Method of qualifying for nomination or
election to federal, state, county, or
district office
Write-in candidate residency requirements.
Candidates for Governor and Lieutenant
Governor.
United States Senators elected in general
election.
Representatives to Congress.
Qualifying fee of candidate; notification of
Department of State.
Municipal candidates; election assess-
ment.
Petition process in lieu of a qualifying fee
and party assessment.
Candidates with no party affiliation; name
on general election ballot
Minor political party candidates; names on
ballot
Signature requirements for ballot position in
year of apportionment.
Verification of signatures on petitions.
Department of State to remit part of filing
fees and party assessments of candi-
dates to state executive committee.
Department of State to certify nominations
to supervisors of elections.
99.012 _ _ Restrictions on individuals qualifying for
public office.—
(1) As used in this section:
(a) "Officer' means a person, whether elected or
appointed, who has the authority to exercise the
sovereign power of the state pertaining to an office
recognized under the State Constitution or laws of the
state With respect to a municipality the term "officer"
means a person, whether elected or appointed, who has
the authority to exercise municipal power as provided by
the State Constitution, state laws, or municipal charter.
(b) 'Subordinate officer' means a person who has
been delegated the authority to exercise the sovereign
power of the state by an officer. With respect to a
municipality, subordinate officer means a person who
has been delegated the authority to exercise municipal
power by an officer.
(2) No person may qualify as a candidate for more
than one public office, whether federal, state district,
county, or municipal, if the terms or any part thereof run
concurrently with each other.
(3)(a) No officer may qualify as a candidate for
another state, district, county, or municipal public office
if the terms or any part thereof run concurrently with
each other without resigning from the office he or she
presently holds.
(b) The resignation is irrevocable.
23
Ch. 99
(c) The written resignation must be submitted at
least 10 days prior to the first day of qualifying for the
office he or she intends to seek.
(d) The resignation must be effective no later than
the earlier of the following dates
1. The date the officer would take office, if elected;
or
2. The date the officer's successor is required to
take office.
(e)1. An elected district, county, or municipal officer
must submit his or her resignation to the officer before
whom he or she qualified for the office he or she holds,
with a copy to the Governor and the Department of
State.
2. An appointed district, county, or municipal officer
must submit his or her resignation to the officer or
authority which appointed him or her to the office he or
she holds with a copy to the Governor and the
Department of State.
3. All other officers must submit their resignations
to the Governor with a copy to the Department of State.
(f)1. With regard to an elective office, the resignation
creates a vacancy in office to be filled by election.
Persons may qualify as candidates for nomination and
election as if the public officer's term were otherwise
scheduled to expire.
2 With regard to an elective charter county office or
elective municipal office, the vacancy created by the
officer's resignation may be filled for that portion of the
officer's unexpired term in a manner provided by the
respective charter The office is deemed vacant upon
the effective date of the resignation submitted by the
official in his or her letter of resignation.
(g) Any officer who submits his or her resignation,
effective immediately or effective on a date prior to the
date of his or her qualifying for office, may then qualify
for office as a nonofficeholder, and the provisions of this
subsection do not apply.
(4) A person who is a subordinate officer, deputy
sheriff, or police officer must resign effective upon
qualifying pursuant to this chapter if the person is
seeking to qualify for a public office that is currently
held by an officer who has authority to appoint, employ,
promote, or otherwise supervise that person and who
has qualified as a candidate for reelection to that office.
(5) The name of any person who does not comply
with this section may be removed from every ballot on
which it appears when ordered by a circuit court upon
the petition of an elector or the Department of State.
(6) This section does not apply to:
(a) Political party offices.
(b) Persons serving without salary as members of
an appointive board or authority.
(7) Nothing contained in subsection (3) relates to
persons holding any federal office.
History.—s. 1, ch. 63-269; s 2, ch. 65-378• s. 1, ch. 70-80; s. 101 ch. 71-373; s.
1, ch. 74-76; s. 3, ch. 75-196; s. 1, ch. 79 391; s. 47, ch. 81-259; s. 1, ch. 83-15; s.
28, ch. 84-302; s. 31, ch. 91-107; s. 534, ch 95-147; s. 1, ch. 99-146; s. 1, ch.
2000-274; s. 14, ch. 2007-30; s. 14, ch. 2008 4; s. 9, ch. 2008-95.
Ch. 99 CANDIDATES F.S. 2010
99.021 Form of candidate oath.—
(1)(a)1 Each candidate, whether a party candidate,
a candidate with no party affiliation, or a write-in
candidate, in order to qualify for nomination or election
to any office other than a judicial office as defined in
chapter 105 or a federal office shall take and subscribe
to an oath or affirmation in writing. A printed copy of the
oath or affirmation shall be furnished to the candidate by
the officer before whom such candidate seeks to qualify
and shall be substantially in the following form:
State of Florida
County of
Before me, an officer authorized to administer oaths,
personally appeared (olease print name as vou wish it to aooearon the
ballot) , to me well known, who, being sworn, says that he
or she is a candidate for the office of ; that he or she
is a qualified elector of _ County, Florida; that he or
she is qualified under the Constitution and the laws of
Florida to hold the office to which he or she desires to be
nominated or elected; that he or she has taken the oath
required by ss. 876.05-876.10, Florida Statutes that he
or she has qualified for no other public office in the state,
the term of which office or any part thereof runs
concurrent with that of the office he or she seeks; and
that he or she has resigned from any office from which
he or she is required to resign pursuant to s. 99.012,
Florida Statutes
(Sionature of candidate)
(Address)
Sworn to and subscribed before me this
(year) , at _ County Florida.
(Sianature and title of officer administering oath)
day of
2. Each candidate for federal office, whether a party
candidate, a candidate with no party affiliation, or a
write-in candidate, in order to qualify for nomination or
election to office shall take and subscribe to an oath or
affirmation in writing A printed copy of the oath or
affirmation shall be furnished to the candidate by the
officer before whom such candidate seeks to qualify and
shall be substantially in the following form:
State of Florida
County of
Before me, an officer authorized to administer oaths,
personally appeared (olease print name as vou wish it to aooearon the
ballot) , to me well known, who being sworn, says that he
or she is a candidate for the office of ; that he or she
is qualified under the Constitution and laws of the United
States to hold the office to which he or she desires to be
nominated or elected; and that he or she has qualified
for no other public office in the state the term of which
office or any part thereof runs concurrent with that of the
office he or she seeks.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this
(year) , at _ County Florida.
(Signature and title of officer administerina oath)
day of
24
(b) In addition, any person seeking to qualify for
nomination as a candidate of any political party shall, at
the time of subscribing to the oath or affirmation, state in
writing:
1. The party of which the person is a member.
2 That the person is not a registered member of
any other political party and has not been a candidate
for nomination for any other political party for a period of
6 months preceding the general election for which the
person seeks to qualify.
3. That the person has paid the assessment levied
against him or her, if any, as a candidate for said office
by the executive committee of the party of which he or
she is a member.
(c) The officer before whom such person qualifies
shall certify the name of such person to the supervisor of
elections in each county affected by such candidacy so
that the name of such person may be printed on the
ballot. Each person seeking election as a write-in
candidate shall subscribe to the oath prescribed in
this section in order to be entitled to have write-in ballots
cast for him or her counted
(2) The provisions of subsection (1) relating to the
oath required of candidates, and the form of oath
prescribed, shall apply with equal force and effect to,
and shall be the oath required of, a candidate for
election to a political party executive committee office,
as provided by law The requirements set forth in this
section shall also apply to any person filling a vacancy
on a political party executive committee.
History.—ss 22 23, ch. 6469, 1913; RGS 326, 327; CGL 383, 384; s. 3, ch.
19663,1939; s. 3, ch. 26870,1951; s. 10, ch. 28156,1953; s.1, ch. 57-742; s. 1, ch.
61-128; s. 2, ch. 63-269; s. 1, ch. 63-66; s. 1, ch. 65-376; s. 1, ch. 67-149; s. 2, ch.
70-269; s. 19, ch. 71-355; s. 6, ch. 77-175; s. 3, ch. 79-365; s. 27, ch. 79-400; s. 2,
ch. 81-105; s. 3, ch. 86-134; s. 535, ch. 95-147; s. 7, ch. 99-6; s. 8, ch. 99-318; s. 15,
ch. 2007-30; s. 10, ch. 2008-95.
Note. Former ss. 102.29, 102.30.
99.061 Method of qualifying for nomination ur
election to federal, state, county or district office.
(1) The provisions of any special act to the contrary
notwithstanding, each person seeking to qualify for
nomination or election to a federal, state, or multicounty
district office, other than election to a judicial office as
defined in chapter 105 or the office of school board
member, shall file his or her qualification papers with
and pay the qualifying fee, which shall consist of the
filing fee and election assessment, and party assess-
ment, if any has been levied, to the Department of
State, or qualify by the petition process pursuant to s
99.095 with the Department of State, at any time after
noon of the 1st day for qualifying which shall be as
follows: the 120th day prior to the primary election but
not later than noon of the 116th day prior to the date of
the primary election, for persons seeking to qualify for
nomination or election to federal office or to the office of
the state attorney or the public defender; and noon of
the 71st day prior to the primary election, but not later
than noon of the 67th day prior to the date of the primary
election, for persons seeking to qualify for nomination or
election to a state or multicounty district office, other
than the office of the state attorney or the public
defender.
(2) The provisions of any special act to the contrary
notwithstanding, each person seeking to qualify for
F.S. 2010 CANDIDATES Ch. 99
nomination or election to a county office, or district office
not covered by subsection (1), shall file his or her
qualification papers with, and pay the qualifying fee,
which shall consist of the filing fee and election
assessment, and party assessment, if any has been
levied, to, the supervisor of elections of the county, or
shall qualify by the petition process pursuant to s.
99.095 with the supervisor of elections, at any time after
noon of the 1st day for qualifying, which shall be the 71st
day prior to the primary election, but not later than noon
of the 67th day prior to the date of the primary election.
Within 30 days after the closing of qualifying time, the
supervisor of elections shall remit to the secretary of the
state executive committee of the political party to which
the candidate belongs the amount of the filing fee, two-
thirds of which shall be used to promote the candidacy
of candidates for county offices and the candidacy of
members of the Legislature.
(3) Notwithstanding the provisions of any special act
to the contrary, each person seeking to qualify for
election to a special district office shall qualify between
noon of the 71st day prior to the primary election and
noon of the 67th day prior to the date of the primary
election. Candidates for single -county special districts
shall qualify with the supervisor of elections in the
county in which the district is located If the district is a
multicounty district, candidates shall qualify with the
Department of State. All special district candidates shall
qualify by paying a filing fee of $25 or qualify by the
petition process pursuant to s. 99.095. Notwithstanding
s. 106.021, a candidate who does not collect contribu-
tions and whose only expense is the filing fee or
signature verification fee is not required to appoint a
campaign treasurer or designate a primary campaign
depository.
(4)(a) Each person seeking to qualify for election to
office as a write-in candidate shall file his or her
qualification papers with the respective qualifying officer
at any time after noon of the 1st day for qualifying but
not later than noon of the last day of the qualifying period
for the office sought.
(b) Any person who is seeking election as a write-in
candidate shall not be required to pay a filing fee
election assessment, or party assessment. A write-in
candidate is not entitled to have his or her name printed
on any ballot; however space for the write-in candida-
te's name to be written in must be provided on the
general election ballot. A person may not qualify as a
write-in candidate if the person has also otherwise
qualified for nomination or election to such office.
(5) At the time of qualifying for office, each candidate
for a constitutional office shall file a full and public
disclosure of financial interests pursuant to s. 8, Art. II of
the State Constitution, and a candidate for any other
office including local elective office shall file a state-
ment of financial interests pursuant to s. 112 3145.
(6) The Department of State shall certify to the
supervisor of elections, within 7 days after the closing
date for qualifying, the names of all duly qualified
candidates for nomination or election who have qualified
with the Department of State.
25
(7)(a) In order for a candidate to be qualified, the
following items must be received by the filing officer by
the end of the qualifying period:
1. A properly executed check drawn upon the
candidate s campaign account in an amount not less
than the fee required by s. 99.092 or, in lieu thereof, as
applicable, the copy of the notice of obtaining ballot
position pursuant to s. 99.095. The filing fee for a special
district candidate is not required to be drawn upon the
candidate's campaign account. If a candidate's check is
returned by the bank for any reason, the filing officer
shall immediately notify the candidate and the candidate
shall, the end of qualifying notwithstanding, have 48
hours from the time such notification is received,
excluding Saturdays, Sundays, and legal holidays, to
pay the fee with a cashier's check purchased from funds
of the campaign account. Failure to pay the fee as
provided in this subparagraph shall disqualify the
candidate.
2. The candidate's oath required by s. 99.021,
which must contain the name of the candidate as it is
to appear on the ballot; the office sought, including the
district or group number if applicable; and the signature
of the candidate, duly acknowledged.
3. The loyalty oath required by s. 876.05, signed by
the candidate and duly acknowledged.
4. If the office sought is partisan, the written
statement of political party affiliation required by s.
99.021(1) (b)
5. The completed form for the appointment of
campaign treasurer and designation of campaign de-
pository, as required by s. 106.021.
6. The full and public disclosure or statement of
financial interests required by subsection (5). A public
officer who has filed thefull and public disclosure or
statement of financial interests with the Commission on
Ethics or the supervisor of elections prior to qualifying
for office may file a copy of that disclosure at the time of
qualifying.
(b) If the filing officer receives qualifying papers that
do not include all items as required by paragraph (a)
prior to the last day of qualifying, the filing officer shall
make a reasonable effort to notify the candidate of the
missing or incomplete items and shall inform the
candidate that all required items must be received by
the close of qualifying. A candidate's name as it is to
appear on the ballot may not be changed after the end of
qualifying.
(8) Notwithstanding the qualifying period prescribed
in this section, a qualifying office may accept and hold
qualifying papers submitted not earlier than 14 days
prior to the beginning of the qualifying period, to be
processed and filed during the qualifying period.
(9) Notwithstanding the qualifying period prescribed
by this section, in each year in which the Legislature
apportions the state, the qualifying period for persons
seeking to qualify for nomination or election to federal
office shall be between noon of the 71st day prior to the
primary election, but not later than noon of the 67th day
prior to the primary election.
Ch. 99 CANDIDATES F.S. 2010
(10) The Department of State may prescribe by rule
requirements for filing papers to qualify as a candidate
under this section.
H'story.-ss. 25, 26, ch. 6469, 1913; RGS 329, 330; CGL 386, 387; ss. 4, 5, ch.
13761,1929; s.1 ch. 16990, 1935; CGL 1936 Supp. 386; ss. 1, chs. 19007, 19008,
19009,1939; CGL 1940 Supp. 4769(3); s. 1, ch. 20619, 1941; s. 1, ch. 21851,1943;
s. 1, ch. 23006, 1945; s. 1, ch. 24163, 1947; s. 3, ch. 26870, 1951; s.111 ch. 28156,
1953; s. 4, ch. 29936,1955; s. 10, ch. 57-1; s. 1, ch. 59-84; s. 1, ch. 61-373 and s. 4,
ch. 61-530; s. 1, ch. 63-502; s. 7, ch. 65-378; s. 2, ch. 67-531; ss. 10, 35, ch. 69-106;
s. 5, ch. 69-281; s. 1, ch. 69-300; s. 1, ch. 70-42; s. 1, ch. 70-93; s. 1, ch. 70-439; s.
ch. 77-175; s. 1, ch. 78-188; s. 3, ch. 81-105; s. 2, ch. 83-15; s. 2, ch. 83-25; s 1, ch.
83-251; s. 29, ch. 84-302; s. 1, ch. 86-7; s. 6, ch. 89-338; s. 8, ch. 90-315; s. 32, ch.
91-107; s. 536, ch. 95-147; s. 1, ch. 95-156; s. 9, ch. 99-318; s. 9, ch. 99-326; s. 3,
ch. 2001-75; s. 11, ch. 2005-277; s. 51, ch. 2005-278; s. 7, ch. 2005-286; s. 16, ch.
2007-30.
Note. -Former ss. 102.32, 102.33, 102.351, 102.36, 102.66, 102.69.
99.0615 Write-in candidate residency require-
ments. -At the time of qualification, all write-in candi-
dates must reside within the district represented by the
office sought.
History. -s. 56, ch. 2007-30.
99.063 Candidates for Governor and Lieutenant
Governor. -
(1) No later than 5 p.m. of the 9th day following the
primary election, each candidate for Governor shall
designate a Lieutenant Governor as a running mate
Such designation must be made in writing to the
Department of State.
(2) No later than 5 p.m. of the 9th day following the
primary election each designated candidate for Lieu-
tenant Governor shall file with the Department of State:
(a) The candidates oath required by s 99.021,
which must contain the name of the candidate as it is
to appear on the ballot; the office sought; and the
signature of the candidate, duly acknowledged.
(b) The loyalty oath required by s. 876.05, signed by
the candidate and duly acknowledged.
(c) If the office sought is partisan, the written
statement of political party affiliation required by s.
99.021(1)(b)
(d) The full and public disclosure of financial inter-
ests pursuant to s. 8, Art. II of the State Constitution. A
public officer who has filed the full and public disclosure
with the Commission on Ethics prior to qualifying for
office may file a copy of that disclosure at the time of
qualifying.
(3) A designated candidate for Lieutenant Governor
is not required to pay a separate qualifying fee or obtain
signatures on petitions Ballot position obtained by the
candidate for Governor entitles the designated candi-
date for Lieutenant Governor upon receipt by the
Department of State of the qualifying papers required
by subsection (2) to have his or her name placed on the
ballot for the joint candidacy.
(4) In order to have the name of the candidate for
Lieutenant Governor printed on the primary election
ballot, a candidate for Governor participating in the
primary must designate the candidate for Lieutenant
Governor, and the designated candidate must qualify no
later than the end of the qualifying period specified in s.
99.061. If the candidate for Lieutenant Governor has not
been designated and has not qualified by the end of the
qualifying period specified in s 99.061, the phrase 'Not
Yet Designated" must be included in lieu of the
candidate's name on the primary election ballot.
26
(5) Failure of the Lieutenant Governor candidate to
be designated and qualified by the time specified in
subsection (2) shall result in forfeiture of ballot position
for the candidate for Governor for the general election.
History. -s. 1, ch. 99-140; s. 45, ch. 2001-40; s. 12, ch. 2005 277; s. 8, ch.
2005 286.
99.081 United States Senators elected in gen-
eral election. -United States Senators from Florida
shall be elected at the general election held preceding
the expiration of the present term of office, and such
election shall conform as nearly as practicable to the
methods provided for the election of state officers.
History. -s. 3, ch. 26870, 1951; s. 6 ch. 77-175; s. 7, ch. 89-338.
Note. -Former s. 106.01.
99.091 Representatives to Congress.
(1) A Representative to Congress shall be elected in
and for each congressional district at each general
election.
(2) When Florida is entitled to additional represen-
tatives according to the last census, representatives
shall be elected from the state at large and at large
thereafter until the state is redistricted by the Legisla-
ture.
History. -ss, 2, 3, ch. 3879, 1889; RS 157; s. 4, ch. 4328, 1895; s. 3, ch. 4537,
1897; GS 174; RGS 218; CGL 253; s. 2, ch. 25383,1949; s. 3, ch. 26870,1951; s. 6,
ch. 77-175.
Note. -Former s. 98.07.
99.092 Qualifying fee of candidate; notification
of Department of State. -
(1) Each person seeking to qualify for nomination or
election to any office, except a person seeking to qualify
by the petition process pursuant to s. 99.095 and except
a person seeking to qualify as a write-in candidate, shall
pay a qualifying fee which shall consist of a filing fee
and election assessment, to the officer with whom the
person qualifies, and any party assessment levied, and
shall attach the original or signed duplicate of the receipt
for his or her party assessment or pay the same, in
accordance with the provisions of s. 103.121, at the time
of filing his or her other qualifying papers. The amount of
the filing fee is 3 percent of the annual salary of the
office The amount of the election assessment is 1
percent of the annual salary of the office sought. The
election assessment shall be deposited into the Clear-
ing Funds Trust Fund and transferred to the Elections
Commission Trust Fund within the Department of Legal
Affairs. The amount of the party assessment is 2
percent of the annual salary. The annual salary of the
office for purposes of computing the filing fee, election
assessment, and party assessment shall be computed
by multiplying 12 times the monthly salary, excluding
any special qualification pay, authorized for such office
as of July 1 immediately preceding the first day of
qualifying. No qualifying fee shall be returned to the
candidate unless the candidate withdraws his or her
candidacy before the last date to qualify. If a candidate
dies prior to an election and has not withdrawn his or her
candidacy before the last date to qualify, the candidate's
qualifying fee shall be returned to his or her designated
beneficiary, and, if the filing fee or any portion thereof
has been transferred to the political party of the
candidate, the Secretary of State shall direct the party
F.S. 2010 CANDIDATES Ch. 99
to return that portion to the designated beneficiary of the
candidate.
(2) The supervisor of elections shall, immediately
after the last day for qualifying, submit to the Depart-
ment of State a list containing the names, party
affiliations, and addresses of all candidates and the
offices for which they qualified.
History. -s. 24, ch 6469, 1913; RGS 328; CGL 385; s. 3, ch. 26870, 1951; s.
12, ch. 29934, 1955; s. 4, ch. 65-378; s. 1, ch. 67-531; ss 10, 35, ch. 69-106; s. 6,
ch. 69-281; s.1, ch. 74-119; s.1, ch. 75-123; s.1, ch. 75-247; s. 6, ch. 77-175; s. 28,
ch. 79-400; s. 4, ch. 81-105; s. 1, ch. 83-242; s. 8, ch. 89-338; s. 1, ch. 91-107; s.
537, ch. 95-147; s. 11, ch. 97-13; s. 2, ch. 99-140; s. 10, ch. 99-318; s. 13, ch.
2005-277; s. 2, ch. 2010-16.
Note. -Former ss. 102.31, 99.031.
99.093 Municipal candidates; election assess-
ment.-
(1) Each person seeking to qualify for nomination or
election to a municipal office shall pay, at the time of
qualifying for office, an election assessment. The
election assessment shall be an amount equal to 1
percent of the annual salary of the office sought. Within
30 days after the close of qualifying, the qualifying
officer shall forward all assessments collected pursuant
to this section to the Department of State for transfer to
the Elections Commission Trust Fund within the De-
partment of Legal Affairs
(2) Any person seeking to qualify for nomination or
election to a municipal office who is unable to pay the
election assessment without imposing an undue burden
on personal resources or on resources otherwise
available to him or her shall, upon written certification
of such inability given under oath to the qualifying
officer, be exempt from paying the election assessment
History. -s. 9, ch. 89-338; s. 2, ch. 91-107; s. 538, ch. 95-147; s. 12, ch. 97-13
s. 3, ch. 2010-16.
99.095 Petition process in lieu of a qualifying
fee and party assessment. -
(1) -A person who seeks to qualify as a candidate for
any office and who meets the petition requirements of
this section is not required to pay the qualifying fee or
party assessment required by this chapter.
(2)(a) Except as provided in paragraph (b), a candi-
date must obtain the number of signatures of voters in
the geographical area represented by the office sought
equal to at least 1 percent of the total number of
registered voters of that geographical area, as shown by
the compilation by the department for the immediately
preceding general election. Signatures may not be
obtained until the candidate has filed the appointment
of campaign treasurer and designation of campaign
depository pursuant to s. 106.021 and are valid only for
the qualifying period immediately following such filings
(b) A candidate for a special district office shall
obtain 25 signatures of voters in the geographical area
represented by the office sought.
(c) The format of the petition shall be prescribed by
the division and shall be used by candidates to
reproduce petitions for circulation. If the candidate is
running for an office that requires a group or district
designation, the petition must indicate that designation
and, if it does not, the signatures are not valid. A
separate petition is required for each candidate.
(3) Each petition must be submitted before noon of
the 28th day preceding the first day of the qualifying
27
period for the office sought to the supervisor of elections
of the county in which such petition was circulated. Each
supervisor shall check the signatures on the petitions to
verify their status as voters in the county, district or
other geographical area represented by the office
sought. No later than the 7th day before the first day
of the qualifying period the supervisor shall certify the
number of valid signatures.
(4)(a) Certifications for candidates for federal, state,
multicounty district, or multicounty special district office
shall be submitted to the division no later than the 7th
day before the first day of the qualifying period for the
office sought. The division shall determine whether the
required number of signatures has been obtained and
shall notify the candidate.
(b) For candidates for county, district, or special
district office not covered by paragraph (a), the super-
visor shall determine whether the required number of
signatures has been obtained and shall notify the
candidate.
(5) If the required number of signatures has been
obtained, the candidate is eligible to qualify pursuant to
s 99.061.
History. -s. 2, ch. 74-119; s. 6, ch. 77-175; s. 29, ch. 79-400; s. 10, ch. 89-338;
s. 9, ch. 90-315; s. 539, ch. 95-147; s. 3, ch. 99-140; s. 1, ch. 99-318; s. 14, ch.
2005-277; s. 9, ch. 2005-286; s. 17, ch. 2007-30; s. 11, ch. 2008-95.
99.0955 Candidates with no party affiliation;
name on general election ballot. -
(1) Each person seeking to qualify for election as a
candidate with no party affiliation shall file his or her
qualifying papers and pay the qualifying fee or qualify by
the petition process pursuant to s. 99.095 with the
officer and during the times and under the circum-
stances prescribed in s 99.061. Upon qualifying, the
candidate is entitled to have his or her name placed on
the general election ballot.
(2) The qualifying fee for candidates with no party
affiliation shall consist of a filing fee and an election
assessment as prescribed in s. 99.092. Filing fees paid
to the Department of State shall be deposited into the
General Revenue Fund of the state. Filing fees paid to
the supervisor of elections shall be deposited into the
general revenue fund of the county.
History. -s. 6, ch. 70-269; s 1, ch. 70-439; s. 3, ch. 74-119; s. 7, ch. 77-175; s.
2 ch. 78-188; s. 11, ch. 89-338; s. 10, ch. 90-315; s. 540, ch. 95-147; s. 13, ch.
95-280; s. 4, ch. 99-140; s. 2, ch. 99-318; s. 15, ch. 2005-277.
Note. -Former s. 99.152.
99.096 Minor political party candidates; names
on ballot -Each person seeking to qualify for election
as a candidate of a minor political party shall file his or
her qualifying papers with, and pay the qualifying fee
and if one has been levied, the party assessment, or
qualify by the petition process pursuant to s. 99.095,
with the officer and at the times and under the
circumstances provided in s. 99.061.
History. -s. 5, ch. 70-269; s. 1, ch. 70-439; s. 4, ch. 74-119; s. 8, ch. 77-175; s.
3, ch. 78-188; s. 12, ch. 89-338; s. 1, ch. 90-229; s. 11, ch. 90-315; s. 541, ch.
95-147; s. 3, ch. 99-318; s. 16, ch. 2005-277; s. 18, ch. 2007-30.
Note. -Former s. 101 261
99.09651 Signature requirements for ballot po-
sition in year of apportionment. -
(1) In a year of apportionment, any candidate for
representative to Congress, state Senate, or state
Ch. 99 CANDIDATES F.S. 2010
H ouse of Representatives seeking ballot position by the
petition process prescribed in s. 99.095 shall obtain at
least the number of signatures equal to one-third of 1
percent of the ideal population for the district of the
office being sought.
(2) For the purposes of this section, 'ideal popula-
tion" means the total population of the state based upon
the most recent decennial census divided by the
n umber of districts for representative to Congress,
state Senate or state House of Representatives. For
the purposes of this section, ideal population shall be
calculated as of July 1 of the year prior to apportion-
ment The ideal population for a state Senate district
and a state representative district shall be calculated by
dividing the total population of the state by 40 for a state
S enate district and by dividing by 120 for a state
representative district
(3) Signatures may be obtained from any registered
voter in Florida regardless of party affiliation or district
boundaries.
(4) Petitions shall state the name of the office the
candidate is seeking, but shall not include a district
n umber.
(5) Except as otherwise provided in this section, all
requirements and procedures relating to the petition
process shall conform to the requirements and proce-
dures in nonapportionment years.
History.—s. 3, ch. 91-107; s. 4, ch. 99-318; s. 17, ch. 2005-277.
99.097 Verification of signatures on petitions.
(1) As determined by each supervisor, based upon
local conditions, the checking of names on petitions may
be based on the most inexpensive and administratively
feasible of either of the following methods of verification:
(a) A name -by -name signature -by -signature check
of the number of authorized signatures on the petitions;
o r
(b) A check of a random sample as provided by the
D epartment of State, of names and signatures on the
petitions. The sample must be such that a determination
can be made as to whether or not the required number
of signatures have been obtained with a reliability of at
least 99 5 percent. Rules and guidelines for this method
of petition verification shall be promulgated by the
D epartment of State, which may include a requirement
that petitions bear an additional number of names and
signatures, not to exceed 15 percent of the names and
signatures otherwise required. If the petitions do not
meet such criteria, then the use of the verification
method described in this paragraph shall not be
available to supervisors.
(2) When a petitioner submits petitions which con-
tain at least 15 percent more than the required number
of signatures, the petitioner may require that the
supervisor of elections use the random sampling
verification method in certifying the petition.
(3)(a) A name on a petition, which name is not in
substantially the same form as a name on the voter
registration books, shall be counted as a valid signature
if, after comparing the signature on the petition with the
signature of the alleged signer as shown on the
registration books, the supervisor determines that the
person signing the petition and the person who
28
registered to vote are one and the same In any situation
in which this code requires the form of the petition to be
prescribed by the division, no signature shall be counted
toward the number of signatures required unless it is on
a petition form prescribed by the division.
(b) If a voter signs a petition and lists an address
other than the legal residence where the voter is
registered, the supervisor shall treat the signature as
if the voter had listed the address where the voter is
registered.
(4) The supervisor shall be paid in advance the sum
of 10 cents for each signature checked or the actual cost
of checking such signature, whichever is Tess, by the
candidate or, in the case of a petition to have an issue
placed on the ballot, by the person or organization
submitting the petition. However, if a candidate, person,
o r organization seeking to have an issue placed upon
the ballot cannot pay such charges without imposing an
u ndue burden on personal resources or upon the
resources otherwise available to such candidate, per-
son, or organization, such candidate, person, or orga-
nization shall, upon written certification of such inability
given under oath to the supervisor, be entitled to have
the signatures verified at no charge. In the event a
candidate person, or organization submitting a petition
to have an issue placed upon the ballot is entitled to
have the signatures verified at no charge, the supervisor
of elections of each county in which the signatures are
verified at no charge shall submit the total number of
such signatures checked in the county to the Chief
Financial Officer no later than December 1 of the
general election year, and the Chief Financial Officer
shall cause such supervisor of elections to be reim-
bursed from the General Revenue Fund in an amount
equal to 10 cents for each name checked or the actual
cost of checking such signatures, whichever is less. In
no event shall such reimbursement of costs be deemed
or applied as extra compensation for the supervisor
Petitions shall be retained by the supervisors for a
period of 1 year following the election for which the
petitions were circulated.
(5) The results of a verification pursuant to para-
graph (1)(b) may be contested in the circuit court by the
candidate' an announced opponent; a representative of
a designated political committee; or a person, party, or
other organization submitting the petition. The contest-
ant shall file a complaint, together with the fees
prescribed in chapter 28, with the clerk of the circuit
court in the county in which the petition is certified or in
Leon County if the petition covers more than one county
within 10 days after midnight of the date the petition is
certified; and the complaint shall set forth the grounds
on which the contestant intends to establish his or her
right to require a complete check of the names and
signatures pursuant to paragraph (1)(a). In the event the
court orders a complete check of the petition and the
result is not changed as to the success or lack of
success of the petitioner in obtaining the requisite
number of valid signatures, then such candidate, unless
the candidate has filed the oath stating that he or she is
unable to pay such charges; announced opponent;
representative of a designated political committee; or
party, person, or organization submitting the petition,
F.S. 2010 CANDIDATES Ch. 99
unless such person or organization has filed the oath
stating inability to pay such charges, shall pay to the
supervisor of elections of each affected county for the
complete check an amount calculated at the rate of 10
cents for each additional signature checked or the
actual cost of checking such additional signatures,
whichever is Tess.
History. -s. 2, ch. 76-233; s. 10, ch. 77-175; s. 2, ch. 80-20; s. 1, ch. 82-141; s.
13, ch. 89-338; s. 2, ch. 90-229; s. 12, ch. 90-315; s. 542, ch. 95-147; s. 21, ch.
97-13; s. 7, ch. 99-318; s. 109, ch. 2003-261.
99.103 Department of State to remit part of filing
fees and party assessments of candidates to state
executive committee. -
(1) If more than three-fourths of the full authorized
membership of the state executive committee of any
party was elected at the last previous election for such
members and if such party is declared by the Depart-
ment of State to have recorded on the registration books
of the counties, as of the first Tuesday after the first
Monday in January prior to the primary election in
general election years, 5 percent of the total registration
of such counties when added together, such committee
shall receive, for the purpose of meeting its expenses,
all filing fees collected by the Department of State from
its candidates less an amount equal to 15 percent of the
filing fees which amount the Department of State shall
deposit in the General Revenue Fund of the state
(2) Not later than 20 clays after the close of qualifying
in even -numbered years the Department of State shall
29
remit 95 percent of all filing fees, Tess the amount
deposited In general revenue pursuant to subsection
(1), or party assessments that may have been collected
by the department to the respective state executive
committees of the parties complying with subsection (1).
Party assessments collected by the Department of
State shall be remitted to the appropriate state execu-
tive committee, irrespective of other requirements of this
section, provided such committee is duly organized
under the provisions of chapter 103. The remainder of
filing fees or party assessments collected by the
Department of State shall be remitted to the appropriate
state executive committees not later than the date of the
primary election.
History. -s. 1, ch. 29935, 1955; s. 24, ch. 57-1; s. 1, ch. 57-62; s. 4, ch. 57-166;
s. 1, ch. 69-295; ss 10, 35, ch 69-106; s. 11, ch. 77-175; s. 2, ch. 83-251; s. 4, ch.
91-107; s. 14, ch. 97-13; s. 10, ch. 2005-286.
99.121 Department of State to certify nomina-
tions to supervisors of elections. -The Department
of State shall certify to the supervisor of elections of
each county affected by a candidacy for office the
names of persons nominated to such office. The names
of such persons shall be printed by the supervisor of
elections upon the ballot in their proper place as
provided by law.
History. -s. 30 ch. 4328,1895; s. 10, ch. 4537, 1897; GS 215, 3824; s. 54, ch.
6469,1913; RGS 259, 358, 5885; CGL 315, 415 8148; s. 11, ch. 26329, 1949; s. 3,
ch. 26870, 1951; s. 5, ch. 57-166; ss. 10, 35, ch. 69-106; s. 11, ch. 77-175.
Note. -Former ss. 99.13, 102.51.
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS
CHAPTER 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS
100.011
100.021
100.025
100.031
100.041
100.051
100.061
100.081
100.101
100.102
100.111
100.141
100.151
100.161
100.181
100.191
100.201
100.211
100.221
100.241
100.261
100 271
100.281
100.291
100.301
100.311
100.321
100.331
100.341
100.342
100.351
100.3605
100.361
100.371
Opening and closing of polls, all elections;
expenses.
Notice of general election.
Citizens residing overseas; notice of elec-
tions.
General election.
Officers chosen at general election.
Candidate's name on general election
ballot.
Primary election.
Nomination of county commissioners at
primary election.
S pecial elections and special primary elec-
tions.
Cost of special elections and special pri-
mary elections to be incurred by the
state.
Filling vacancy.
N otice of special election to fill any vacancy
in office
Special elections called by local governing
bodies, notice.
Filling vacancy of United States Senators.
Determination of person elected.
G eneral election laws applicable to special
elections; returns.
Referendum required before issuing
bonds.
Power to call bond referendum, notice
required.
General election laws to govern bond
referenda.
Freeholder voting; election; penalties for
ineligible persons who vote as free-
holders.
Holding bond referenda with other elec-
tions
Inspectors, clerk, duties; return and can-
vass of referendum recorded.
Approval to issue bonds.
Record results of election prima facie
evidence.
Refunding bonds excluded.
Local law governs bond election held by
municipalities.
Test suit
Referendum for defeated bond issue.
Bond referendum ballot
Notice of special election or referendum.
Referendum election; certificate of results
to Department of State.
Conduct of municipal elections.
Municipal recall.
Initiatives; procedure for placement on
ballot
100.011 Opening and closing of polls, all elec-
tions, expenses. -
30
F.S. 2010
(1) The polls shall be open at the voting places at
7:00 a m , on the day of the election, and shall be kept
open until 7:00 p.m., of the same day, and the time shall
be regulated by the customary time in standard use in
the county seat of the locality The inspectors shall
make public proclamation of the opening and closing of
the polls During the election and canvass of the votes
the ballot box shall not be concealed. Any elector who is
in line at the time of the official closing of the polls shall
be allowed to cast a vote in the election.
(2) The time of opening and closing of the polls shall
be observed in all elections held in this state, including
municipal and school elections.
(3) The expenses of holding all elections for county
and state offices necessarily incurred shall be paid out
of the treasury of the county or state as the case may
be in the same manner and by the same officers as in
general elections.
(4)(a) The provisions of any special law to the
contrary notwithstanding, the expenses of holding a
special district or community development district elec-
tion, or the district's proportionate share of regular
election costs, as the case may be, shall be paid out of
the district's treasury and in the same manner as in
general elections. This subsection applies to any
district, whether created by or pursuant to special or
general law, which is a special district as defined in s.
200.001(8)(c) or a community development district as
defined in s. 190.003(6).
(b) The provisions of any special law to the contrary
notwithstanding, the supervisor of elections may impose
an interest penalty on any amount due and owing to him
or her from a special district or community development
district if payment is not made within 30 days from
receipt of the bill or within 10 working days of the
required time authorized by interlocal agreement. The
rate of such interest shall be the rate established
pursuant to s. 55.03.
(c) The provisions of any special law to the contrary
notwithstanding, all independent and dependent special
district elections, with the exception of community
development district elections, shall be conducted in
accordance with the requirements of ss. 189.405 and
189.4051.
History. -s. 23, ch. 3879, 1889; RS 177; s. 27, ch. 4328, 1895; GS 209; s. 8, ch.
6469, 1913; RGS 253, 306; CGL 309, 362; ss. 1, 2, ch. 20409, 1941; ss. 1, 2, ch.
22739,1945; s. 4, ch. 25384,1949; s. 4, ch. 26870,1951; s. 12, ch. 77-175; s. 6, ch.
87-363; s. 53, ch. 89-169; s. 543, ch. 95-147; s. 4, ch. 96.327; s. 18, ch. 2005-277.
Note. Former ss 99 07, 102.08.
100.021 Notice of general election. The Depart-
ment of State shall, in any year in which a general
election is held, make out a notice stating what offices
and vacancies are to be filled at the general election in
the state and in each county and district thereof. During
the 30 days prior to the beginning of qualifying, the
Department of State shall have the notice published two
times in a newspaper of general circulation in each
county; and, in counties in which there is no newspaper
of general circulation, it shall send to the sheriff a notice
F.S. 2010 GENERAL, PRIMARY, AND SPECIAL ELECTIONS
of the offices and vacancies to be filled at such general
election by the qualified voters of the sheriff's county or
any district thereof and the sheriff shall have at least
five copies of the notice posted in conspicuous places in
the county.
History. -s. 5, ch. 3879, 1889; RS 159; s. 6, ch. 4328, 1895; s. 4, ch. 4537,
1897; GS 176; RGS 220; CGL 255; s. 1, ch. 25383,1949; s. 4, ch. 26870, 1951; ss.
10, 35, ch. 69-106; s. 12, ch. 77-175; s. 3, ch. 83-251; s, 544, ch. 95-147.
Note. -Former s. 98,06-
100.025 Citizens residing overseas; notice of
elections, -A citizen of this state who is residing
overseas may notify the supervisor of elections in the
county where he or she is registered of his or her
overseas address; and, thereafter, the supervisor shall
notify such citizen at least 90 days prior to regular
primary and general elections and when possible prior
to any special election so that such citizen may follow
the procedures for absentee voting provided by law.
History, -s 1, ch. 67-454; s. 8, ch. 69.280; s 3, ch. 77-175; s.16, ch. 81-304; s,
4, ch. 89-338; s. 16, ch, 94-224; s- 1389, ch. 95-147,
Note. Former s. 97,0631,
100.031 General election. -A general election
shall be held in each county on the first Tuesday after
the first Monday in November of each even -numbered
year to choose a successor to each elective federal,
state, county, and district officer whose term will expire
before the next general election and, except as provided
in the State Constitution, to fill each vacancy in elective
office for the unexpired portion of the term.
History. -s 2, ch. 3879, 1889; RS 155; s. 2 ch. 4328, 1895; s. 1, ch. 4537,
1897; GS 171; RGS 216; CGL 251; s, 4, ch. 26870, 1951; s. 12, ch, 77-175.
Note. -Former s. 98.04.
100.041 Officers chosen at general election. -
(1) State senators shall be elected for terms of 4
years, those from odd -numbered districts in each year
the number of which is a multiple of 4 and those from
even -numbered districts in each even -numbered year
the number of which is not a multiple of 4. Members of
the House of Representatives shall be elected for terms
of 2 years in each even numbered year. In each county
a clerk of the circuit court, sheriff, superintendent of
schools, property appraiser, and tax collector shall be
chosen by the qualified electors at the general election
in each year the number of which is a multiple of 4. The
Governor and the administrative officers of the execu-
tive branch of the state shall be elected for terms of 4
years in each even -numbered year the number of which
is not a multiple of 4. The terms of state offices other
than the terms of members of the Legislature shall begin
on the first Tuesday after the first Monday in January
after said election The term of office of each member of
the Legislature shall begin upon election.
(2)(a) Each county commissioner from an odd -num-
bered district shall be elected at the general election in
each year the number of which is a multiple of 4, for a 4 -
year term commencing on the second Tuesday follow-
ing such election, and each county commissioner from
an even -numbered district shall be elected at the
general election in each even -numbered year the
number of which is not a multiple of 4, for a 4 -year
term commencing on the second Tuesday following
such election. A county commissioner is 'elected" for
purposes of this paragraph on the date that the county
31
Ch. 100
canvassing board certifies the results of the election
pursuant to s. 102.151.
(b) Notwithstanding paragraph (a), the governing
board of a charter county may provide by ordinance, to
be approved by referendum, that the terms of its
members shall commence on a date later than the
second Tuesday following general elections, but in any
case the date of commencement shall be uniform for all
members and shall be no later than the first Tuesday
after the first Monday in January following each
member's election.
(3)(a) School board members shall be elected at a
general election for terms of 4 years. The term of office
of a school board member and of a superintendent of
schools shall begin on the second Tuesday following the
general election in which such member or superinten-
dent is elected.
(b) In each school district which has five school
board members, the terms shall be arranged so that
three members are elected at one general election and
two members elected at the next ensuing general
election.
(4) The term of office of each county and each
district officer not otherwise provided by law shall
commence on the first Tuesday after the first Monday
in January following his or her election
History, -s. 3, ch. 3879, 1889; RS 156; s. 3, ch 4328, 1895; s. 2, ch. 4537,
1897; GS 172; s. 10, ch. 7838, 1919; RGS 217; CGL 252; s. 4, ch. 26870, 1951; s.
15, ch. 28156, 1953; s. 1, ch. 59-140; s. 1, ch. 63-479; s. 1, ch. 67 98; s. 1, ch.
67-510; s. 11, ch. 69.216; s. 1, ch. 69-300; (4) formerly s. 14, Art. XVIII of the
Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the
Constitution as revised In 1968; s. 1, ch. 73-47; s, 18, ch.73.334; s. 1, ch. 77-102; s.
12, ch. 77-175; s.1, ch. 78-321; s. 21, ch. 79-164; s,14, ch. 85-226; s. 1, ch, 88-85;
s. 14, ch. 89-338; s. 545, ch. 95-147; s. 11, ch. 98-129; s. 20, ch. 2007-30.
Note. -Former s. 98,05.
100.051 Candidate's name on general election
ballot. -The supervisor of elections of each county
shall print on ballots to be used in the county at the next
general election the names of candidates who have
been nominated by a political party and the candidates
who have otherwise obtained a position on the general
election ballot in compliance with the requirements of
this code.
History -s, 53, ch. 6469, 1913; RGS 357; CGL 414; s. 4, ch. 26870, 1951; s. 3,
ch. 70-269; s. 1, ch. 70-439; s. 12, ch. 77-175; s. 21, ch. 2007-30.
Note. Former s. 102.50.
100.061 Primary election In each year in which
a general election is held, a primary election for
nomination of candidates of political parties shall be
held on the Tuesday 10 weeks prior to the general
election. The candidate receiving the highest number of
votes cast in each contest in the primary election shall
be declared nominated for such office. If two or more
candidates receive an equal and highest number of
votes for the same office, such candidates shall draw
lots to determine which candidate is nominated.
History. -s. 5, ch. 6469, 1913; RGS 303; CGL 359; 8. 2 ch. 13761, 1929; s. 1,
ch. 17897, 1937; s. 7, ch. 26329, 1949; s. 4, ch. 26870, 1951; s. 1, ch. 57-166; s. 1,
ch. 59-4; s. 1, ch. 69-1745; s. 4, ch. 83-251; s 11, ch. 2005-286; s. 22, ch. 2007-30.
Note. Former s. 102.05.
100.081 Nomination of county commissioners
at primary election. -The primary election shall pro-
vide for the nomination of county commissioners by the
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS
qualified electors of such county at the time and place
set for voting on other county officers.
History.—s. 63 ch. 6469, 1913; s. 10, ch. 6874, 1915; RGS 362; CGL 419; s.
18, ch. 13761, 1929; CGL 1936 Supp. 424(2); s. 4, ch. 26870, 1951; s. 11, ch.
69-216; s. 12, ch. 77-175; s. 12, ch. 2005-286.
Note. Former s. 102.55.
100.101 Special elections and special primary
elections.—Except as provided in s. 100.111(2), a
special election or special primary election shall be held
in the following cases:
(1) If no person has been elected at a general
election to fill an office which was required to be filled by
election at such general election.
(2) If a vacancy occurs in the office of state senator
or member of the state house of representatives.
(3) If it is necessary to elect presidential electors by
reason of the offices of President and Vice President
both having become vacant.
(4) If a vacancy occurs in the office of member from
Florida of the House of Representatives of Congress.
History.—s. 4, ch 3879,1889; RS 158; s. 5, ch. 4328,1895; GS 175; RGS 219;
CGL 254; s. 4, ch. 26870, 1951; s. 12, ch. 77-175; s. 3, ch. 83-15; s. 19, ch.
2005-277.
Note.—Former s. 98.08.
100.102 Cost of special elections and special
primary elections to be incurred by the state.—
Whenever any special election or special primary
election is held as required in s. 100.101, each county
incurring expenses resulting from such special election
or special primary election shall be reimbursed by the
state. Reimbursement shall be based upon actual
expenses as filed by the supervisor of elections with
the county governing body The Department of State
shall verify the expenses of each special election and
each special primary election and authorize payment for
reimbursement to each county affected.
History.—s. 2, ch 74-120; s. 12, ch. 77-175.
100.111 Filling vacancy.—
(1)(a) If any vacancy occurs in any office which is
required to be filled pursuant to s. 1(f) Art. IV of the
State Constitution and the remainder of the term of such
office is 28 months or longer, then at the next general
election a person shall be elected to fill the unexpired
portion of such term, commencing on the first Tuesday
after the first Monday following such general election.
(b) If such a vacancy occurs prior to the first day set
by law for qualifying for election to office at such general
election, any person seeking nomination or election to
the unexpired portion of the term shall qualify within the
time prescribed by law for qualifying for other offices to
be filled by election at such general election.
(c) If such a vacancy occurs prior to the primary
election but on or after the first day set by law for
qualifying, the Secretary of State shall set dates for
qualifying for the unexpired portion of the term of such
office. Any person seeking nomination or election to the
unexpired portion of the term shall qualify within the time
set by the Secretary of State If time does not permit
party nominations to be made in conjunction with the
primary election, the Governor may call a special
primary election to select party nominees for the
unexpired portion of such term.
32
F.S. 2010
(2)(a) If, in any state or county office required to be
filled by election, a vacancy occurs during an election
year by reason of the incumbent having qualified as a
candidate for federal office pursuant to s. 99.061, no
special election is required. Any person seeking nomi-
nation or election to the office so vacated shall qualify
within the time prescribed by s. 99.061 for qualifying for
state or county offices to be filled by election.
(b) If such a vacancy occurs in an election year other
than the one immediately preceding expiration of the
present term, the Secretary of State shall notify the
supervisor of elections in each county served by the
office that a vacancy has been created. Such notice
shall be provided to the supervisor of elections not later
than the close of the first day set for qualifying for state
or county office. The supervisor shall provide public
notice of the vacancy in any manner the Secretary of
State deems appropriate.
(3) Whenever there is a vacancy for which a special
election is required pursuant to s. 100.101, the Gover-
nor, after consultation with the Secretary of State, shall
fix the dates of a special primary election and a special
election. Nominees of political parties shall be chosen
under the primary laws of this state in the special
primary election to become candidates in the special
election. Prior to setting the special election dates, the
Governor shall consider any upcoming elections in the
jurisdiction where the special election will be held, The
dates fixed by the Governor shall be specific days
certain and shall not be established by the happening of
a condition or stated in the alternative. The dates fixed
shall provide a minimum of 2 weeks between each
election. In the event a vacancy occurs in the office of
state senator or member of the House of Representa-
tives when the Legislature is in regular legislative
session the minimum times prescribed by this subsec-
tion may be waived upon concurrence of the Governor,
the Speaker of the House of Representatives and the
President of the Senate. If a vacancy occurs in the office
of state senator and no session of the Legislature is
scheduled to be held prior to the next general election,
the Governor may fix the dates for the special primary
election and for the special election to coincide with the
dates of the primary election and general election. If a
vacancy in office occurs in any district in the state
Senate or House of Representatives or in any congres-
sional district, and no session of the Legislature, or
session of Congress if the vacancy is in a congressional
district is scheduled to be held during the unexpired
portion of the term the Governor is not required to call a
special election to fill such vacancy
(a) The dates for candidates to qualify in such
special election or special primary election shall be
fixed by the Department of State, and candidates shall
qualify not later than noon of the last day so fixed. The
dates fixed for qualifying shall allow a minimum of 14
days between the last day of qualifying and the special
primary election.
(b) The filing of campaign expense statements by
candidates in such special elections or special primaries
and by committees making contributions or expendi-
tures to influence the results of such special primaries or
special elections shall be not later than such dates as
F.S. 2010
GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
shall be fixed by the Department of State, and in fixing
such dates the Department of State shall take into
consideration and be governed by the practical time
limitations.
(c) The dates for a candidate to qualify by the
petition process pursuant to s. 99.095 in such special
primary or special election shall be fixed by the
Department of State. In fixing such dates the Depart-
ment of State shall take into consideration and be
governed by the practical time limitations Any candi-
date seeking to qualify by the petition process in a
special primary election shall obtain 25 percent of the
signatures required by s. 99 095
(d) The qualifying fees and party assessments of
such candidates as may qualify shall be the same as
collected for the same office at the last previous primary
for that office. The party assessment shall be paid to the
appropriate executive committee of the political party to
which the candidate belongs
(e) Each county canvassing board shall make as
speedy a return of the result of such special primary
elections and special elections as time will permit, and
the Elections Canvassing Commission likewise shall
make as speedy a canvass and declaration of the
nominees as time will permit.
(4)(a) In the event that death, resignation, with-
drawal, removal, or any other cause or event should
cause a party to have a vacancy in nomination which
leaves no candidate for an office from such party, the
Department of State shall notify the chair of the
appropriate state, district, or county political party
executive committee of such party; and within 5
clays, the chair shall call a meeting of his or her
executive committee to consider designation of a
nominee to fill the vacancy. The name of any person
so designated shall be submitted to the Department of
State within 7 days after notice to the chair in order that
the person designated may have his or her name on the
ballot of the ensuing general election. If the name of the
new nominee is submitted after the certification of
results of the preceding primary election, however
the ballots shall not be changed and the former party
nominee s name will appear on the ballot. Any ballots
cast for the former party nominee will be counted for the
person designated by the political party to replace the
former party nominee. If there is no opposition to the
party nominee, the person designated by the political
party to replace the former party nominee will be elected
to office at the general election. For purposes of this
paragraph the term "district political party executive
committee' means the members of the state executive
committee of a political party from those counties
comprising the area involving a district office.
(b) When, under the circumstances set forth in the
preceding paragraph, vacancies in nomination are
required to be filled by committee nominations, such
vacancies shall be filled by party rule. In any instance in
which a nominee is selected by a committee to fill a
vacancy in nomination such nominee shall pay the
same filing fee and take the same oath as the nominee
would have taken had he or she regularly qualified for
election to such office.
33
(c) Any person who, at the close of qualifying as
prescribed in ss. 99.061 and 105.031, was qualified for
nomination or election to or retention in a public office to
be filled at the ensuing general election is prohibited
from qualifying as a candidate to fill a vacancy in
nomination for any other office to be filled at that general
e lection, even if such person has withdrawn or been
e liminated as a candidate for the original office sought.
However, this paragraph does not apply to a candidate
for the office of Lieutenant Governor who applies to fill a
vacancy in nomination for the office of Governor on the
same ticket or to a person who has withdrawn or been
eliminated as a candidate and who is subsequently
designated as a candidate for Lieutenant Governor
u nder s 99.063.
(5) In the event of unforeseeable circumstances not
contemplated in these general election laws concerning
the calling and holding of special primary elections and
special elections resulting from court order or other
u npredictable circumstances, the Department of State
shall have the authority to provide for the conduct of
o rderly elections.
History. -s. 4, ch. 26870,1951; s. 16, ch. 28156,1953; s. 1, ch. 29938, 1955; s.
1, ch. 57.91; s. 1, ch. 59-139; s. 2, ch. 65-240; ss. 10, 35, ch. 69-106; s. 1, ch.
73.191; s. 1, ch. 74-120; s. 12, ch. 77-175; s. 30, ch. 79-400; s.4, ch. 83-15; s.1, ch.
83-149; s. 15, ch. 89-338; s. 3, ch. 90-229; s. 13, ch. 90-315; s. 546, ch. 95.147; s. 1,
ch. 95-197; s. 5, ch. 99-140; s. 12, ch. 99-318; s. 20, ch. 2005-277; s. 13, ch.
2005-286; s. 23, ch. 2007-30.
100.141 Notice of special election to fill any
vacancy in office. -
(1) Whenever a special election is required to fill any
vacancy in office, the Governor, after consultation with
the Secretary of State, shall issue an order declaring on
what day the election shall be held and deliver the order
to the Department of State.
(2) The Department of State shall prepare a notice
stating what offices are to be filled in the special
election the datessetfor the special primary election
and the special election, the dates fixed for qualifying for
office, the dates fixed for qualifying by the petition
process pursuant to s. 99.095, and the dates fixed for
filing campaign expense statements.
(3) The department shall deliver a copy of such
notice to the supervisor of elections of each county in
which the special election is to be held The supervisor
shall have the notice published two times in a news-
paper of general circulation in the county at least 10
days prior to the first day set for qualifying for office. If
such a newspaper is not published within the period set
forth, the supervisor shall post at least five copies of the
notice in conspicuous places in the county not less than
10 days prior to the first date set for qualifying.
History. -s. 6, ch 3879, 1889; RS 160; s. 7, ch. 4328,1895; GS 177; FIGS 221;
CGL 256;s.3,ch. 25383,1949•s.1, ch. 26329,1949;s.4,ch. 26870,1951;ss 10,
35, ch. 69-106; s. 12 ch. 77-175; s. 14, ch. 90-315; s. 13, ch. 99-318; s. 21, ch.
2005-277; s. 14, ch. 2005-286.
Note. -Former s. 98.10.
100.151 Special elections called by local gov-
erning bodies, notice. -County commissioners or the
governing authority of a municipality shall not call any
special e ection until notice is given to the supervisor of
elections and his or her consent obtained as to a date
when the registration books can be available.
History. -s. 4, ch. 26870, 1951; s. 2, ch. 65.60; s. 16, ch. 89-338; s. 547, ch.
95 147.
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS
100.161 Filling vacancy of United States Sena-
tors -Should a vacancy happen in the representation
of this state in the Senate of the United States, the
Governor shall issue a writ of election to fill such
vacancy at the next general election; and the Governor
may make a temporary appointment until the vacancy is
filled by election
History. -s. 4, ch. 26870, 1951; s. 17, ch. 28156, 1953; s. 12, ch. 77-175.
100.181 Determination of person elected. The
person receiving the highest number of votes cast in a
general or special election for an office shall be elected
to the office. In case two or more persons receive an
equal and highest number of votes for the same office,
such persons shall draw lots to determine who shall be
elected to the office
History. -s. 7, ch. 20872, 1941; s. 4, ch. 26329, 1949; s. 4, ch. 26870,1951; s.
24, ch. 77 104; s. 12, ch. 77-175.
Note. -Former s. 98.49.
100.191 General election laws applicable to
special elections; returns -All laws that are applic-
able to general elections are applicable to special
elections or special primary elections to fill a vacancy
in office or nomination. The Elections Canvassing
Commission shall immediately, upon receipt of returns
from the county in which a special election is held,
proceed to canvass the returns and determine and
declare the result thereof.
History. -s. 6, ch. 20872, 1941; s 4, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s.
12, ch. 77-175; s. 24, ch. 2007-30.
Note. -Former s. 98.48.
100.201 Referendum required before issuing
bonds. -Whenever any county, district or municipality
is by law given power to issue bonds which are required
to be approved by referendum, such bonds shall be
issued only after the same have been approved by the
majority of votes rast by those persons eligible to vote in
such referendum. The election costs of such referen-
dum shall be paid in whole or in part, as the case may
be, out of the county, district, or municipal treasury.
History. -s.1, ch. 14715 1931 CGL 1936 Supp. 457(1); s. 4, ch. 26870,1951;
s. 3, ch. 69-377 s. 12, ch. 77-175 s. 7, ch. 87-363.
Note. -Former s. 103.01
100.211 Power to call bond referendum• notice
required. -The board of county commissioners or the
governing authority of any district or municipality may
call a bond referendum under this code. In the event any
referendum is called to decide whether a majority of the
electors participating are in favor of the issuance of
bonds in the county, district, or municipality, the board of
county commissioners, or the governing authority of the
municipality or district shall by resolution order the bond
referendum to be held in the county district, or
municipality and shall give notice of the election in the
manner prescribed by s. 100.342.
History. -s. 2, ch. 14715,1931; CGL 1936 Supp. 457(2); s. 4, ch. 26870,1951;
s. 4, ch. 69-377; s. 12, ch. 77-175.
Note. -Former s. 103.02.
100.221 General election laws to govern bond
referenda. -The laws governing the holding of general
elections are applicable to bond referenda, except as
provided in ss. 100.201-100.351. A county, district, or
municipality is not required to offer early voting for a
34
F.S. 2010
bond referendum that is not held in conjunction with a
county or state election. The places for voting in a bond
referendum shall be the same as the places for voting in
general elections when a bond referendum is held in the
county or district; however, when a bond referendum is
held in a municipality, the polling places shall be the
same as in other municipal elections.
History. -s. 8, ch. 14715,1931; CGL 1936 Supp. 457(8); s. 4, ch. 26870, 1951;
s. 12, ch. 77-175; s. 12, ch. 2008-95.
Note. -Former s. 103.08.
100.241 Freeholder voting; election; penalties
for ineligible persons who vote as freeholders
(1) In any election or referendum in which only
electors who are freeholders are qualified to vote, the
regular registration books covering the precincts located
within the geographical area in which the election or
referendum is to be held shall be used.
(2) Qualification and registration of electors partici-
pating in such an election or referendum shall be the
same as prescribed for voting in other elections under
this code, and, in addition, each such elector shall
submit proof by affidavit made before an inspector that
the elector is a freeholder who is a qualified elector
residing in the county, district, or municipality in which
the election or referendum is to be held.
(3) Each registered elector who makes a sworn
affidavit of ownership to the inspectors giving either a
legal description, address or location of property in the
elector's name which is not wholly exempt from taxation
shall be entitled to vote in the election or referendum
and shall be considered a freeholder.
(4) The actual costs of conducting such freeholders'
election or referendum shall be paid by the county,
district, or municipality requiring the same to be held.
(5) It is unlawful for any person to vote in any county,
district, or other election or referendum which is limited
to a vote of the electors who are freeholders, unless
such person is a freeholder and a qualified elector. Any
person who violates the provisions of this subsection is
guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History. -s. 1, ch. 9294, 1923; CGL 250; ss 4, 6, 14, ch. 14715, 1931; CGL
1936 Supp. 457(4), (6), (14); s. 7, ch. 22858, 1945; s. 4, ch. 26870, 1951; s. 1, ch.
61-332; s. 5, ch. 65-240; s. 5, ch. 69-377; s. 12, ch. 77-175; s. 2, ch. 91-224; s. 548,
ch. 95-147.
Note. -Former ss. 98.03, 103.04, 103.06, 103.14.
100.261 Holding bond referenda with other elec-
tions -Whenever any bond referendum is called, it
shall be lawful for any county district, or municipality to
hold such bond referendum on the day of any state,
county, or municipal primary or general election, or on
the day of any election of such county, district, or
municipality for any purpose other than the purpose of
voting on such bonds. If such bond referendum is held
concurrently with a regularly scheduled election, the
county, district or municipality shall pay only its pro rata
share of election costs directly related to the bond
referendum. However nothing in this section shall
prohibit the holding of a special or separate bond
referendum.
History. -s.1, ch. 22545,1945; s. 4, ch. 26870,1951; s.19, ch. 28156, 1953; s.
12, ch. 77-175; s. 8, ch. 87-363.
Note. -Former s. 103.21.
F.S. 2010
GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
100.271 Inspectors, clerk, duties; return and
canvass of referendum recorded. -In any bond
referendum, unless the referendum is held in connec-
tion with a regular or special state, county or municipal
election, at least two inspectors and one clerk shall be
appointed and qualified, as in cases of general elec-
tions, and they shall canvass the vote cast and make
due returns of same without delay. Any bond refer-
endum held in a municipality shall be returned to and
canvassed by the governing authority which called the
referendum, but in any county or district the returns shall
be made to the board of county commissioners. The
board of county commissioners or, in the case of a
municipality, the governing authority thereof, shall
canvass the returns and declare the result and have
same recorded in the minutes of the board of county
commissioners or, in the case of a district, the
certificate of declaration of result shall be recorded in
the minutes of the governing authority of such district,
or, in the case of a municipality, the result shall be
recorded in the minutes of the governing authority of the
municipality. If any bond referendum is held in conjunc-
tion with any other election however, the officials
responsible for the canvass of such election shall also
canvass the returns of the referendum and certify the
same to the proper governing body
History. -s. 10 ch. 14715, 1931; CGL 1936 Supp. 457(10); s. 4, ch. 26870,
1951; s. 12, ch. 77 175.
Note. -Former s. 103.10.
100 281 Approval to issue bonds. -Should a
majority of the votes cast in a bond referendum be in
favor of the issuance of bonds, then the issuance of said
bonds is deemed authorized in accordance with s. 12
Art. VII of the State Constitution. In the event less than a
majority of those voting on the issue voted in favor of the
issuance of the proposed bonds, then the issuance of
those specified bonds shall be deemed to have failed of
approval and it is unlawful to issue or attempt to issue
said bonds.
History. -s. 12, ch. 14715, 1931; CGL 1936 Supp. 457(12); s. 4. ch. 26870,
1951; s. 15, ch. 69-216; s. 7, ch. 69-377; s. 12, ch. 77-175.
Note. -Former s. 103.12.
100.291 Record results of election prima facie
evidence -Whenever any bond referendum is called
and held, and the minutes have been recorded as
provided in s. 100 271 and also a separate finding as to
the total number of votes cast in the referendum, both in
favor and against the approval of bonds, then a duly
certified copy of the finding shall be admissible as prima
facie evidence in all state courts of the truth, including
the regularity, of the call, conduct, and holding of the
referendum at the time and place specified
History. -s. 17, ch 14715, 1931; CGL 1936 Supp. 457(15) s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note. -Former s. 103.17.
100.301 Refunding bonds excluded -Sections
100.201-100.351 shall not apply to refunding bonds,
and wherever the word "bond" or "bonds" is used in
these sections it shall be construed to exclude refunding
bonds but if the statute, ordinance or resolution under
which refunding bonds are authorized or are to be
issued requires a referendum to determine whether
such refunding bonds shall be issued, the referendum
may be held as provided by ss. 100.201-100 351.
History. -s. 21112, ch. 14715, 1931 CGL 1936 Supp. 457(19); s 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note. Former s. 103.20.
35
100.311 Local law governs bond election held
by municipalities. -No section of this code controlling
or regulating bond referenda shall be deemed to repeal
or modify any provision contained in any local law
relating to bond referenda held by any municipality, but
ss. 100.201-100.351 shall be deemed additional and
supplementary to any such local law
History. -s. 21, ch. 14715, 1931; CGL 1936 Supp. 457(18); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note. -Former s. 103.19.
100.321 Test suit. Any taxpayer of the county,
district, or municipality wherein bonds are declared to
have been authorized shall have the right to test the
legality of the referendum and of the declaration of the
result thereof, by an action in the circuit court of the
county in which the referendum was held. The action
shall be brought against the county commissioners in
the case of a county or district referendum, or against
the governing authority of the municipality in the case of
a municipal referendum. In case any such referendum
or the declaration of results thereof shall be adjudged to
be illegal and void in any such suit, the judgment shall
have the effect of nullifying the referendum. No suit shall
be brought to test the validity of any bond referendum
unless the suit shall be instituted within 60 days after the
declaration of the results of the referendum In the event
proceedings shall be filed in any court to validate the
bonds, which have been voted for, then any such
taxpayer shall be bound to intervene in such validation
suit and contest the validity of the holding of the
referendum or the declaration of the results thereof in
which event the exclusive jurisdiction to determine the
legality of such referendum or the declaration of the
results thereof shall be vested in the court hearing and
determining said validation proceedings If said bonds in
the validation proceedings shall be held valid on final
hearing or an intervention by the taxpayer shall be
interposed and held not to have been sustained, then
the judgment in said validation proceedings shall be
final and conclusive as to the legality and validity of the
referendum and of the declaration of the results thereof,
and no separate suit to test the same shall be thereafter
permissible.
History. -s. 18, ch. 14715, 1931; CGL 1936 Supp. 457(16); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note. -Former s. 103.18.
100.331 Referendum for defeated bond issue.
If any bond referendum is called and held for approving
the issuance of bonds for a particular purpose and such
referendum does not result in the approval of the bonds,
then no other referendum for the approval of bonds for
the same purpose shall be called for at least 6 months.
History. -s. 13, ch. 14715, 1931; CGL 1936 Supp. 457 (13); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note. -Former s. 103.13.
100.341 Bond referendum ballot. -The ballots
used in bond referenda shall include a printed descrip-
tion of the issuance of bonds to be voted on as
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS
prescribed by the authority calling the referendum. A
separate statement of each issue of bonds to be
approved, giving the amount of the bonds and interest
rate thereon, together with other details necessary to
inform the electors, shall be printed on the ballots in
connection with the question "For Bonds" and "Against
Bonds.'
History—s. 11, ch. 14715, 1931; CGL 1936 Supp. 457(11); s. 4, ch. 26870,
1951; s. 12, ch. 77-175; s. 4, ch. 2001-40.
Note.—Formers. 103.11.
100.342 Notice of special election or referen-
dum in any special election or referendum not
otherwise provided for there shall be at least 30 days
notice of the election or referendum by publication in a
newspaper of general circulation in the county, district,
o r municipality as the case may be. The publication
shall be made at least twice once in the fifth week and
once in the third week prior to the week in which the
e lection or referendum is to be held. If there is no
n ewspaper of general circulation in the county, district,
o r municipality, the notice shall be posted in no less than
five places within the territorial limits of the county,
district, or municipality
History.—s. 1, ch. 59 335, s. 2, ch. 65-60; s. 12, ch. 77-175.
100.351 Referendum election; certificate of re-
sults to Department of State.—Whenever an election
is held under a referendum provision of an act of the
Legislature the election officials of the governmental
u nit in which the election is held shall certify the results
thereof to the Department of State, which shall enter
such results upon the official record of the act requiring
such election on file in the office of the Department of
State.
History.—s.1, ch. 25438, 1949; s. 4, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s.
12, ch. 77-175.
Note.—Former s. 99.59.
100.3605 Conduct of municipal elections.
(1) The Florida Election Code, chapters 97-106,
shall govern the conduct of a municipality s election in
the absence of an applicable special act, charter, or
o rdinance provision. No charter or ordinance provision
shall be adopted which conflicts with or exempts a
municipality from any provision in the Florida Election
Code that expressly applies to municipalities.
(2) The governing body of a municipality may, by
o rdinance, change the dates for qualifying and for the
election of members of the governing body of the
municipality and provide for the orderly transition of
office resulting from such date changes
History.—s. 2, ch. 95-178.
100.361 Municipal recall.—
(1) APPLICATION; DEFINITION.—Any member of
the governing body of a municipality or charter county
hereinafter referred to in this section as 'municipality,'
may be removed from office by the electors of the
municipality When the official represents a district and
is elected only by electors residing in that district, only
electors from that district are eligible to sign the petition
to recall that official and are entitled to vote in the recall
election. When the official represents a district and is
elected at -large by the electors of the municipality, all
36
F.S. 2010
electors of the municipality are eligible to sign the
petition to recall that official and are entitled to vote in
the recall election Where used in this section the term
'district" shall be construed to mean the area or region
of a municipality from which a member of the governing
body is elected by the electors from such area or region.
Members may be removed from office pursuant to the
procedures provided in this section. This method of
removing members of the governing body of a munici-
pality is in addition to any other method provided by
state law.
(2) RECALL PETITION.—
(a) Petition content.—A petition shall contain the
n ame of the person sought to be recalled and a
statement of grounds for recall The statement of
grounds may not exceed 200 words, and the stated
grounds are limited solely to those specified in para-
graph (d). If more than one member of the governing
body is sought to be recalled, whether such member is
elected by the electors of a district or by the electors of
the municipality at -large, a separate recall petition shall
be prepared for each member sought to be recalled
Upon request the content of a petition should be, but is
n ot required to be, provided by the proponent in
alternative formats.
(b) Requisite signatures. -
1. In a municipality or district of fewer than 500
electors, the petition shall be signed by at least 50
electors or by 10 percent of the total number of
registered electors of the municipality or district as of
the preceding municipal election, whichever is greater.
2 In a municipality or district of 500 or more but
fewer than 2,000 registered electors, the petition shall
be signed by at least 100 electors or by 10 percent of the
total number of registered electors of the municipality or
district as of the preceding municipal election which-
ever is greater.
3. In a municipality or district of 2,000 or more but
fewer than 5,000 registered electors the petition shall
be signed by at least 250 electors or by 10 percent of the
total number of registered electors of the municipality or
district as of the preceding municipal election, which-
ever is greater.
4. In a municipality or district of 5,000 or more but
fewer than 10,000 registered electors, the petition shall
be signed by at least 500 electors or by 10 percent of the
total number of registered electors of the municipality or
district as of the preceding municipal election which-
ever is greater.
5. In a municipality or district of 10 000 or more but
fewer than 25,000 registered electors, the petition shall
be signed by at least 1,000 electors or by 10 percent of
the total number of registered electors of the munici-
pality or district as of the preceding municipal election,
whichever is greater.
6. In a municipality or district of 25,000 or more
registered electors, the petition shall be signed by at
least 1,000 electors or by 5 percent of the total number
of registered electors of the municipality or district as of
the preceding municipal election, whichever is greater
All signatures shall be obtained, as provided in para-
graph (e), within a period of 30 days, and all signed and
F.S. 2010
GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
dated petition forms shall be filed at the same time, no
later than 30 days after the date on which the first
signature is obtained on the petition.
(c) Recall committee.—Electors of the municipality
or district making charges contained in the statement of
grounds for recall, as well as those signing the recall
petition, shall be designated as the recall committee. A
specific person shall be designated in the petition as
chair of the committee, and this person shall act for the
committee. The recall committee and the officer being
recalled are subject to the provisions of chapter 106.
(d) •Grounds for recall.—The grounds for removal of
elected municipal officials shall, for the purposes of this
act, be limited to the following and must be contained in
the petition:
1. Malfeasance;
2. Misfeasance;
3. Neglect of duty;
4. Drunkenness;
5. Incompetence;
6. Permanent inability to perform official duties; and
7. Conviction of a felony involving moral turpitude.
(e) Signature process.—Only electors of the muni-
cipality or district are eligible to sign the petition. Each
elector signing a petition shall sign and date his or her
name in ink or indelible pencil Each petition shall
contain appropriate lines for each elector's original
signature printed name, street address, city, county,
voter registration number or date of birth, and date
signed. The form shall also contain lines for an oath, to
be executed by a witness who is to verify the fact that
the witness saw each person sign the counterpart of the
petition, that each signature appearing thereon is the
genuine signature of the person it purports to be, and
that the petition was signed in the presence of the
witness on the date indicated.
(f) Filing of signed petitions. All signed petition
forms shall be filed at the same time no later than 30
days after the date on which the first signature is
obtained on the petition. The person designated as chair
of the committee shall file the signed petition forms with
the auditor or clerk of the municipality or charter county,
or his or her equivalent, hereinafter referred to as
'clerk." The petition may not be amended after it is
filed with the clerk.
(g) Verification of signatures. -
1 Immediately after the filing of the petition forms,
the clerk shall submit such forms to the county super-
visor of elections. No more than 30 days after the date
on which all petition forms are submitted to the super-
visor by the clerk, the supervisor shall promptly verify
the signatures in accordance with s 99.097, and
determine whether the requisite number of valid signa-
tures has been obtained for the petition. The committee
seeking verification of the signatures shall pay in
advance to the supervisor the sum of 10 cents for
each signature checked or the actual cost of checking
such signatures, whichever is less.
2 Upon filing with the clerk, the petition and all
subsequent papers or forms required or permitted to be
filed with the clerk in connection with this section must,
upon request, be made available in alternative formats
by the clerk.
37
3. If the supervisor determines that the petition
does not contain the requisite number of verified and
valid signatures, the clerk shall, upon receipt of such
written determination, so certify to the governing body of
the municipality or charter county and file the petition
without taking further action, and the matter shall be at
an end. No additional names may be added to the
petition, and the petition shall not be used in any other
proceeding.
4. If the supervisor determines that the petition has
the requisite number of verified and valid signatures,
then the procedures outlined in subsection (3) must be
followed.
(3) RECALL PETITION AND DEFENSE.
(a) Notice —Upon receipt of a written determination
that the requisite number of signatures has been
obtained, the clerk shall at once serve upon the person
sought to be recalled a certified copy of the petition.
Within 5 days after service, the person sought to be
recalled may file with the clerk a defensive statement of
not more than 200 words.
(b) Content and preparation.—Within 5 days after
the date of receipt of the defensive statement or after
the last date a defensive statement could have been
filed, the clerk shall prepare a document entitled "Recall
Petition and Defense.' The "Recall Petition and De-
fense" shall consist of the recall petition, including
copies of the originally signed petitions and counter-
parts. The 'Recall Petition and Defense" must contain
lines which conform to the provisions of paragraph
(2)(e), and the defensive statement or, if no defensive
statement has been filed, a statement to that effect. The
clerk shall make copies of the "Recall Petition and
Defense" which are sufficient to carry the signatures of
30 percent of the registered electors. Immediately after
preparing and making sufficient copies of the ' Recall
Petition and Defense,' the clerk shall deliver the copies
to the person designated as chair of the committee and
take his or her receipt therefor.
(c) Requisite signatures.—Upon receipt of the "Re-
call Petition and Defense," the committee may circulate
them to obtain the signatures of 15 percent of the
electors. All signatures shall be obtained and all signed
petition forms filed with the clerk no later than 60 days
after delivery of the 'Recall Petition and Defense" to the
chair of the committee.
(d) Signed petitions* request for striking name—
The clerk shall assemble all signed petitions, check to
see that each petition is properly verified by the oath of a
witness and submit such petitions to the county
supervisor of elections. Any elector who signs a recall
petition has the right to demand in writing that his or her
name be stricken from the petition. A written demand
signed by the elector shall be filed with the clerk, and
upon receipt of the demand, the clerk shall strike the
name of the elector from the petition and place his or her
initials to the side of the signature stricken. However a
signature may not be stricken after the clerk has
delivered the "Recall Petition and Defense' to the
supervisor for verification of the signatures.
(e) Verification of signatures.—Within 30 days after
receipt of the signed "Recall Petition and Defense," the
supervisor shall determine the number of valid
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS
signatures, purge the names withdrawn, and certify
whether 15 percent of the qualified electors of the
municipality have signed the petitions. The supervisor
shall be paid by the persons or committee seeking
verification the sum of 10 cents for each name checked
(f) Reporting.—If the supervisor determines that the
requisite number of signatures has not been obtained,
the clerk shall, upon receipt of such written determina-
tion, certify such determination to the governing body
and retain the petitions. The proceedings shall be
terminated, and the petitions shall not again be used.
If the supervisor determines that at least 15 percent of
the qualified electors signed the petition, the clerk shall
immediately upon receipt of such written determination
serve notice of that determination upon the person
sought to be recalled and deliver to the governing body
a certificate as to the percentage of qualified electors
who signed.
(4) RECALL ELECTION.—If the person designated
in the petition files with the clerk, within 5 days after the
last-mentioned notice his or her written resignation, the
clerk shall at once notify the governing body of that fact
and the resignation shall be irrevocable. The governing
body shall then proceed to fill the vacancy according to
the provisions of the appropriate law. In the absence of
a resignation, the chief judge of the judicial circuit in
which the municipality is located shall fix a day for
holding a recall election for the removal of those not
resigning. Any such election shall be held not less than
30 days or more than 60 days after the expiration of the
5 -day period last-mentioned and at the same time as
any other general or special election held within the
period; but if no such election is to be held within that
period, the judge shall call a special recall election to be
held within the period aforesaid.
(5) BALLOTS.—The ballots at the recall election
shall conform to the following: With respect to each
person whose removal is sought, the question shall be
submitted: "Shall be removed from the office of
by recall?" Immediately following each question
there shall be printed on the ballots the two propositions
in the order here set forth:
(name of oersonl should be removed from office."
(name of oerson) should not be removed from office."
(6) FILLING OF VACANCIES; SPECIAL ELEC-
TIONS.—
(a) If an election is held for the recall of members
elected only at -Targe, candidates to succeed them for
the unexpired terms shall be voted upon at the same
election and shall be elected in the same manner as
provided by the appropriate law for the election of
candidates at general elections Candidates shall not be
elected to succeed any particular member. If only one
member is removed, the candidate receiving the highest
number of votes shall be declared elected to fill the
vacancy. If more than one member is removed,
candidates equal in number to the number of members
removed shall be declared elected to fill the vacancies
and among the successful candidates those receiving
the greatest number of votes shall be declared elected
for the longest terms. Cases of ties and all other
matters not herein specially provided for shall be
determined by the rules governing elections generally
38
F.S. 2010
(b) If an election is held for the recall of members
elected only from districts, candidates to succeed them
for the unexpired terms shall be voted upon at a special
election called by the chief judge of the judicial circuit in
which the districts are located not Tess than 30 days or
more than 60 days after the expiration of the recall
election. The qualifying period, for purposes of this
section, shall be established by the chief judge of the
judicial circuit after consultation with the clerk. Any
candidate seeking election to fill the unexpired term of a
recalled district municipal official shall reside in the
district represented by the recalled official and qualify for
office in the manner required by law. Each candidate
receiving the highest number of votes for each office in
the special district recall election shall be declared
elected to fill the unexpired term of the recalled official
Candidates seeking election to fill a vacancy created by
the removal of a municipal official shall be subject to the
provisions of chapter 106
(c) When an election is held for the recall of
members of the governing body composed of both
members elected at -large and from districts, candidates
to succeed them for the unexpired terms shall be voted
upon at a special election as provided in paragraph (b)
(d) However, in any recall election held pursuant to
paragraph (b) or paragraph (c) if only one member is
voted to be removed from office the vacancy created by
the recall shall be filled by the governing body according
to the provisions of the appropriate law for filling
vacancies.
(7) EFFECT OF RESIGNATIONS.—If the member
of the governing body being recalled resigns from office
prior to the recall election, the remaining members shall
fill the vacancy created according to the appropriate law
for filling vacancies. If all of the members of the
governing body are sought to be recalled and all of
the members resign prior to the recall election, the recall
election shall be canceled, and a special election shall
be called to fill the unexpired terms of the resigning
members. If all of the members of the governing body
are sought to be recalled and any of the members resign
prior to the recall election, the proceedings for the recall
of members not resigning and the election of succes-
sors to fill the unexpired terms shall continue and have
the same effect as though there had been no resigna-
tion.
(8) WHEN PETITION MAY BE FILED.—No petition
to recall any member of the governing body of a
municipality shall be filed until the member has served
one-fourth of his or her term of office. No person
removed by a recall, or resigning after a petition has
been filed against him or her, shall be eligible to be
appointed to the governing body within a period of 2
years after the date of such recall or resignation.
(9) RETENTION OF PETITION.—The clerk shall
preserve in his or her office all papers comprising or
connected with a petition for recall for a period of 2 years
after they were filed.
(10) OFFENSES RELATING TO PETITIONS.—No
person shall impersonate another purposely write his or
her name or residence falsely in the signing of any
petition for recall or forge any name thereto, or sign any
paper with knowledge that he or she is not a qualified
F.S. 2010
GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
elector of the municipality. No person shall employ or
pay another to accept employment or payment for
circulating or witnessing a recall petition. Any person
violating any of the provisions of this section commits a
misdemeanor of the second degree and shall, upon
conviction, be punished as provided by law.
(11) INTENT.—It is the intent of the Legislature that
the recall procedures provided in this act shall be
uniform statewide. Therefore, all municipal charter
and special law provisions which are contrary to the
provisions of this act are hereby repealed to the extent
of this conflict
(12) PROVISIONS APPLICABLE.—The provisions
of this act shall apply to cities and charter counties
whether or not they have adopted recall provisions
History.—ss. 1, 2, ch. 74-130; s. 1, ch. 77-174; s. 12, ch. 77-175; s. 1, ch.
77 279 s. 1, ch. 81-312 s. 20, ch. 83-217; s. 17, ch. 89-338; s. 15, ch. 90-315; s.
549, ch. 95-147; s. 14, ch. 95-280; s. 1, ch. 2000-249; s, 5, ch. 2001-40; s. 8, ch.
2002-281; s. 13, ch. 2008-95.
100.371 Initiatives; procedure for placement on
bol
(1) Constitutional Constitutional amendments proposed by initia-
tive shall be placed on the ballot for the general election,
provided the initiative petition has been filed with the
Secretary of State no later than February 1 of the year
the general election is held. A petition shall be deemed
to be filed with the Secretary of State upon the date the
secretary determines that valid and verified petition
forms have been signed by the constitutionally required
number and distribution of electors under this code
subject to the right of revocation established in this
section.
(2) The sponsor of an initiative amendment shall
prior to obtaining any signatures, register as a political
committee pursuant to s. 106.03 and submit the text of
the proposed amendment to the Secretary of State, with
the form on which the signatures will be affixed, and
shall obtain the approval of the Secretary of State of
such form. The Secretary of State shall adopt rules
pursuant to s. 120.54 prescribing the style and require-
ments of such form. Upon filing with the Secretary of
State, the text of the proposed amendment and all forms
filed in connection with this section must, upon request,
be made available in alternative formats.
(3) An initiative petition form circulated for signature
may not be bundled with or attached to any other
petition. Each signature shall be dated when made and
shall be valid for a period of 4 years following such date
provided all other requirements of law are met. The
sponsor shall submit signed and dated forms to the
appropriate supervisor of elections for verification as to
the number of registered electors whose valid signa-
tures appear thereon. The supervisor shall promptly
verify the signatures within 30 days of receipt of the
petition forms and payment of the fee required by s.
99 097. The supervisor shall promptly record in the
manner prescribed by the Secretary of State the date
each form is received by the supervisor, and the date
the signature on the form is verified as valid. The
supervisor may verify that the signature on a form is
valid only if:
(a) The form contains the original signature of the
purported elector.
39
(b) The purported elector has accurately recorded
on the form the date on which he or she signed the form.
(c) The form accurately sets forth the purported
elector's name, street address, county, and voter
registration number or date of birth.
(d) The purported elector is, at the time he or she
signs the form a duly qualified and registered elector
authorized to vote in the county in which his or her
signature is submitted.
The supervisor shall retain the signature forms for at
least 1 year following the election in which the issue
appeared on the ballot or until the Division of Elections
notifies the supervisors of elections that the committee
which circulated the petition is no longer seeking to
obtain ballot position.
(4) The Secretary of State shall determine from the
signatures verified by the supervisors of elections the
total number of verified valid signatures and the
distribution of such signatures by congressional dis-
tricts. Upon a determination that the requisite number
and distribution of valid signatures have been obtained,
the secretary shall issue a certificate of ballot position
for that proposed amendment and shall assign a
designating number pursuant to s. 101.161
(5)(a) Within 45 days after receipt of a proposed
revision or amendment to the State Constitution by
initiative petition from the Secretary of State, the
Financial Impact Estimating Conference shall complete
an analysis and financial impact statement to be placed
on the ballot of the estimated increase or decrease in
any revenues or costs to state or local governments
resulting from the proposed initiative. The Financial
Impact Estimating Conference shall submit the financial
impact statement to the Attorney General and Secretary
of State.
(b) The Financial Impact Estimating Conference
shall provide an opportunity for any proponents or
opponents of the initiative to submit information and
may solicit information or analysis from any other
entities or agencies, including the Office of Economic
and Demographic Research.
(c) All meetings of the Financial Impact Estimating
Conference shall be open to the public. The President of
the Senate and the Speaker of the House of Repre-
sentatives, jointly, shall be the sole judge for the
interpretation, implementation, and enforcement of
this subsection.
1. The Financial Impact Estimating Conference is
established to review, analyze, and estimate the
financial impact of amendments to or revisions of the
State Constitution proposed by initiative. The Financial
Impact Estimating Conference shall consist of four
principals: one person from the Executive Office of
the Governor; the coordinator of the Office of Economic
and Demographic Research, or his or her designee; one
person from the professional staff of the Senate; and
one person from the professional staff of the House of
Representatives. Each principal shall have appropriate
fiscal expertise in the subject matter of the initiative. A
Financial Impact Estimating Conference may be ap-
pointed for each initiative.
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS
2. Principals of the Financial Impact Estimating
Conference shall reach a consensus or majority con-
currence on a clear and unambiguous financial impact
statement, no more than 75 words in length, and
immediately submit the statement to the Attorney
General Nothing in this subsection prohibits the Finan-
cial Impact Estimating Conference from setting forth a
range of potential impacts in the financial impact
statement. Any financial impact statement that a court
finds not to be in accordance with this section shall be
remanded solely to the Financial Impact Estimating
Conference for redrafting The Financial Impact Esti-
mating Conference shall redraft the financial impact
statement within 15 days.
3. If the members of the Financial Impact Estimat-
ing Conference are unable to agree on the statement
required by this subsection, or if the Supreme Court has
rejected the initial submission by the Financial Impact
Estimating Conference and no redraft has been ap-
proved by the Supreme Court by 5 p m. on the 75th day
before the election, the following statement shall appear
on the ballot pursuant to s. 101.161(1): "The financial
impact of this measure, if any, cannot be reasonably
determined at this time."
(d) The financial impact statement must be sepa-
rately contained and be set forth after the ballot
summary as required in s. 101.161(1).
(e)1. Any financial impact statement that the Su-
preme Court finds not to be in accordance with this
subsection shall be remanded solely to the Financial
Impact Estimating Conference for redrafting, provided
the court's advisory opinion is rendered at least 75 days
before the election at which the question of ratifying the
amendment will be presented. The Financial Impact
Estimating Conference shall prepare and adopt a
revised financial impact statement no later than 5
p.m. on the 15th day after the date of the col irt's opinion.
2. If, by 5 p.m. on the 75th day before the election,
the Supreme Court has not issued an advisory opinion
on the initial financial impact statement prepared by the
Financial Impact Estimating Conference for an initiative
amendment that otherwise meets the legal require-
ments for ballot placement, the financial impact state-
ment shall be deemed approved for placement on the
ballot.
3. In addition to the financial impact statement
required by this subsection, the Financial Impact
Estimating Conference shall draft an initiative financial
information statement. The initiative financial informa-
tion statement should describe in greater detail than the
financial impact statement any projected increase or
decrease in revenues or costs that the state or local
governments would likely experience if the ballot
measure were approved. If appropriate, the initiative
financial information statement may include both esti-
mated dollar amounts and a description placing the
estimated dollar amounts into context. The initiative
financial information statement must include both a
summary of not more than 500 words and additional
detailed information that includes the assumptions that
were made to develop the financial impacts, work-
papers, and any other information deemed relevant by
the Financial Impact Estimating Conference.
F.S. 2010
4. The Department of State shall have printed, and
shall furnish to each supervisor of elections, a copy of
the summary from the initiative financial information
statements. The supervisors shall have the summary
from the initiative financial information statements
available at each polling place and at the main office
of the supervisor of elections upon request.
5. The Secretary of State and the Office of Eco
nomic and Demographic Research shall make available
on the Internet each initiative financial information
statement in its entirety. In addition, each supervisor
of elections whose office has a website shall post the
summary from each initiative financial information
statement on the website. Each supervisor shall include
the Internet addresses for the information statements on
the Secretary of State's and the Office of Economic and
Demographic Research's websites in the publication or
mailing required by s. 101.20.
(6)(a) An elector's signature on a petition form may
be revoked within 150 days of the date on which he or
she signed the petition form by submitting to the
appropriate supervisor of elections a signed petition -
revocation form.
(b) The petition -revocation form and the manner in
which signatures are obtained, submitted, and verified
shall be subject to the same relevant requirements and
timeframes as the corresponding petition form and
processes under this code and shall be approved by
the Secretary of State before any signature on a
petition -revocation form is obtained.
(c) In those circumstances in which a petition -
revocation form for a corresponding initiative petition
has not been submitted and approved, an elector may
complete and submit a standard petition -revocation
form directly to the supervisor of elections. All other
requirements and processes apply for the submission
and verification of the signatures as for initiative
petitions.
(d) Supervisors of elections shall provide petition -
revocation forms to the public at all main and branch
offices.
(e) The petition -revocation form shall be filed with
the supervisor of elections by February 1 preceding the
next general election or, if the initiative amendment is
not certified for ballot position in that election, by
February 1 preceding the next successive general
election. The supervisor of elections shall promptly
verify the signature on the petition -revocation form and
process such revocation upon payment, in advance, of
a fee of 10 cents or the actual cost of verifying such
signature whichever is less. The supervisor shall
promptly record each valid and verified signature on a
petition -revocation form in the manner prescribed by the
Secretary of State.
(9 The division shall adopt by rule the petition -
revocation forms to be used under this subsection
(7) The Department of State may adopt rules in
accordance with s 120 54 to carry out the provisions of
subsections (1)-(6).
(8) No provision of this code shall be deemed to
prohibit a private person exercising lawful control over
privately owned property, including property held open
to the public for the purposes of a commercial
40
F.S. 2010
GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
enterprise, from excluding from such property persons
seeking to engage in activity supporting or opposing
initiative amendments.
History.—s. 15, ch. 79-365 s. 12, ch. 83-251; s. 30, ch. 84-302; s. 22, ch. 97-13,
s. 9, ch. 2002-281; s. 3, ch. 2002-390; s. 3, ch. 2004-33; s. 28, ch. 2005-278; s. 4, ch
2006-119; s. 25, ch 2007-30; s. 1, ch. 2007-231; s. 14, ch. 2008-95.
41
Ch. 101 VOTING METHODS AND PROCEDURE
CHAPTER 101
VOTING METHODS AND PROCEDURE
101.001
101.002
101.015
101.017
101.021
101.031
101.041
101.043
101.045
101.048
101.049
101.051
101.111
101.131
101.151
101.161
101.171
101 20
101.21
101.23
10124
101.2512
101.2515
101 252
101.254
101.292
101.293
101.294
101 295
101.34
101.341
101.43
101.49
101.51
101.545
101.5601
101.5602
101.5603
101.5604
101.56042
Precincts and polling places boundaries.
Use of system by municipalities.
Standards for voting systems.
Bureau of Voting Systems Certification.
Elector to vote the primary ballot of the
political party in which he or she is
registered
Instructions for electors.
Secret voting.
Identification required at polls.
Electors must be registered in precinct;
provisions for change of residence or
name.
P rovisional ballots.
P rovisional ballots; special circum-
stances.
E lectors seeking assistance in casting
ballots; oath to be executed; forms to
be furnished.
Voter challenges.
Watchers at polls.
S pecifications for ballots.
Referenda; ballots.
Copy of constitutional amendment to be
available at voting locations.
P ublication of ballot form; sample ballots.
Official ballots; number; printing; pay-
ment.
E lection inspector to keep list of those
voting.
Ballot boxes and ballots.
Candidates' names on general election
ballots.
Translation of ballot language.
Candidates entitled to have names printed
on certain ballots* exception.
When nominated names to appear in
groups or districts.
Definitions; ss. 101.292-101.295.
Competitive sealed bids and proposals
required.
P urchase and sale of voting equipment.
Penalties for violation.
Custody of voting system.
Prohibited activities by voting system
custodians and deputy custodians.
S ubstitute ballot
P rocedure of election officers where sig-
natures differ.
E lectors to occupy booth alone.
Retention and destruction of certain elec-
tion materials
S hort title
P urpose.
Definitions relating to Electronic Voting
Systems Act.
Adoption of system, procurement of
equipment; commercial tabulations
P unch card type systems prohibited.
42
101.5605
101.5606
101.56062
101.56063
101.56064
101.5607
101.56075
101.5608
101.5610
101.5611
101.5612
101.5613
101.5614
101.572
101.58
101.591
101.5911
101.595
101.6101
101.6102
101.6103
101.6104
101.6105
101.6106
101.6107
101.62
101.64
101.65
101.655
101.657
101.661
101.662
101.663
101.665
101.67
101.68
101.69
101.6921
101.6923
101.6925
101.694
101.6951
F.S. 2010
Examination and approval of equipment.
Requirements for approval of systems.
Standards for accessible voting systems.
Accessibility of voting systems and polling
places; intent; eligibility for federal fund-
ing.
Application for federal funds under ch.
2002-281.
Department of State to maintain voting
system information; prepare software.
Voting methods.
Voting by electronic or electromechanical
method; procedures.
Inspection of ballot by election board.
Instructions to electors.
Testing of tabulating equipment.
Examination of equipment during voting.
Canvass of returns.
Public inspection of ballots.
S upervising and observing registration
and election processes.
Voting system audit.
Rulemaking authority for voting system
audit procedures.
Analysis and reports of voting problems.
S hort title.
Mail ballot elections, limitations.
Mail ballot election procedure.
Challenge of votes.
Absentee voting.
Application of other election laws
Department of State to adopt rules.
Request for absentee ballots.
Delivery of absentee ballots; envelopes;
form.
Instructions to absent electors.
S upervised voting by absent electors in
certain facilities
Early voting.
Voting absentee ballots.
Accessibility of absentee ballots.
Electors; change of residence to another
state.
Administration of oaths, military person-
nel, federal employees, and other ab-
sentee registrants
Safekeeping of mailed ballots; deadline
for receiving absentee ballots.
Canvassing of absentee ballot
Voting in person; return of absentee
ballot.
Delivery of special absentee ballot to
certain first-time voters.
Special absentee ballot instructions for
certain first time voters.
Canvassing special absentee ballots.
Mailing of ballots upon receipt of federal
postcard application.
State write-in ballot.
F.S. 2010
101.6952
101.697
101.698
101.71
101.715
101.731
101.732
101.733
101.74
101.75
VOTING METHODS AND PROCEDURE
Absentee ballots for absent uniformed
services and overseas voters.
E lectronic transmission of election mate-
rials.
Absentee voting in emergency situations.
Polling place.
Accessibility of polling places for people
having a disability.
S hort title.
D efinitions relating to Elections Emer-
gency Act.
Election emergency; purpose; elections
emergency contingency plan.
Temporary change of polling place in case
of emergency.
Municipal elections; change of dates for
cause.
101.001 Precincts and polling places; bound-
aries
(1) The board of county commissioners in each
county, upon recommendation and approval of the
supervisor, shall alter or create precincts for voting in
the county. Each precinct shall be numbered and, as
nearly as practicable, composed of contiguous and
compact areas. The supervisor shall designate a polling
place at a suitable location within each precinct. The
precinct shall not be changed thereafter except with the
consent of the supervisor and a majority of the members
of the board of county commissioners. The board of
county commissioners and the supervisor may have
precinct boundaries conform to municipal boundaries in
accordance with the provisions of s. 101.002, but, in any
event, the registration books shall be maintained in such
a manner that there may be determined therefrom the
total number of electors in each municipality.
(2) When in any election there are fewer than 25
registered electors of the only political party having
candidates on the ballot at any precinct, such precinct
may be combined with other adjoining precincts upon
the recommendation of the supervisor and the approval
of the county commissioners. Notice of the combination
of precincts shall be given in the same manner as
provided in s 101.71(2).
(3)(a) Each supervisor of elections shall maintain a
suitable map drawn to a scale no smaller than 3 miles to
the inch and clearly delineating all major observable
features such as roads, streams and railway lines and
showing the current geographical boundaries of each
precinct, representative district, and senatorial district,
and other type of district in the county subject to the
elections process in this code.
(b) The supervisor of elections shall notify the
Secretary of State in writing within 30 days after any
reorganization of precincts and shall furnish a copy of
the map showing the current geographical boundaries
and designation of each new precinct. However if
precincts are composed of whole census blocks, the
supervisor may furnish, in lieu of a copy of the map, a
list, in an electronic format prescribed by the Depart-
ment of State, associating each census block in the
county with its precinct.
43
Ch. 101
(c) Any precinct established or altered under the
provisions of this section shall consist of areas bounded
on all sides only by:
1. Census block boundaries from the most recent
United States Census;
2 Governmental unit boundaries reported in the
most recent Boundary and Annexation Survey pub-
lished by the United States Census Bureau;
3. Visible features that are readily distinguishable
upon the ground such as streets, railroads, tracks,
streams, and lakes, and that are indicated upon current
census maps, official Department of Transportation
maps, official municipal maps official county maps or
a combination of such maps;
4. Boundaries of public parks, public school
grounds, or churches; or
5. Boundaries of counties, incorporated municipa-
lities, or other political subdivisions that meet criteria
established by the United States Census Bureau for
block boundaries.
(d) Until July 1, 2012, a supervisor may apply for and
obtain from the Secretary of State a waiver of the
requirement in paragraph (c).
(4) Within 10 days after there is any change in the
division, number, or boundaries of the precincts, or the
location of the polling places, the supervisor of elections
shall make in wilting an accurate description of any new
or altered precincts, setting forth the boundary lines and
shall identify the location of each new or altered polling
place. A copy of the document describing such changes
shall be posted at the supervisor's office.
History. -s. 10, ch. 3879 1889; RS 164; s. 11, ch. 4328, 1895; GS 184; RGS
228; CGL 281; s. 2, ch. 24203, 1947; s. 6, ch. 25383,1949; s. 2, ch. 26329, 1949; s.
2, ch. 26870, 1951; s. 4, ch. 29934, 1955; s. 3, ch. 57-166; s. 1, ch. 59-281; s 1, ch.
67-169; s. 1, ch. 72-25; s. 3, ch. 73-155; 5. 1, ch. 76-60; s. 1, ch. 76-121; s. 1, ch.
76-233; s. 4, ch. 77-175; s. 1, ch. 80-189; s. 11, ch. 80-292; s. 4, ch. 81-304; s. 26,
ch. 84302; s. 24, ch. 94-224; s. 1390, ch. 95-147; s. 54, ch. 97-13; s. 29, ch.
2005-278.
Nole.-Former s. 98.23; s. 98.031.
101.002 Use of system by municipalities.
(1) The board of county commissioners, with the
concurrence of the supervisor of elections, may arrange
the boundaries of the precincts in each municipality
within the county to conform to the boundaries of the
municipality, subject to the concurrence of the govern-
ing body of the municipality. All binders files and other
equipment or materials necessary for the permanent
registration system shall be furnished by the board of
county commissioners.
(2) The supervisor of elections shall deliver the
records required for a municipal election to the muni-
cipal elections boards or other appropriate elections
officials before the election and collect them after the
election. The municipality shall reimburse the county for
the actual costs incurred.
(3) Any person who is a duly registered elector
pursuant to this code and who resides within the
boundaries of a municipality is qualified to participate
in all municipal elections, the provisions of special acts
or local charters notwithstanding Electors who are not
registered under the permanent registration system
shall not be permitted to vote.
History. -s. 4, ch. 25391,1949 s. 2, ch.26870,1951; s. 10, ch. 27991,1953; s.
2, ch. 29761, 1955; s. 1, ch. 57-136; s. 1, ch. 63-268; s. 8, ch. 65-134; s. 2, ch.
73-155; s. 5, ch. 77-175; s. 31, ch 94-224.
Note. Former s. 97.04; s. 98.091.
Ch. 101 VOTING METHODS AND PROCEDURE
101.015 Standards for voting systems
(1) The Department of State shall adopt rules which
establish minimum standards for hardware and soft-
ware for electronic and electromechanical voting sys-
tems. Such rules shall contain standards for:
(a) Functional requirements;
(b) Performance levels;
(c) Physical and design characteristics;
(d) Documentation requirements; and
(e) Evaluation criteria
(2) Each odd -numbered year the Department of
State shall review the rules governing standards and
certification of voting systems to determine the ade-
quacy and effectiveness of such rules in assuring that
elections are fair and impartial.
(3) The Department of State shall adopt rules to
achieve and maintain the maximum degree of correct-
ness, impartiality, and efficiency of the procedures of
voting including write-in voting, and of counting
tabulating, and recording votes by voting systems
used in this state.
(4)(a) The Department of State shall adopt rules
establishing minimum security standards for voting
systems.
(b) Each supervisor of elections shall establish
written procedures to assure accuracy and security in
his or her county, including procedures related to early
voting pursuant to s. 101.657. Such procedures shall be
reviewed in each odd -numbered year by the Depart-
ment of State.
(c) Each supervisor of elections shall submit any
revisions to the security procedures to the Department
of State at least 45 days before early voting commences
pursuant to s. 101.657 in an election in which they are to
take effect
(5)(a) The Department of State shall adopt rules
which establish standards for provisional approval of
hardware and software for innovative use of electronic
and electromechanical voting systems. Such rules shall
contain standards for:
1. Functional requirements;
2 Performance levels;
3 Physical and design characteristics;
4. Documentation requirements;
5 Evaluation criteria;
6. Audit capabilities' and
7. Consideration of prior use of a system.
(b) A voting system shall be provisionally approved
for a total of no more than 2 years, and the Department
of State has the authority to revoke such approval
Provisional approval of a system shall not be granted by
the Department of State to supersede certification
requirements of this sect on
(c)1. No provisionally approved system may be
used in any election, including any municipal election,
without the authorization of the Department of State.
2. An application for use of a provisionally approved
system shall be submitted at least 120 days prior to the
intended use by the supervisor of elections or municipal
elections official. Such application shall request author-
ization for use of the system in a specific election. Each
application shall state the election, the number of
44
F.S. 2010
precincts, and the number of anticipated voters for
which the system is requested for use.
3. The Department of State shall authorize or deny
authorization of the use of the provisionally approved
system for the specific election and shall notify the
supervisor of elections or municipal elections official in
writing of the authorization or denial of authorization,
along with the reasons therefor, within 45 days after
receipt of the application
(d) A contract for the use of a provisionally approved
system for a specific election may be entered into with
the approval of the Department of State. No contract for
title to a provisionally approved system may be entered
into.
(e) The use of any provisionally approved system
shall be valid for all purposes.
(6) All electronic and electromechanical voting sys-
tems purchased on or after January 1, 1990, must meet
the minimum standards established under subsection
(1). All electronic and electromechanical voting systems
in use on or after July 1, 1993, must meet the minimum
standards established under subsection (1) or subsec-
tion (5).
(7) The Division of Elections shall review the voting
systems certification standards and ensure that new
technologies are available for selection by boards of
county commissioners which meet the requirements for
voting systems and meet user standards The Division
of Elections shall continuously review the voting sys-
tems certification standards to ensure that new tech-
nologies are appropriately certified for all elections in a
timely manner. The division shall also develop methods
to determine the will of the public with respect to voting
systems.
History.—s. 4, ch. 89-348; s. 16, ch. 90-315; s. 551, ch. 95-147; s. 6, ch.
2001 40; s. 10, ch. 2004-252.
101.017 Bureau of Voting Systems Certification.
There is created a Bureau of Voting Systems Certifica-
tion within the Division of Elections of the Department of
State which shall provide technical support to the
supervisors of elections and which is responsible for
voting system standards and certification. The positions
necessary for the bureau to accomplish its duties shall
be established through the budgetary process.
History—s. 16, ch 89-348; s. 20, ch 90-315.
Note.—Former s. 102.1691.
101.021 Elector to vote the primary ballot of the
political party in which he or she is registered.—In a
primary election a qualified elector is entitled to vote the
official primary election ballot of the political party
designated in the elector's registration, and no other.
It is unlawful for any elector to vote in a primary for any
candidate running for nomination from a party other than
that in which such elector is registered.
History.—s. 41, ch. 6469, 1913; RGS 345; CGL 402; s. 5, ch. 26870, 1951; s.
21, ch. 28156, 1953; s. 13, ch. 77-175; s. 552, ch. 95-147.
Note.—Former s. 102.40.
101.031 Instructions for electors.—
(1) The Department of State or in case of municipal
elections the governing body of the municipality, shall
print, in Targe type on cards, instructions for the electors
to use in voting It shall provide not less than two cards
F.S. 2010 VOTING METHODS AND PROCEDURE
for each voting precinct for each election and furnish
such cards to each supervisor upon requisition. Each
supervisor of elections shall send a sufficient number of
these cards to the precincts prior to an election. The
election inspectors shall display the cards in the polling
places as information for electors. The cards shall
contain information about how to vote and such other
information as the Department of State may deem
necessary. The cards must also include the list of rights
and responsibilities afforded to Florida voters, as
described in subsection (2)
(2) The supervisor of elections in each county shall
have posted at each polling place in the county the
Voter's Bill of Rights and Responsibilities in the follow-
ing form:
VOTER'S BILL OF RIGHTS
Each registered voter in this state has the right to:
1. Vote and have his or her vote accurately counted
2. Cast a vote if he or she is in line at the official
closing of the polls in that county.
3. Ask for and receive assistance in voting.
4. Receive up to two replacement ballots if he or she
makes a mistake prior to the ballot being cast.
5. An explanation if his or her registration or identity
is in question.
6. If his or her registration or identity is in question,
cast a provisional ballot.
7 Written instructions to use when voting, and,
upon request, oral instructions in voting from elections
officers.
8. Vote free from coercion or intimidation by elec-
tions officers or any other person.
9. Vote on a voting system that is in working
condition and that will allow votes to be accurately cast
VOTER RESPONSIBILITIES
Each registered voter in this state should:
1. Familiarize himself or herself with the candidates
and issues.
2. Maintain with the office of the supervisor of
elections a current address.
3. Know the location of his or her polling place and
its hours of operation.
4. Bring proper identification to the polling station.
5. Familiarize himself or herself with the operation of
the voting equipment in his or her precinct.
6, Treat precinct workers with courtesy.
7. Respect the privacy of other voters.
8. Report any problems or violations of election laws
to the supervisor of elections.
9 Ask questions, if needed.
10. Make sure that his or her completed ballot is
correct before leaving the polling station.
NOTE TO VOTER: Failure to perform any of these
responsibilities does not prohibit a voter from voting.
(3) Nothing in this section shall give rise to a legal
cause of action.
(4) In case any elector, after entering the voting
booth, shall ask for further instructions concerning the
manner of voting two election officers who are not both
45
Ch. 101
members of the same political party, if present, or, if not,
two election officers who are members of the same
political party, shall give such instructions to such
elector, but no officer or person assisting an elector
shall in any manner request, suggest, or seek to
persuade or induce any elector to vote for or against
any particular ticket, candidate, amendment, question,
or proposition. After giving the elector instructions and
before the elector has voted, the officers or persons
assisting the elector shall retire and such elector shall
vote in secret.
History.—s. 40, ch. 4328, 1895; s. 12, ch. 4537, 1897; GS 225; RGS 270; CGL
326 s. 1, ch. 25106, 1949; s. 5, ch. 26870, 1951; ss 10, 35, ch. 69-106; s. 25, ch.
77-104; s. 13, ch. 77-175; s. 31, ch. 79.400; s. 60, ch. 2001-40; s. 5, ch. 2002-17; s.
22, ch. 2005-277.
Note.—Former s. 99.24.
101.041 Secret voting.—In all elections held on
any subject which may be submitted to a vote, and for all
or any state, county, district or municipal officers, the
voting shall be by secret, official ballot as provided by
this code, and no vote shall be received or counted in
any election, except as prescribed by this code.
History.—s. 24, ch. 3879, 1889; RS 178; s. 28, ch. 4328, 1895; GS 210; RGS
254; CGL 310; s. 3, ch. 17898,1937 s. 5, ch. 26870, 1951 s. 13, ch. 77-175; s.15,
ch. 2008-95.
Note.—Former s. 99.08.
101.043 Identification required at polls.
(1) The precinct register, as prescribed in s. 98.461,
shall be used at the polls for the purpose of identifying
the elector at the polls prior to allowing him or her to
vote. The clerk or inspector shall require each elector,
upon entering the polling place, to present one of the
following current and valid picture identifications:
(a) Florida driver's license.
(b) Florida identification card issued by the Depart-
ment of Highway Safety and Motor Vehicles.
(c) United States passport.
(d) Debit or credit card.
(e) Military identification.
(f) Student identification.
(g) Retirement center identification.
(h) Neighborhood association identification,
(i) Public assistance identification.
If the picture identification does not contain the signa-
ture of the voter, an additional identification that
provides the voter's signature shall be required. The
elector shall sign his or her name in the space provided
on the precinct register or on an electronic device
provided for recording the voter's signature. The clerk or
inspector shall compare the signature with that on the
identification provided by the elector and enter his or her
initials in the space provided on the precinct register or
on an electronic device provided for that purpose and
allow the elector to vote if the clerk or inspector is
satisfied as to the identity of the elector.
1(2) If the elector fails to furnish the required identi-
fication, the elector shall be allowed to vote a provisional
ballot. The canvassing board shall determine the validity
of the ballot pursuant to s. 101.048(2).
H story.—s. 1, ch. 77-267; s. 533, ch. 95-147; s. 10, ch. 98-129; s. 3, ch.
2001 40; s. 13, ch. 2003-415; s. 23, ch. 2005 277 s. 30, ch. 2005-278; s. 26, ch
2007 30.
'Note.—As amended and redesignated from subsection (3) by s. 23, ch, 2005-
277. For a description of multiple acts in the same session affecting a statutory
Ch. 101
VOTING METHODS AND PROCEDURE F.S. 2010
provision, see preface to the Florida Statutes, "Statutory Construction. This
provision was also amended by s. 30, ch. 2005-278, and that version reads:
(2) If the elector who falls to fumish the required identification is an elector
subject to s. 97.0535 and has not provided the required identification to a voter
registration official prior to election day the elector shall be allowed to vote a
provisional ballot. The canvassing board shall determine the validity of the ballot
pursuant to s. 101.048(2).
Note.—Former s. 98.471.
•
101.045 Electors must be registered in precinct;
provisions for change of residence or name.—
(1) No person shall be permitted to vote in any
election precinct or district other than the one in which
the person has his or her legal residence and in which
the person is registered. However, a person temporarily
residing outside the county shall be registered in the
precinct in which the main office of the supervisor, as
designated by the supervisor, is located when the
person has no permanent address in the county and
it is the person's Intention to remain a resident of Florida
and of the county in which he or she is registered to
vote. Such persons who are registered in the precinct in
which the main office of the supervisor, as designated
by the supervisor, is located and who are residing
outside the county with no permanent address in the
county shall not be registered electors of a municipality
and therefore shall not be permitted to vote in any
municipal election.
(2)(a) An elector who moves from the precinct in
which the elector is registered may be permitted to vote
in the precinct to which he or she has moved his or her
legal residence, provided such elector completes an
affirmation in substantially the following form:
Change of Legal Residence of Registered
Voter
Under penalties for false swearing, I, (Name of voter) ,
swear (or affirm) that the former address of my legal
residence was (Address of leaal residence) in the municipality
of , in County, Florida, and I was registered to
vote in the __ precinct of County, Florida; that I
have not voted in the precinct of my former registration
in this election; that I now reside at (Address of legal
residence) in the Municipality of , in _ County,
Florida, and am therefore eligible to vote in the
precinct of County, Florida and 1 further swear (or
affirm) that I am otherwise legally registered and entitled
to vote
(Signature of voter whose address of legal residence has chanced)
(b) An elector whose name changes because of
marriage or other legal process may be permitted to
vote, provided such elector completes an affirmation in
substantially the following form:
Change of Name of Registered
Voter
Under penalties for false swearing I, (New name of vote 1
swear (or affirm) that my name has been changed
because of marriage or other legal process. My former
name and address of legal residence appear on the
registration records of precinct as follows:
Name
Address
46
Municipality
County
Florida, Zip
My present name and address of legal residence are as
follows:
Name
Address
Municipality
County
Florida, Zip
and I further swear (or affirm) that I am otherwise legally
registered and entitled to vote.
(Signature of voter whose name has chanaedl
(c) Instead of the affirmation contained in paragraph
(a) or paragraph (b), an elector may complete a voter
registration application that indicates the change of
name or change of address of legal residence.
(d) Such affirmation or application, when completed
and presented at the precinct in which such elector is
entitled to vote, and upon verification of the elector's
registration, shall entitle such elector to vote as provided
in this subsection. If the elector's eligibility to vote
cannot be determined, he or she shall be entitled to vote
a provisional ballot, subject to the requirements and
procedures in s. 101.048. Upon receipt of an affirmation
or application certifying a change in address of legal
residence or name, the supervisor shall as soon as
practicable make the necessary changes in the state-
wide voter registration system to indicate the change in
address of legal residence or name of such elector.
H story.—s 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 192; RGS
236; CGL 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 26870, 1951; s.
4, ch 28156, 1953; s. 7, ch. 65-60; s. 1, ch. 71-307; s. 3, ch. 77-175; s. 6, ch. 78-403;
s. 4, ch. 80-292; s. 5, ch. 89-338; s. 20, ch. 94-224; s. 1391, ch. 95-147; s. 36, ch.
2001-40; s. 31, ch. 2005-278; s. 16, ch. 2008-95.
Note.—Former s. 98.32; s. 97.091.
101.048 Provisional ballots.—
(1) At all elections, a voter claiming to be properly
registered in the state and eligible to vote at the precinct
in the election but whose eligibility cannot be deter-
mined, a person whom an election official asserts is not
eligible, and other persons specified in the code shall be
entitled to vote a provisional ballot. Once voted, the
provisional ballot shall be placed in a secrecy envelope
and thereafter sealed in a provisional ballot envelope.
The provisional ballot shall be deposited in a ballot box.
All provisional ballots shall remain sealed in their
envelopes for return to the supervisor of elections.
The department shall prescribe the form of the provi-
sional ballot envelope. A person casting a provisional
ballot shall have the right to present written evidence
supporting his or her eligibility to vote to the supervisor
of elections by not later than 5 p.m, on the second day
following the election.
(2)(a) The county canvassing board shall examine
each Provisional Ballot Voter's Certificate and Affirma-
tion to determine if the person voting that ballot was
entitled to vote at the precinct where the person cast a
vote in the election and that the person had not already
cast a ballot in the election In determining whether a
person casting a provisional ballot is entitled to vote, the
county canvassing board shall review the information
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
provided in the Voter's Certificate and Affirmation,
written evidence provided by the person pursuant to
subsection (1), any other evidence presented by the
supervisor of elections, and, in the case of a challenge,
any evidence presented by the challenger. A ballot of a
person casting a provisional ballot shall be counted
unless the canvassing board determines by a prepon-
derance of the evidence that the person was not entitled
to vote.
(b)1. If it is determined that the person was regis-
tered and entitled to vote at the precinct where the
person cast a vote in the election, the canvassing board
shall compare the signature on the Provisiona Ballot
Voter's Certificate and Affirmation with the signature on
the voter's registration and, if it matches shall count the
ballot.
2. If it is determined that the person voting the
provisional ballot was not registered or entitled to vote at
the precinct where the person cast a vote in the election
the provisional ballot shall not be counted and the ballot
shall remain in the envelope containing the Provisional
Ballot Voter's Certificate and Affirmation and the
envelope shall be marked "Rejected as Illegal."
(3) The Provisional Ballot Voter's Certificate and
Affirmation shall be in substantially the following form:
STATE OF FLORIDA
COUNTY OF
I do solemnly swear (or affirm) that my name is ;
that my date of birth is _; that I am registered and
qualified to vote in County, Florida that I am
registered in the Party; that I am a qualified voter of
the county; and that I have not voted in this election. I
understand that if I commit any fraud in connection with
voting, vote a fraudulent ballot, or vote more than once
in an election, I can be convicted of a felony of the third
degree and fined up to $5,000 and/or imprisoned for up
to 5 years.
(Signature of Voter)
(Current Residence Address)
(Current Mailing Address)
(City. State. Zio Code)
(Driver's License Number or Last Four Digits of Social Security Number
Sworn to and subscribed before me this
, (year)
(Election Official)
day of
Precinct # __ Ballot Style/Party Issued: __
(4) Notwithstanding the requirements of subsections
(1), (2), and (3), the supervisor of elections may, and for
persons with disabilities shall, provide the appropriate
provisional ballot to the voter by electronic means that
meet the requirements of s. 101.56062, as provided for
by the certified voting system. Each person casting a
provisional ballot by electronic means shall, prior to
casting his or her ballot, complete the Provisional Ballot
Voter's Certificate and Affirmation as provided in sub-
section (3).
(5) Each person casting a provisional ballot shall be
given wntten instructions regarding the person s right to
provide the supervisor of elections with written evidence
of his or her eligibility to vote and regarding the free
access system established pursuant to subsection (6).
The instructions shall contain information on how to
access the system and the information the voter will
need to provide to obtain information on his or her
particular ballot. The instructions shall also include the
following statement: "If this is a primary election, you
should contact the supervisor of elections' office im-
mediately to confirm that you are registered and can
vote in the general election."
(6) Each supervisor of elections shall establish a
free access system that allows each person who casts a
provisional ballot to determine whether his or her
provisional ballot was counted in the final canvass of
votes and, if not the reasons why Information regard-
ing provisional ballots shall be available no later than 30
days following the election. The system established
must restrict information regarding an individual ballot to
the person who cast the ballot.
History.—s. 35, ch. 2001-40; s. 6, ch. 2002-17; s. 15, ch. 2003-415; s. 24, ch.
2005-277; s. 32, ch. 2005-278; s. 27, ch. 2007-30.
47
101.049 Provisional ballots; special circum-
stances.—
(1) Any person who votes in an election after the
regular poll -closing time pursuant to a court or other
order extending the statutory polling hours must vote a
provisional ballot. Once voted, the provisional ballot
shall be placed in a secrecy envelope and thereafter
sealed in a provisional ballot envelope. The election
official witnessing the voter s subscription and affirma-
tion on the Provisional Ballot Voter's Certificate shall
indicate whether or not the voter met all requirements to
vote a regular ballot at the polls. All such provisional
ballots shall remain sealed in their envelopes and be
transmitted to the supervisor of elections
(2) Separate and apart from all other ballots the
county canvassing board shall count all late -voted
provisional ballots that the canvassing board deter-
mines to be valid.
(3) The supervisor shall ensure that late -voted
provisional ballots are not commingled with other ballots
during the canvassing process or at any other time they
are statutorily required to be in the supervisor's posses-
sion
(4) This section shall not apply to voters in line at the
poll -closing time provided in s 100.011 who cast their
ballots subsequent to that time.
(5) As an alternative, provisional ballots cast pur-
suant to this section may, and for persons with
disabilities shall, be cast in accordance with the provi-
sions of s. 101 048(4).
History. -s. 16, ch. 2003 415; s. 3, ch. 2004-5; s. 25, ch. 2005-277.
101.051 Electors seeking assistance in casting
ballots, oath to be executed; forms to be furnished
(1) Any elector applying to vote in any election who
requires assistance to vote by reason of blindness,
disability, or inability to read or write may request the
assistance of two election officials or some other person
of the elector's own choice, other than the elector's
employer, an agent of the employer, or an officer or
agent of his or her union to assist the elector in casting
his or her vote. Any such elector before retiring to the
Ch. 101 VOTING METHODS AND PROCEDURE
voting booth, may have one of such persons read over
to him or her, without suggestion or interference, the
titles of the offices to be filled and the candidates
therefor and the issues on the ballot After the elector
requests the aid of the two election officials or the
person of the elector s choice, they shall retire to the
voting booth for the purpose of casting the elector's vote
according to the elector's choice.
(2) It is unlawful for any person to be in the voting
booth with any elector except as provided in subsection
(1). A person at a polling place or early voting site or
within 100 feet of the entrance of a polling place or early
voting site may not solicit any elector in an effort to
provide assistance to vote pursuant to subsection (1).
Any person who violates this subsection commits a
misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s. 775.083.
(3) Any elector applying to cast an absentee ballot in
the office of the supervisor, in any election, who requires
assistance to vote by reason of blindness, disability, or
inability to read or write may request the assistance of
some person of his or her own choice, other than the
elector's employer, an agent of the employer, or an
officer or agent of his or her union in casting his or her
absentee ballot
(4) If an elector needs assistance in voting pursuant
to the provisions of this section, the clerk or one of the
inspectors shall require the elector requesting assis-
tance in voting to take the following oath:
DECLARATION TO SECURE ASSISTANCE
State of Florida
County of
Date
Precinct
I, (Print name) , swear or affirm that I
elector and request assistance from
voting at the (name of election) held on
am a registered
(Print names) in
(date of election) .
F.S. 2010
agent of the union of the voter and that I have not
solicited this voter at the polling place or early voting site
or within 100 feet of such locations in an effort to provide
assistance.
(Signature of assistor)
Sworn and subscribed to before me this day of
, (year)
(Signature of Official Administering Oathl
(6) The supervisor of elections shall deliver a
sufficient number of these forms to each precinct,
along with other election paraphernalia.
History.—s. 3, ch. 22018,1943; s. 5, ch. 26870, 1951; s. 2, ch. 59-446; s. 2, ch.
65-60; s. 1, ch. 65 380; s. 13, ch. 77-175; s. 2, ch. 79-366; s. 31, ch. 84-302; s. 12,
ch. 85-226; s. 553, ch. 95-147; s. 8, ch. 99-6; s. 10, ch. 2002-281; s. 26, ch.
2005-277; s. 9, ch. 2006-1.
Note. Former s. 100.36.
101.111 Voter challenges.—
(1)(a) Any registered elector or poll watcher of a
county may challenge the right of a person to vote in that
county. The challenge must be in writing and contain the
following oath, which shall be delivered to the clerk or
inspector:
OATH OF PERSON ENTERING CHALLENGE
State of Florida
County of
I do solemnly swear or affirm that my name is _; that I
am a member of the Party; that I am a registered
voter or pollwatcher; that my residence address is
in the municipality of and that I have reason to
believe that is attempting to vote illegally and the
reasons for my belief are set forth herein to wit:
(Signature of person challenaina voter)
(Sionature of voter) Sworn and subscribed to before me this
, (yea )
Sworn and subscribed to before me this
, (year) .
day of
(Sionature of Official Administerina Oath)
(5) If an elector needing assistance requests that a
person other than an election official provide him or her
with assistance in voting the clerk or one of the
inspectors shall require the person providing assistance
to take the following oath:
DECLARATION TO PROVIDE ASSISTANCE
State of Florida
County of
Date
Precinct
I, (Print name) , have been requested by (onnt name of
elector needina assistance) to provide him or her with assis-
tance to vote. I swear or affirm that I am not the
employer, an agent of the employer, or an officer or
48
•
day of
(Clerk of election)
(b)1. The clerk or inspector shall immediately de-
liver to the challenged person a copy of the oath of the
person entering the challenge, and the challenged voter
shall be allowed to cast a provisional ballot in accor-
dance with s. 101.048, except as provided in subpar-
agraph 2
2. If the basis for the challenge is that the person's
legal residence is not in that precinct, the person shall
first be given the opportunity to execute a change of
legal residence in order to be able to vote a regular
ballot in accordance with s. 101.045(2). If the change of
legal residence is such that the person is then properly
registered for that precinct, the person shall be allowed
to vote a regular ballot. If the change of legal residence
places the person in another precinct, the person shall
be directed to the proper precinct to vote. If such person
insists that he or she is currently in the proper precinct,
the person shall be allowed to vote a provisional ballot in
accordance with s. 101.048.
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
(c) Alternatively, a challenge in accordance with this
section may be filed in advance with the supervisor of
elections no sooner than 30 days before an election
The supervisor shall promptly provide the election board
in the challenged voter's precinct with a copy of the oath
of the person entering the challenge. The challenged
voter shall be allowed to cast a provisional ballot in
accordance with s. 101.048, subject to the provisions of
subparagraph (b)2
(2) Any elector or poll watcher filing a frivolous
challenge of any person s right to vote commits a
misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s. 775.083; however, electors or
poll watchers shall not be subject to liability for any
action taken in good faith and in furtherance of any
activity or duty permitted of such electors or poll
watchers by law Each instance where any elector or
poll watcher files a frivolous challenge of any person's
right to vote constitutes a separate offense.
History. -s 43, ch. 4328,1895; GS 2278 s. 43 ch. 6469, 1913; RGS 272, 347;
CGL 328, 404; s. 5, ch. 26870, 1951; s. 10, ch. 27991, 1953; s. 23, ch. 28156,1953;
s. 4, ch. 65-380; s. 13, ch. 77-175; s. 554, ch. 95-147; s. 9, ch. 99-6; s. 17, ch.
2003-415; s. 27, ch. 2005-277; 8. 10, ch. 2006-1; s. 17, ch. 2008-95; s. 4, ch.
2010-167.
Note. -Former ss. 99.26, 102.42.
101.131 Watchers at polls. -
(1) Each political party and each candidate may
have one watcher in each polling room or early voting
area at any one time during the election. A political
committee formed for the specific purpose of expressly
advocating the passage or defeat of an issue on the
ballot may have one watcher for each polling room or
early voting area at any one time during the election. No
watcher shall be permitted to come closer to the
officials' table or the voting booths than is reasonably
necessary to properly perform his or her functions, but
each shall be allowed within the polling room or early
voting area to watch and observe the conduct of
electors and officials The poll watchers shall furnish
their own materials and necessities and shall not
obstruct the orderly conduct of any election. The poll
watchers shall pose any questions regarding polling
place procedures directly to the clerk for resolution
They may not interact with voters. Each poll watcher
shall be a qualified and registered elector of the county
in which he or she serves.
(2) Each party, each political committee and each
candidate requesting to have poll watchers shall
designate, in writing, prior to noon of the second
Tuesday preceding the election poll watchers for each
polling room on election day. Designations of poll
watchers for early voting areas shall be submitted in
writing to the supervisor of elections at least 14 days
before early voting begins. The poll watchers for each
polling room shall be approved by the supervisor of
elections on or before the Tuesday before the election.
Poll watchers for early voting areas shall be approved
by the supervisor of elections no later than 7 days
before early voting begins. The supervisor shall furnish
to each election board a list of the poll watchers
designated and approved for such polling room or
early voting area.
(3) No candidate or sheriff, deputy sheriff, police
officer, or other law enforcement officer may be
designated as a poll watcher.
History. -s. 3-D, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 18, ch. 29934, 1955;
s. 6, ch. 65 380; s. 13, ch. 77-175; s. 3, ch. 87-184; s. 14, ch. 87-363; s. 18, ch.
89-338; s. 555, ch. 95-147; s. 61, ch. 2001-40; s. 28, ch. 2005-277.
Note. -Former s. 100.45.
49
101.151 Specifications for ballots.
(1)(a) Marksense ballots shall be printed on paper of
such thickness that the printing cannot be distinguished
from the back and shall meet the specifications of the
voting system that will be used to tabulate the ballots.
(b) Early voting sites may employ a ballot -on -de-
mand production system to print individual marksense
ballots, including provisional ballots, for eligible electors
pursuant to s. 101.657. Ballot -on -demand technology
may be used to produce marksense absentee ballots.
Not later than 30 days before an election, the Secretary
of State may also authorize in writing the use of ballot -
on -demand technology for the production of election -
day ballots
(2)(a) The ballot shall have headings under which
shall appear the names of the offices and the names of
the candidates for the respective offices in the following
order: the heading "President and Vice President" and
thereunder the names of the candidates for President
and Vice President of the United States nominated by
the political party that received the highest vote for
Governor in the last general election of the Governor in
this state. Then shall appear the names of other
candidates for President and Vice President of the
United States who have been properly nominated. Then
shall follow the heading "Congressional' and thereunder
the offices of United States Senator and Representative
in Congress; then the heading "State" and thereunder
the offices of Governor and Lieutenant Governor,
Attorney General, Chief- Financial. Officer, Commis-
sioner of Agriculture, state attorney, and public defen
der, together with the names of the candidates for each
office and the title of the office which they seek; then the
heading "Legislative' and thereunder the offices of state
senator and state representative; then the heading
"County" and thereunder clerk of the circuit court
clerk of the county court (when authorized by law)
sheriff, property appraiser, tax collector, district super-
intendent of schools, and supervisor of elections.
Thereafter follows. members of the board of county
commissioners, and such other county and district
offices as are involved in the election in the order
fixed by the Department of State, followed, in the year of
their election by "Party Offices," and thereunder the
offices of state and county party executive committee
members. In a general election in addition to the names
printed on the ballot, a blank space shall be provided
under each heading for an office for which a write-in
candidate has qualified. With respect to write-in candi-
dates if two or more candidates are seeking election to
one office, only one blank space shall be provided.
(b) When more than one candidate is nominated for
office, the candidates for such office shall qualify and
run in a group or district, and the group or district
number shall be printed beneath the name of the office
Each nominee of a political party chosen in a primary
Ch. 101 VOTING METHODS AND PROCEDURE
shall appear on the general election ballot in the same
numbered group or district as on the primary election
ballot.
(c) If in any election all the offices as set forth in
paragraph (a) are not involved, those offices not to be
filled shall be omitted and the remaining offices shall be
arranged on the ballot in the order named
(3)(a) The names of the candidates of the party that
received the highest number of votes for Governor in the
last election in which a Governor was elected shall be
placed first under the heading for each office on the
general election ballot together with an appropriate
abbreviation of party name, the names of the candi-
dates of the party that received the second highest vote
for Governor shall be second under the heading for
each office, together with an appropriate abbreviation of
the party name
(b) Minor political party candidates and candidates
with no party affiliation shall have their names appear on
the general election ballot following the names of
recognized political parties, in the same order as they
were certified.
(4)(a) The names of candidates for each office shall
be arranged alphabetically as to surnames on a primary
election ballot
(b) When two or more candidates running for the
same office on a primary election ballot have the same
or a similar surname, the word "incumbent" shall appear
next to the incumbent s name
(5) The primary election ballot shall be arranged so
that the offices of Governor and Lieutenant Governor
are joined in a single voting space to allow each elector
to cast a single vote for the joint candidacies for
Governor and Lieutenant Governor, if applicable.
(6) The general election ballot shall be arranged so
that the offices of President and Vice President are
joined in a single voting space to allow each elector to
cast a single vote for the joint candidacies for President
and Vice President and so that the offices of Governor
and Lieutenant Governor are joined in a single voting
space to allow each elector to cast a single vote for the
joint candidacies for Governor and Lieutenant Gover-
nor.
(7) Except for justices or judges seeking retention,
the names of unopposed candidates shall not appear on
the general election ballot Each unopposed candidate
shall be deemed to have voted for himself or herself
(8)(a) The Department of State shall adopt rules
prescribing a uniform primary and general election ballot
for each certified voting system. The rules shall
incorporate the requirements set forth in this section
and shall prescribe additional matters and forms that
include, without limitation:
1. Clear and unambiguous ballot instructions and
directions;
2. Individual race layout; and
3. Overall ballot layout.
(b) The department rules shall graphically depict a
sample uniform primary and general election ballot form
for each certified voting system.
History. -s. 35, ch. 4328, 1895; GS 219; s. 1, ch. 5612, 1907; RGS 264; CGL
320; s. 5, ch. 17898, 1937; ss. 2, 3, ch. 25187,1949; s. 5, ch. 26870, 1951; s. 3, ch.
29937,1955; s. 1, ch. 57-235; s. 2, ch. 59-334; s. 8, ch. 65-380; s. 1, ch. 65-52; s. 2,
ch. 65-60; s. 8, ch. 65-380; s. 4, ch. 67-386; ss. 10, 35, ch. 69-106; s. 8, ch. 69-281;
s. 1, ch. 69-380; s. 37, ch. 73-333; s. 1, ch. 77-102; s. 13, ch. 77-175; s. 33, ch.
50
F.S. 2010
79-400; s. 6, ch. 81-105; s. 11, ch. 81-304; s. 9, ch. 82-143; s. 20, ch. 89-338; s. 556,
ch. 95-147; s. 14, ch. 99-318; s. 11, ch. 99-326; s. 14, ch. 99-355; s. 7, ch. 2001-40;
s. 7, ch. 2002-17; s. 29, ch. 2005-277; s. 5, ch. 2007-30.
Note. -Former ss. 99.18, 99.171.
101.161 Referenda; ballots. -
(1) Whenever a constitutional amendment or other
public measure is submitted to the vote of the people,
the substance of such amendment or other public
measure shall be printed in clear and unambiguous
language on the ballot after the list of candidates,
followed by the word 'yes" and also by the word "no,"
and shall be styled in such a manner that a "yes vote
will indicate approval of the proposal and a "no" vote will
indicate rejection. The wording of the substance of the
amendment or other public measure and the ballot title
to appear on the ballot shall be embodied in the joint
resolution, constitutional revision commission proposal,
constitutional convention proposal, taxation and budget
reform commission proposal, or enabling resolution or
ordinance. Except for amendments and ballot language
proposed by joint resolution, the substance of the
amendment or other public measure shall be an
explanatory statement, not exceeding 75 words in
length, of the chief purpose of the measure. In addition,
for every amendment proposed by initiative, the ballot
shall include, following the ballot summary a separate
financial impact statement concerning the measure
prepared by the Financial Impact Estimating Confer-
ence in accordance with s. 100.371(5). The ballot title
shall consist of a caption, not exceeding 15 words in
length, by which the measure is commonly referred to or
spoken of.
(2) The substance and ballot title of a constitutional
amendment proposed by initiative shall be prepared by
the sponsor and approved by the Secretary of State in
accordance with rules adopted pursuant to s 120.54.
The Department of State shall give each proposed
constitutional amendment a designating number for
convenient reference. This number designation shall
appear on the ballot. Designating numbers shall be
assigned in the order of filing or certification and in
accordance with rules adopted by the Department of
State. The Department of State shall furnish the
designating number the ballot title, and the substance
of each amendment to the supervisor of elections of
each county in which such amendment is to be voted
on.
(3)(a) For any general election in which the Secre-
tary of State, for any circuit, or the supervisor of
elections, for any county, has certified the ballot position
for an initiative to change the method of selection of
judges the ballot for any circuit must contain the
statement in paragraph (b) or paragraph (c) and the
ballot for any county must contain the statement in
paragraph (d) or paragraph (e).
(b) In any circuit where the initiative is to change the
selection of circuit court judges to selection by merit
selection and retention, the ballot shall state: "Shall the
method of selecting circuit court judges in the (number of
the of curt) judicial circuit be changed from election by a
vote of the people to selection by the judicial nominating
commission and appointment by the Governor with
subsequent terms determined by a retention vote of the
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
people?" This statement must be followed by the word
'yes" and also by the word "no."
(c) In any circuit where the initiative is to change the
selection of circuit court judges to election by the voters
the ballot shall state: "Shall the method of selecting
circuit court judges in the (number of the circuli judicial
circuit be changed from selection by the judicial
nominating commission and appointment by the Gov-
ernor with subsequent terms determined by a retention
vote of the people to election by a vote of the people?"
This statement must be followed by the word "yes" and
also by the word "no "
(d) In any county where the initiative is to change the
selection of county court judges to merit selection and
retention, the ballot shall state: "Shall the method of
selecting county court judges in (name of county) be
changed from election by a vote of the people to
selection by the judicial nominating commission and
appointment by the Governor with subsequent terms
determined by a retention vote of the people?" This
statement must be followed by the word 'yes" and also
by the word "no."
(e) In any county where the initiative is to change the
selection of county court judges to election by the
voters, the ballot shall state: "Shall the method of
selecting county court judges in /name of the county) be
changed from selection by the judicial nominating
commission and appointment by the Governor with
subsequent terms determined by a retention vote of the
people to election by a vote of the people?" This
statement must be followed by the word "yes" and
also by the word "no."
History. -s. 34, ch. 4328, 1895; GS 218; RGS 262; CGL 318; ss. 1-111 ch.
16180,1933; s.1, ch. 16877, 1935; s. 4, ch. 17898,1937; s.1, ch. 22626,1945; s. 5,
ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 1, ch. 73-7; s. 13, ch. 77-175; s. 16, ch.
79-365; s. 2, ch. 80-305; s. 32, ch. 84-302; s. 11, ch. 90-203; s. 10, ch. 99-355; s. 1,
ch. 2000-361; s. 4, ch. 2001-75; s. 5, ch. 2002-390; s. 5, ch. 2004-33; s. 11, ch.
2005-2; s. 33, ch. 2005-278.
Note. -Former s. 99.16.
101.171 Copy of constitutional amendment to
be available at voting locations. Whenever any
amendment to the State Constitution is to be voted
upon at any election, the Department of State shall have
printed and shall furnish to each supervisor of elections
a sufficient number of copies of the amendment either in
poster or booklet form, and the supervisor shall have a
copy thereof conspicuously posted or available at each
polling room or early voting area upon the day of
election.
History. -s. 1, ch. 5405, 1905; RGS 263; CGL 319; s. 5, ch. 26870, 1951; ss.
10, 35, ch. 69-106; s. 13, ch. 77-175; s. 30, ch. 2005-277.
Note. -Former s. 99.17.
101.20 Publication of ballot form; sample bal-
lots
(1) Two sample ballots shall be furnished to each
polling place by the officer whose duty it is to provide
official ballots The sample ballots shall be in the form of
the official ballot as it will appear at that polling place on
election day. Sample ballots shall be open to inspection
by all electors in any election, and a sufficient number of
reduced size ballots may be furnished to election
officials so that one may be given to any elector desiring
same.
(2) Upon completion of the list of qualified candi-
dates, a sample ballot shall be published by the
supervisor of elections in a newspaper of general
circulation in the county, prior to the day of election. If
the county has an addressograph or equivalent system
for mailing to registered electors, a sample ballot may
be mailed to each registered elector or to each house-
hold in which there is a registered elector, in lieu of
publication, at least 7 days prior to any election.
History. -s. 5, ch 26870, 1951; s. 8 ch. 57 166; s. 9, ch. 65-380; s. 1, ch.
75-174; s. 16, ch. 77-175.
51
101.21 Official ballots; number; printing; pay-
ment. -Where applicable, the supervisor of elections
shall determine the actual number of ballots to be
printed. The printing and delivery of ballots and cards of
instruction shall, in a municipal election, be paid for by
the municipality, and in all other elections by the county.
History. -ss 29, 37, ch. 4328,1895; s. 11, ch. 4537, 1897; GS 211, 222; RGS
255, 267; CGL 311, 323; s. 7, ch.17898,1937; s. 2, ch. 24088, 1947; s. 7, ch.25384,
1949; s. 5, ch. 26870,1951; s.10, ch. 65-380; s. 1, ch. 69-281; s. 20, ch. 71-355; s.
16, ch. 77-175; s. 34, ch. 79-400; s. 1, ch. 80-292; s. 48, ch. 81-259; s. 8, ch.
2001-40.
Note. Former ss. 99.09, 99.21.
101.23 Election inspector to keep list of those
voting. -When any person has been admitted to vote,
the person s name shall be checked by the clerk or one
of the inspectors at the place indicated upon the
registration books or voter history form provided by
the supervisor. One of the inspectors shall, at the same
time, keep a poll list containing names of electors who
have voted or a list of registered electors, on which
those electors who have voted are indicated. Such lists
shall be available for inspection during regular voting
hours by poll watchers designated and appointed
pursuant to s. 101.131, except that the election
inspector may regulate access to the lists so as to
ensure that such inspection does not unreasonably
interfere with the orderly operation of the polling place.
History. -s. 58, ch. 4328, 1895; GS 236; RGS 281 CGL 337; s. 5, ch. 26870,
1951; s. 24, ch. 28156, 1953; s. 11, ch. 65-380; s. 16, ch 77-175; s. 559, ch 95-147;
s. 18, ch. 2008-95.
Note. -Former s. 99.37.
101.24 Ballot boxes and ballots. -The supervisor
of elections shall prepare for each polling place one
ballot box of sufficient size to contain all the ballots of the
particular precinct, and the ballot box shall be plainly
marked with the name of the precinct for which it is
intended. An additional ballot box, if necessary, may be
supplied to any precinct Before each election, the
supervisor shall place in the ballot box or ballot transfer
container as many ballots as are required in s 101 21
After securely sealing the ballot box or ballot transfer
container, the supervisor shall send the ballot box or
ballot transfer container to the clerk or inspector of
election of the precinct in which it is to be used. The
clerk or inspector shall be placed under oath or
affirmation to perform his or her duties faithfully and
without favor or prejudice to any political party.
History. -s. 26, ch. 3879, 1889; RS 180; s. 7, ch 4328, 1895; s. 7, ch. 4537,
1897; GS 203; RGS 247 CGL 303; s. 1, ch. 17898, 1937; s. 1, ch. 24088, 1947; s.
11, ch. 25035, 1949; s. 1, ch. 25384, 1949; s. 5, ch. 26870, 1951; s. 12, ch. 65-380;
s. 16, ch. 77-175; s. 2, ch. 86-200; s. 560, ch. 95-147; s. 9, ch. 2001-40.
Note. -Former s. 99.02.
Ch. 101 VOTING METHODS AND PROCEDURE
101.2512 Candidates' names on general elec-
tion ballots. -
(1) The supervisor of elections shall print on the
general election ballot the names of candidates nomi-
nated by primary election or special primary election or
the names of candidates selected by the appropriate
executive committee of any political party pursuant to
the requirements of this code.
(2) In addition to the names printed on the ballot as
provided in subsection (1), the supervisor of elections
shall print on the general election ballot the names of
each nonpartisan candidate, minor party candidate, or
candidate with no party affiliation who has obtained a
position on the general election ballot in compliance with
the requirements of this code.
History, -s. 8, ch. 2002-17.
101.2515 Translation of ballot language. Upon
the request of a supervisor of elections made no later
than 60 days prior to the date of a general election the
Department of State shall provide a written translation of
a statewide ballot issue in the language of any language
minority group specified in the provisions of s. 203 of the
Voting Rights Act of 1965, as amended, as applicable to
this state.
History -s. 1, ch. 94-300.
101.252 Candidates entitled to have names
printed on certain ballots* exception. -
(1) Any candidate for nomination who has qualified
as prescribed by law is entitled to have his or her name
printed on the official primary election ballot However,
when there is only one candidate of any political party
qualified for an office, the name of the candidate shall
not be printed on the primary election ballot, and such
candidate shall be declared nominated for the office.
(2) Any candidate for party executive committee
member who has qualified as prescribed by law is
entitled to have his or her name printed on the primary
election ballot However, when there is only one
candidate of any political party qualified for such an
office, the name of the candidate shall not be printed on
the primary election ballot, and such candidate shall be
declared elected to the state or county executive
committee.
History -s. 27, ch. 6469,1913; RGS 331; CGL 388; s. 3, ch. 26870,1951; s. 1,
ch. 63-99; s. 5, ch. 65-378; s. 16, ch. 77-175; s. 21, ch. 89-338; s. 561, ch. 95-147; s.
15, ch. 2005-286.
Note. Former ss. 102.34, 99.041.
101.254 When nominated names to appear in
groups or districts. When an office requires the
nomination of more than one candidate, as many
groups or districts shall be numerically designated as
there are vacancies to be filled by nomination. Each
candidate shall indicate on his or her qualifying papers
the group or district in which the candidate desires his or
her name to appear on the ballot In addition any
candidate qualifying by the petition method must
indicate on his or her petition prior to circulating such
petition, which group or district for which the candidate
is attempting to qualify.
History. -s. 52, ch. 6469, 1913; s. 8, ch. 6874, 1915; RGS 356; CGL 413; s. 3,
ch. 26870, 1951; s 6, ch. 65-378; s. 16, ch. 77-175; s. 23, ch. 89-338; s. 563, ch.
95-147.
Note. -Former ss. 102.49, 99.051.
52
F.S. 2010
101.292 Definitions; ss. 101.292 -101.295. -As
used in ss. 101.292-101 295, the following terms shall
have the following meanings:
(1) "Governing body" means the board of county
commissioners of a county or any other governing body
empowered by general or special act or local ordinance
to purchase or sell voting equipment.
(2) `Voting equipment" means electronic or electro-
mechanical voting systems, voting devices, and auto-
matic tabulating equipment as defined in s. 101.5603,
as well as materials, parts or other equipment neces-
sary for the operation and maintenance of such systems
and devices, the individual or combined retail value of
which is in excess of the threshold amount for CATE-
GORY TWO purchases provided in s. 287.017.
(3) "Purchase" means a contract for the purchase,
lease, rental, or other acquisition of voting equipment.
History. -s 2, ch. 72-303; s. 17, ch. 73-156; s. 16, ch. 77-175; s. 4, ch. 84-302;
s. 5, ch. 89-348; s. 32, ch. 90-268; s. 10, ch. 2001-40.
101.293 Competitive sealed bids and proposals
required. -
(1) Any purchase of voting equipment, the individual
or combined retail value of which is in excess of the
threshold amount for CATEGORY TWO purchases
provided in s. 287.017, by a governing body shall be
by means of competitive sealed bids or competitive
sealed proposals from at least two bidders, except
under the following conditions:
(a) If a majority of the governing body agrees by vote
that an emergency situation exists in regard to the
purchase of such equipment to the extent that the
potential benefits derived from competitive sealed bids
or competitive sealed proposals are outweighed by the
detrimental effects of a delay in the acquisition of such
equipment, or
(b) If a majority of the governing body finds that there
is but a single source from which suitable equipment
may be obtained.
If such conditions are found to exist, the chair of the
governing body shall certify to the Division of Elections
the situation and conditions requiring an exception to
the competitive sealed bidding and competitive sealed
proposal requirements of this section. Such certification
shall be maintained on file by the division.
(2) The Division of Elections of the Department of
State shall establish bidding procedures for carrying out
the provisions and the intent of ss. 101.292-101.295
and each governing body shall follow the procedures so
established.
History. -s. 2, ch. 72-303; s. 18, ch. 73-156; s. 38, ch. 73-333; s. 16, ch. 77-175;
s. 5, ch. 84 302; s. 6, ch. 89-348; s. 1, ch. 90-268; s. 566, ch. 95-147.
101.294 Purchase and sale of voting equipment.
(1) The Division of Elections of the Department of
State shall adopt uniform rules for the purchase, use,
and sale of voting equipment in the state. No governing
body shall purchase or cause to be purchased any
voting equipment unless such equipment has been
certified for use in this state by the Department of State.
(2) Any governing body contemplating the purchase
or sale of voting equipment shall notify the Division of
Elections of such considerations. The division shall
F.S. 2010 VOTING METHODS AND PROCEDURE
attempt to coordinate the sale of excess or outmoded
e quipment by one county with purchases of necessary
equipment by other counties
(3) The division shall inform the governing bodies of
the various counties of the state of the availability of new
or used voting equipment and of sources available for
obtaining such equipment.
(4) A vendor of voting equipment may not provide an
u ncertified voting system, voting system component, or
voting system upgrade to a local governing body or
supervisor of elections in this state.
(5) Before or in conjunction with providing a voting
system, voting system component, or voting system
upgrade, the vendor shall provide the local governing
body or supervisor of elections with a sworn certification
that the voting system, voting system component or
voting system upgrade being provided has been
certified by the Division of Elections.
History -s. 2 ch. 72-303; s. 19, ch. 73 156• s. 17, ch. 77-175; s. 6, ch. 84-302;
s. 31, ch. 2005-277.
101.295 Penalties for violation. -
(1) Any member of a governing body which pur-
chases or sells voting equipment in violation of the
provisions of ss. 101.292-101.295, which member
knowingly votes to purchase or sell voting equipment
in violation of the provisions of ss. 101.292-101.295 is
guilty of a misdemeanor of the first degree, punishable
as provided by s. 775.082 or s 775.083, and shall be
subject to suspension from office on the grounds of
malfeasance.
(2) Any vendor, chief executive officer, or vendor
representative of voting equipment who provides a
voting system voting system component or voting
system upgrade in violation of this chapter commits a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History. -s. 2, ch 72-303; s. 18, ch. 77-175; s. 32, ch. 2005-277.
101.34 Custody of voting system. The super-
visor of elections shall be the custodian of the voting
system in the county and he or she shall appoint
deputies necessary to prepare and supervise the voting
system prior to and during elections. The compensation
for such deputies shall be paid by the supervisor of
elections.
History. -s. 3-A, ch. 22018, 1943; s. 4, ch. 24089, 1947; s. 5, ch. 26870, 1951;
s. 16, ch. 65-380; s. 18, ch. 77-175; s. 3, ch. 80-20; s. 567, ch. 95.147; 8. 11, ch.
2001-40.
Note. -Former s. 100.42.
101.341 Prohibited activities by voting system
custodians and deputy custodians. -
(1) No voting system custodian or deputy custodian
o r other employee of the supervisor of elections, which
e mployee's duties are primarily involved with the
preparation, maintenance, or repair of voting equip-
ment, may accept employment or any form of con-
sideration from any person or business entity involved in
the purchase, repair, or sale of voting equipment unless
such employment has the prior written approval of the
supervisor of elections of the county by which such
person is employed.
(2) Any person violating the provisions of this
section is guilty of a misdemeanor of the first degree,
53
punishable as provided by s. 775.082 or
Such person shall also be subject to
discharge from his or her position
History. -s. 3, ch. 72.303; 8.4, eh. 80-20; s. 568 ch, 95-147; s. 12, ch. 2001-40.
101.43 Substitute ballot. -When the required of-
ficial ballots for a precinct are not delivered in time to be
used on election day, or after delivery, are lost,
destroyed or stolen, the clerk or other officials whose
duty it is to provide ballots for use at such election in lieu
of the official ballots, shall have substitute ballots
prepared conforming as nearly as possible to the
official ballots, and the board of election shall substitute
these ballots to be used in the same manner as the
official ballots would have been used at the election
History. -s. 15, ch. 13893, 1929; CGL 1936 Supp. 337(15); s. 5, ch 26870,
1951; s. 13, ch. 2001-40.
Note. -Former s. 100.15.
Ch. 101
s. 775.083.
immediate
101.49 Procedure of election officers where
signatures differ. -
(1) Whenever any clerk or inspector, upon a just
comparison of the signatures, doubts that the signature
on the identification presented by the elector is the same
as the signature the elector affixed on the precinct
register or early voting certificate, the clerk or inspector
shall deliver to the person an affidavit which shall be in
substantially the following form:
STATE OF FLORIDA,
COUNTY OF
I do solemnly swear (or affirm) that my name is _,
that I am years old; that I was born in the State of
_ that I am registered to vote; that I am a qualified
voter of the county and state aforesaid and have not
voted in this election.
(Sionature of voter)
Sworn to and subscribed before me this day of
-, A. D. (year)
(Clerk or insoector of erection)
Precinct No _
County of __
(2) The person shall fill out, in his or her own
handwriting or with assistance from a member of the
election board, the form and make an affidavit to the
facts stated in the filled-in form; such affidavit shall then
be sworn to and subscribed before one of the inspectors
or clerks of the election who is authorized to administer
the oath. Whenever the affidavit is made and filed with
the clerk or inspector the person shall then be admitted
to cast his or her vote but if the person fails or refuses to
make out or file such affidavit and asserts his or her
eligibility, then he or she shall be entitled to vote a
provisional ballot.
History. -s. 2, ch 18407, 1937; CGL 1940 Supp. 337(28-d); s. 2, ch. 22018,
1943; s. 5, ch. 26870, 1951; s.18, ch. 77-175; s. 573, ch. 95-147; s. 11, ch. 99-6; s.
14, ch. 2001-40; s. 33, ch. 2005-277.
Note. -Former s. 100.35.
Ch. 101 VOTING METHODS AND PROCEDURE
101.51 Electors to occupy booth alone.
(1) When the elector presents himself or herself to
vote an election official shall permit the elector to enter
the booth or compartment to cast his or her vote,
allowing only one elector at a time to pass through to
vote. An elector, while casting his or her ballot, may not
occupy a booth or compartment already occupied or
speak with anyone, except as provided by s. 101.051.
(2) After casting his or her vote, the elector shall at
once leave the polling room by the exit opening and
shall not be permitted to reenter on any pretext
whatever.
History. -ss. 44, 45, ch. 4328, 1895; GS 228, 229; RGS 273, 274; CGL 329,
330; s. 20, ch. 13893, 1929; 1936 Supp. 337(20); s. 5, ch. 26870, 1951; s. 25, ch.
65-380; s. 18, ch. 77-175; s. 574, ch. 95-147; s. 11, ch. 2002-281; s. 34, ch.
2005-277; s. 19, ch. 2008-95.
Note. -Former ss. 99.27, 99.28, 100.20.
101.545 Retention and destruction of certain
e lection materials. -All ballots, forms, and other
election materials shall be retained in the custody of
the supervisor of elections in accordance with the
schedule approved by the Division of Library and
Information Services of the Department of State. All
u nused ballots, forms, and other election materials may
with the approval of the Department of State, be
destroyed by the supervisor after the election for
which such ballots, forms, or other election materials
were to be used.
History. -s. 20, ch. 77-175; s. 15, ch. 2001-60.
101.5601 Short title. Sections 101.5601-
101 5614 may be cited as the ' Electronic Voting
Systems Act."
History. -s. 1, ch. 73-156; s. 9, ch. 2002-17.
101.5602 Purpose. -The purpose of this act is to
authorize the use of electronic and electromechanical
voting systems in which votes are registered electro-
n ically or are tabulated on automatic tabulating equip-
ment or data processing equipment.
History. -s. 2, ch. 73-156; s. 21, ch. 77 175; s. 7, ch. 84-302.
101.5603 Definitions relating to Electronic Vot-
ing Systems Act. -As used in this act the term:
(1) "Automatic tabulating equipment" includes ap-
paratus necessary to automatically examine, count, and
record votes.
(2) "Ballot" means the card, tape, or other vehicle
upon which the electors choices are recorded,
(3) ' Ballot information" means the material contain-
ing the names of offices and candidates and the
questions to be voted on.
(4) "Electronic or electromechanical voting system'
means a system of casting votes by use of voting
devices or marking devices and counting ballots by
employing automatic tabulating equipment or data
processing equipment, and the term includes touchsc-
reen systems.
(5) "Marking device" means any approved device for
marking a ballot with ink or other substance which will
enable the ballot to be tabulated by means of automatic
tabulating equipment.
54
F.S. 2010
(6) "Secrecy envelope" means an opaque device,
used for enclosing a marked ballot, which conceals the
voter's choices.
(7) "Software" means the programs and routines
used to employ and control the capabilities of data
processing hardware, including, without limitation, op-
erating systems compilers, assemblers utilities, library
routines, maintenance routines, applications and com-
puter networking programs.
(8) "Voting device' means an apparatus by which
votes are registered electronically.
History. -s. 3, ch. 73-156; s. 21, ch.77-175; s. 8, ch. 84-302; s. 8, ch. 89-348; s.
15, ch. 2001-40.
101.5604 Adoption of system; procurement of
equipment; commercial tabulations. -The board of
county commissioners of any county, at any regular
meeting or a special meeting called for the purpose,
may upon consultation with the supervisor of elections,
adopt, purchase or otherwise procure, and provide for
the use of any electronic or electromechanical voting
system approved by the Department of State in all or a
portion of the election precincts of that county. There-
after the electronic or electromechanical voting system
may be used for voting at all elections for public and
party offices and on all measures and for receiving,
registering, and counting the votes thereof in such
election precincts as the governing body directs. A
county must use an electronic or electromechanical
precinct -count tabulation voting system.
History. -s. 4, ch. 73 156; s. 21, ch. 77-175; s. 16, ch. 2001-40.
101.56042 Punch card type systems prohibited.
Effective September 2, 2002, a voting system that uses
an apparatus or device for the piercing of ballots by the
voter may not be used in this state.
History. -s. 17, ch. 2001-40.
101.5605 Examination and approval of equip-
ment.-
(1) The Department of State shall publicly examine
all makes of electronic or electromechanical voting
systems submitted to it and determine whether the
systems comply with the requirements of s. 101.5606.
(2)(a) Any person owning or interested in an electro-
nic or electromechanical voting system may submit it to
the Department of State for examination. The vote
counting segment shall be certified after a satisfactory
evaluation testing has been performed according to
electronic industry standards. This testing shall include,
but is not limited to, testing of all software required for
the voting system's operation; the ballot reader; the rote
processor, especially in its logic and memory compo-
nents; the digital printer; the fail-safe operations' the
counting center environmental requirements' and the
equipment reliability estimate. For the purpose of
assisting in examining the system, the department
shall employ or contract for services of at least one
individual who is expert in one or more fields of data
processing, mechanical engineering, and public admin-
istration and shall require from the individual a written
report of his or her examination
(b) The person submitting a system for approval or
the board of county commissioners of any county
F.S. 2010 VOTING METHODS AND PROCEDURE
seeking approval of a given system shall reimburse the
Department of State in an amount equal to the actual
costs incurred by the department in examining the
system. Such reimbursement shall be made whether or
not the system is approved by the department.
(c) Neither the Secretary of State nor any examiner
shall have any pecuniary interest in any voting equip-
ment,
(d) The Department of State shall approve or dis-
approve any voting system submitted to it within 90 days
after the date of its initial submission
(3)(a) Within 30 days after completing the examina-
tion and upon approval of any electronic or electro-
mechanical voting system, the Department of State
shall make and maintain a report on the system
together with a written or printed description and
drawings and photographs clearly identifying the sys-
tem and the operation thereof. As soon as practicable
after such filing, the department shall send a notice of
certification and, upon request, a copy of the report to
the governing bodies of the respective counties of the
state. Any voting system that does not receive the
approval of the department shall not be adopted for or
used at any election.
(b) After a voting system has been approved by the
Department of State, any change or improvement in the
system is required to be approved by the department
prior to the adoption of such change or improvement by
any county. If any such change or improvement does
not comply with the requirements of this act, the
department shall suspend all sales of the equipment
or system in the state until the equipment or system
complies with the requirements of this act.
(4) The Department of State may at any time
reexamine any system, or any part thereof which has
previously been approved for the purpose of updating
the certification of the system.
History.—s. 5 ch. 73-156; s. 21, ch. 77-175; s. 9, ch. 84-302; s. 12, ch. 85-80; 5.
9, ch. 89-348; s. 577, ch. 95-147.
101.5606 Requirements for approval of sys-
tems No electronic or electromechanical voting sys-
tem shall be approved by the Department of State
u nless it is so constructed that:
(1) It permits and requires voting in secrecy.
(2) It permits each elector to vote at any election for
all persons and offices for whom and for which the
e lector is lawfully entitled to vote, and no others, to vote
for as many persons for an office as the elector is
entitled to vote for; and to vote for or against any
question upon which the elector is entitled to vote.
(3) It immediately rejects a ballot where the number
of votes for an office or measure exceeds the number
which the voter is entitled to cast or where the tabulating
e quipment reads the ballot as a ballot with no votes
cast
(4) For systems using marksense ballots it accepts
a rejected ballot pursuant to subsection (3) if a voter
chooses to cast the ballot, but records no vote for any
office that has been overvoted or undervoted.
(5) It is capable of correctly counting votes.
(6) It permits each voter at a primary election to vote
only for the candidates seeking nomination by the
political party in which such voter is registered, for
55
Ch. 101
any candidate for nonpartisan office, and for any
question upon which the voter is entitled to vote.
(7) At presidential elections it permits each elector,
by one operation, to vote for all presidential electors of a
party or for all presidential electors of candidates for
President and Vice President with no party affiliation.
(8) It provides a method for write-in voting
(9) It is capable of accumulating a count of the
specific number of ballots tallied for a precinct, accu-
mulating total votes by candidate for each office, and
accumulating total votes for and against each question
and issue of the ballots tallied for a precinct
(10) It is capable of tallying votes from ballots of
different political parties from the same precinct in the
case of a primary election.
(11) It is capable of automatically producing precinct
totals in printed marked, or punched form, or a
combination thereof.
(12) If it is of a type which registers votes electro-
nically, it will permit each voter to change his or her vote
for any candidate or upon any question appearing on
the official ballot up to the time that the voter takes the
final step to register his or her vote and to have the vote
computed.
(13) It is capable of providing records from which the
operation of the voting system may be audited
(14) It uses a precinct -count tabulation system.
(15) It does not use an apparatus or device for the
piercing of ballots by the voter.
History—s. 6, ch. 73-156; s. 21, ch, 77 175; s.10, ch. 84-302; s. 10, ch. 89-348;
s. 578, ch. 95-147; s. 17, ch. 99-318; s.18, ch. 2001-40; s. 10, ch. 2002-17; s. 35, ch.
2005-277.
101.56062 Standards for accessible voting sys-
tems
(1) Notwithstanding anything in this chapter to the
contrary each voting system certified by the Depart-
ment of -State for use in local, state, and federal
elections must include the capability to install accessible
voter interface devices in the system configuration
which will allow the system to meet the following
minimum standards:
(a) The voting system must provide a tactile input or
audio input device, or both.
(b) The voting system must provide a method by
which voters can confirm any tactile or audio input by
having the capability of audio output using synthetic or
recorded human speech that is reasonably phonetically
accurate.
(c) Any operable controls on the input device which
are needed for voters who are visually impaired must be
discernible tactilely without actuating the keys.
(d) Audio and visual access approaches must be
able to work both separately and simultaneously.
(e) If a nonaudio access approach is provided, the
system may not require color perception The system
must use black text or graphics, or both on white
background or white text or graphics, or both, on black
background, unless the office of the Secretary of State
approves other high-contrast color combinations that do
not require color perception
(f) Any voting system that requires any visual
perception must offer the election official who programs
the system, prior to its being sent to the polling place,
Ch. 101 VOTING METHODS AND PROCEDURE
the capability to set the font size, as it appears to the
voter, from a minimum of 14 points to a maximum of 24
points.
(g) The voting system must provide audio informa-
tion including any audio output using synthetic or
recorded human speech or any auditory feedback
tones that are important for the use of the audio
approach, through at least one mode, by handset or
headset, in enhanced auditory fashion (increased
amplification), and must provide incremental volume
control with output amplification up to a level of at least
97 dB SPL
(h) For transmitted voice signals to the voter, the
voting system must provide a gain adjustable up to a
minimum of 20 dB with at least one intermediate step of
12 dB of gain.
(i) For the safety of others, if the voting system has
the possibility of exceeding 120 dB SPL, then a
mechanism must be included to reset the volume
automatically to the voting system's default volume
level after every use, for example when the handset is
replaced, but not before. Also, universal precautions in
the use and sharing of headsets should be followed.
(j) If sound cues and audible information such as
"beeps' are used, there must be simultaneous corre-
sponding visual cues and information.
(k) Controls and operable mechanisms must be
operable with one hand, including operability with a
closed fist, and operable without tight grasping, pinch-
ing, or twisting of the wrist.
(I) The force required to operate or activate the
controls must be no greater than 5 pounds of force.
(m) Voting booths must have voting controls at a
minimum height of 36 inches above the finished floor
with a minimum knee clearance of 27 inches high 30
inches wide, and 19 inches deep, or the accessible
voter interface devices must be designed so as to allow
their use on top of a table to meet these requirements.
Tabletop installations must include adequate privacy.
(n) Any audio ballot must provide the voter with the
following functionalities:
1. After the initial instructions that the system
requires election officials to provide to each voter the
voter should be able to independently operate the voter
interface through the final step of casting a ballot without
assistance.
2. The voter must be able to determine the races
that he or she is allowed to vote in and to determine
which candidates are available in each race.
3. The voter must be able to determine how many
candidates may be selected in each race.
4. The voter must be able to have confidence that
the physical or vocal inputs given to the system have
selected the candidates that he or she intended to
select.
5. The voter must be able to review the candidate
selections that he or she has made.
6. Prior to the act of casting the ballot, the voter
must be able to change any selections previously made
and confirm a new selection.
7. The system must communicate to the voter the
fact that the voter has failed to vote in a race or has
failed to vote the number of allowable candidates in any
56
F.S. 2010
race and require the voter to confirm his or her intent to
undervote before casting the ballot
8. The system must prevent the voter from over -
voting any race.
9. The voter must be able to input a candidate's
name in each race that allows a write-in candidate.
10. The voter must be able to review his or her write-
in input to the interface, edit that input, and confirm that
the edits meet the voter's intent.
11. There must be a clear identifiable action that the
voter takes to "cast" the ballot. The system must make
clear to the voter how to take this action so that the voter
has minimal risk of taking the action accidentally but,
when the voter intends to cast the ballot, the action can
be easily performed.
12. Once the ballot is cast, the system must confirm
to the voter that the action has occurred and that the
voter's process of voting is complete.
13. Once the ballot is cast, the system must preclude
the voter from modifying the ballot cast or voting or
casting another ballot.
The functionalities required in this paragraph for certi
fication may be satisfied by either the voting device or by
the entire voting system.
(2) Such voting system must include at least one
accessible voter interface device installed in each
polling place which meets the requirements of this
section, except for paragraph (1)(d).
(3) The Department of State may adopt rules in
accordance with s. 120.54 which are necessary to
administer this section.
History.—s. 12, ch. 2002-281; s. 34, ch. 2005-278; s. 1, ch. 2006-111.
101.56063 Accessibility of voting systems and
polling places; intent; eligibility for federal funding
It is the intent of the Legislature that this state be eligible
for any funds that are available from the Federal
Government to assist states in providing or improving
accessibility of voting systems and polling places for
persons having a disability. Accordingly all state laws,
rules, standards, and codes governing voting, systems
and polling place accessibility must be maintained to
ensure the state's eligibility to receive federal funds. It is
the intent of the Legislature that all state requirements
meet or exceed the minimum federal requirements for
voting systems and polling place accessibility. This
section shall take effect upon this act becoming a law.
History.—s. 13, ch 2002 281.
101.56064 Application for federal funds under
ch 2002-281.—The state may apply for all available
federal funds to be used to pay for the costs associated
with this act.
History.—s. 21, ch. 2002-281.
101.5607 Department of State to maintain voting
system information; prepare software.—
(1)(a) Copies of the program codes and the user and
operator manuals and copies of all software and any
other information, specifications, or documentation
required by the Department of State relating to an
approved electronic or electromechanical voting system
and its equipment must be filed with the Department of
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
State by the supervisor of elections at the time of
purchase or implementation. Any such information or
materials that are not on file with and approved by the
Department of State, including any updated or modified
materials, may not be used in an election.
(b) Within 24 hours after the completion of any logic
and accuracy test conducted pursuant to s. 101.5612,
the supervisor of elections shall send by certified mail to
the Department of State a copy of the tabulation
program which was used in the logic and accuracy
testing.
(c) The Department of State may, at any time,
review the voting system of any county to ensure
compliance with the Electronic Voting Systems Act.
(d) Section 119.071(1)(f) applies to all software on
file with the Department of State.
(2)(a) The Department of State may develop soft-
ware for use with an electronic or electromechanical
voting system. The standards and examination proce-
dures developed for software apply to all software
developed by the Department of State
(b) Software prepared by the Department of State is
a public record pursuant to chapter 119 and shall be
provided at the actual cost of duplication.
History.—s. 7, ch. 73-156; s. 21, ch. 77-175; s. 4, ch. 82-143; s. 11, ch. 84-302;
s. 11, ch. 89 348; s. 25, ch. 90-344; s. 21, ch. 95-398; s. 19, ch. 2001-40; s. 32, ch.
2004-335; s 41, ch. 2005-251.
101.56075 Voting methods.—
(1) Except as provided in subsection (2), all voting
shall be by marksense ballot utilizing a marking device
for the purpose of designating ballot selections
(2) Persons with disabilities may vote on a voter
interface device that meets the voting system accessi-
bility requirements for individuals with disabilities pur-
suant to s. 301 of the federal Help America Vote Act of
2002 and s. 101.56062.
(3) By 2016, persons with disabilities shall vote on a
voter interface device that meets the voter accessibility
requirements for individuals with disabilities under s
301 of the federal Help America Vote Act of 2002 and s.
101.56062 which are consistent with subsection (1) of
this section.
History.—s. 6, ch. 2007-30; s. 5, ch. 2010-167.
101.5608 Voting by electronic or electromecha-
nical method; procedures —
(1) Each elector desiring to vote shall be identified to
the clerk or inspector of the election as a duly qualified
elector of such election and shall sign his or her name
on the precinct register or other form or device provided
by the supervisor. The inspector shall compare the
signature with the signature on the identification pro-
vided by the elector. If the inspector is reasonably sure
that the person is entitled to vote, the inspector shall
provide the person with a ballot.
(2) When an electronic or electromechanical voting
system utilizes a ballot card or marksense ballot, the
following procedures shall be followed:
(a) After receiving a ballot from an inspector, the
elector shall, without leaving the polling place, retire to a
booth or compartment and mark the ballot After
marking his or her ballot, the elector shall place the
ballot in a secrecy envelope so that the ballot will be
deposited in the tabulator without exposing the voter's
choices.
(b) Any voter who spoils his or her ballot or makes an
error may return the ballot to the election official and
secure another ballot except that in no case shall a
voter be furnished more than three ballots. If the vote
tabulation device has rejected a ballot, the ballot shall
be considered spoiled and a new ballot shall be
provided to the voter unless the voter chooses to cast
the rejected ballot The election official, without exam-
ining the original ballot, shall state the possible reasons
for the rejection and shall provide instruction to the voter
pursuant to s. 101.5611. A spoiled ballot shall be
preserved without examination, in an envelope pro-
vided for that purpose. The stub shall be removed from
the ballot and placed in an envelope
(c) The supervisor of elections shall prepare for
each polling place at least one ballot box to contain the
ballots of a particular precinct, and each ballot box shall
be plainly marked with the name of the precinct for
which it is intended.
(3) The Department of State shall promulgate rules
regarding voting procedures to be used when an
electronic or electromechanical voting system is of a
type which does not utilize a ballot card or marksense
ballot
(4) In any election in which a write-in candidate has
qualified for office, the supervisor of elections shall
provide for write-in voting pursuant to rules adopted by
the Division of Elections.
History.—s. 8, ch. 73 156 s. 21, ch. 77-175; s. 13, ch. 81-105; s. 5, ch. 82-143;
s. 12, ch. 84-302; s. 579, ch. 95-147; s. 20, ch. 2001-40; s. 11, ch. 2002-17; s. 36, ch.
2005-277; s. 35, ch. 2005-278; s. 20, ch. 2008-95.
57
101.5610 Inspection of ballot by election board.
The election board of each precinct shall cause the
voting devices to be put in order, set, adjusted, and
made ready for voting when delivered to the polling
places. Before the opening of the polls the election
board shall compare the ballots or the ballot information
used in the voting devices with the sample ballots
furnished and see that the names, numbers, and letters
thereon agree and shall certify thereto on forms
provided by the supervisor of elections.
History.—s. 10, ch. 73-156; s. 14, ch. 84-302; s. 4, ch. 86-200.
101.5611 Instructions to electors.
(1) The supervisor of elections shall provide instruc-
tion at each polling place regarding the manner of voting
with the system. In instructing voters, no precinct official
may favor any political party, candidate, or issue Such
instruction shall show the arrangement of candidates
and questions to be voted on. Additionally, the super-
visor of elections shall provide instruction on the proper
method of casting a ballot for the specific voting system
utilized in that jurisdiction. Such instruction shall be
provided at a place which voters must pass to reach the
official voting booth.
(2) The supervisor of elections shall have posted at
each polling place a notice that reads: 'A person who
commits or attempts to commit any fraud in connection
with voting, votes a fraudulent ballot, or votes more than
once in an election can be convicted of a felony of the
Ch. 101 VOTING METHODS AND PROCEDURE
third degree and fined up to $5,000
for up to 5 years.'
History.—s. 11, ch. 73-156; s. 21, ch. 77-175; s.
98-129 s. 12, ch. 2002-17.
and/or imprisoned
581, ch. 95-147; s. 12, ch.
101.5612 Testing of tabulating equipment.
(1) All electronic or electromechanical voting sys-
tems shall be thoroughly tested at the conclusion of
maintenance and programming. Tests shall be sufficient
to determine that the voting system is properly pro-
grammed, the election is correctly defined on the voting
system, and all of the voting system input, output, and
communication devices are working properly.
(2) On any day not more than 10 days prior to the
commencement of early voting as provided in s.
101.657, the supervisor of elections shall have the
automatic tabulating equipment publicly tested to as-
certain that the equipment will correctly count the votes
cast for all offices and on all measures. If the ballots to
be used at the polling place on election day are not
available at the time of the testing, the supervisor may
conduct an additional test not more than 10 days before
election day. Public notice of the time and place of the
test shall be given at least 48 hours prior thereto by
publication on the supervisor of elections' website and
once in one or more newspapers of general circulation
in the county or, if there is no newspaper of general
circulation in the county, by posting the notice in at least
four conspicuous places in the county. The supervisor
or the municipal elections official may, at the time of
qualifying, give written notice of the time and location of
the public preelection test to each candidate qualifying
with that office and obtain a signed receipt that the
notice has been given The Department of State shall
give written notice to each statewide candidate at the
time of qualifying or immediately at the end of qualify-
ing, that the voting equipment will be tested and advise
each candidate to contact the county supervisor of
elections as to the time and location of the public
preelection test. The supervisor or the municipal elec-
tions official shall, at least 15 days prior to the
commencement of early voting as provided in s.
101.657, send written notice by certified mail to the
county party chair of each political party and to all
candidates for other than statewide office whose names
appear on the ballot in the county and who did not
receive written notification from the supervisor or
municipal elections official at the time of qualifying,
stating the time and location of the public preelection
test of the automatic tabulating equipment. The canvas-
sing board shall convene, and each member of the
canvassing board shall certify to the accuracy of the
test. For the test, the canvassing board may designate
one member to represent it. The test shall be open to
representatives of the political parties, the press, and
the public Each political party may designate one
person with expertise in the computer field who shall
be allowed in the central counting room when all tests
are being conducted and when the official votes are
being counted. The designee shall not interfere with the
normal operation of the canvassing board.
(3) For electronic or electromechanical voting sys-
tems configured to tabulate absentee ballots at a central
or regional site, the public testing shall be conducted by
58
F.S. 2010
processing a preaudited group of ballots so produced as
to record a predetermined number of valid votes for
each candidate and on each measure and to include
one or more ballots for each office which have activated
voting positions in excess of the number allowed by law
in order to test the ability of the automatic tabulating
equipment to reject such votes. If any error is detected
the cause therefor shall be corrected and an errorless
count shall be made before the automatic tabulating
equipment is approved. The test shall be repeated and
errorless results achieved immediately before the start
of the official count of the ballots and again after the
completion of the official count. The programs and
ballots used for testing shall be sealed and retained
u nder the custody of the county canvassing board.
(4)(a)1. For electronic or electromechanical voting
systems configured to include electronic or electrome-
chanical tabulation devices which are distributed to the
precincts all or a sample of the devices to be used in the
election shall be publicly tested If a sample is to be
tested, the sample shall consist of a random selection of
at least 5 percent of the devices for an optical scan
system or 2 percent of the devices for a touchscreen
system or 10 of the devices for either system as
applicable, whichever is greater. The test shall be
conducted by processing a group of ballots, causing
the device to output results for the ballots processed,
and comparing the output of results to the results
expected for the ballots processed. The group of ballots
shall be produced so as to record a predetermined
n umber of valid votes for each candidate and on each
measure and to include for each office one or more
ballots which have activated voting positions in excess
of the number allowed by law in order to test the ability of
the tabulating device to reject such votes.
2 If any tested tabulating device is found to have an
error in tabulation it shall be deemed unsatisfactory.
For each device deemed unsatisfactory the canvassing
board shall take steps to determine the cause of the
e rror, shall attempt to identify and test other devices that
could reasonably be expected to have the same error
and shall test a number of additional devices sufficient
to determine that all devices are satisfactory. Upon
deeming any device unsatisfactory, the canvassing
board may require all devices to be tested or may
declare that all devices are unsatisfactory.
3 If the operation or output of any tested tabulation
device, such as spelling or the order of candidates on a
report, is in error, such problem shall be reported to the
canvassing board The canvassing board shall then
determine if the reported problem warrants its deeming
the device unsatisfactory
(b) At the completion of testing under this subsec-
tion, the canvassing board or its representative, the
representatives of the political parties and the candi-
dates or their representatives who attended the test
shall witness the resetting of each device that passed to
a preelection state of readiness and the sealing of each
device that passed in such a manner as to secure its
state of readiness until the opening of the polls.
(c) The canvassing board or its representative shall
execute a written statement setting forth the tabulation
devices tested, the results of the testing, the protective
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
counter numbers, if applicable, of each tabulation
device, the number of the seal securing each tabulation
device at the conclusion of testing, any problems
reported to the board as a result of the testing, and
whether each device tested is satisfactory or unsatis-
factory.
(d) Any tabulating device deemed unsatisfactory
shall be recoded, repaired, or replaced and shall be
made available for retesting. Such device must be
determined by the canvassing board or its representa-
tive to be satisfactory before it may be used in any
election. The canvassing board or its representative
shall announce at the close of the first testing the date,
place, and time that any unsatisfactory device will be
retested or may, at the option of the board, notify by
telephone each person who was present at the first
testing as to the date, place, and time that the retesting
will occur.
(e) Records must be kept of all preelection testing of
electronic or electromechanical tabulation devices used
in any election. Such records are to be present and
available for inspection and reference during public
preelection testing by any person in attendance during
such testing. The need of the canvassing board for
access to such records during the testing shall take
precedence over the need of other attendees to access
such records so that the work of the canvassing board
will not be delayed or hindered. Records of testing must
include for each device, the name of each person who
tested the device and the date, place, time, and results
of each test. Records of testing shall be retained as part
of the official records of the election in which any device
was used.
(5) Any tests involving marksense ballots pursuant
to this section shall employ test ballots created by the
supervisor of elections using actual ballots that have
been printed for the election. If ballot -on -demand ballots
will be used in the election, the supervisor shall also
create test ballots using the ballot -on -demand technol-
ogy that will be used to produce ballots in the election,
using the same paper stock as will be used for ballots in
the election.
History.—s. 12, ch. 73-156; s. 21, ch. 77-175; s. 39, ch. 79.400; s. 2, ch. 81-29;
s. 24, ch. 83 217; s. 15, ch. 84-302; s. 582, ch. 95-147; s. 21, ch. 2001-40; s. 13, ch.
2002-17; s. 11, ch. 2004-252; s. 37, ch. 2005-277; s. 7, ch. 2007-30; s. 6, ch.
2010-167.
101.5613 Examination of equipment during vot-
ing —A member of the election board or, for purposes
of early voting pursuant to s 101.657, a representative
of the supervisor of elections shall occasionally examine
the face of the voting device and the ballot information to
determine that the device and the ballot information
have not been damaged or tampered with.
History.—s. 13, ch. 73.156; s. 21, ch. 77-175; s. 16, ch. 84-302; s. 12, ch.
2004-252.
101.5614 Canvass of returns.—
(1) As soon as the polls are closed, the election
board shall secure the voting devices against further
voting. The election board shall thereafter, in the
presence of members of the public desiring to witness
the proceedings, verify the number of voted ballots,
unused ballots provisional ballots, and spoiled ballots to
ascertain whether such number corresponds with the
59
n umber of ballots issued by the supervisor. If there is a
difference, this fact shall be reported in writing to the
county canvassing board with the reasons therefor if
known. The total number of voted ballots shall be
e ntered on the forms provided. The proceedings of
the election board at the precinct after the polls have
closed shall be open to the public however, no person
except a member of the election board shall touch any
ballot or ballot container or interfere with or obstruct the
o rderly count of the ballots.
(2) The Department of State shall, in accordance
with s. 101.015, adopt rules that provide safeguards for
the counting of votes at a precinct and at a central or
regional location.
(3) The results of ballots tabulated at precinct
locations may be transmitted to the main computer
system for the purpose of compilation of complete
returns. The security guidelines for transmission of
returns shall conform to rules adopted by the Depart-
ment of State pursuant to s. 101 015.
(4) If ballot cards are used, and separate write-in
ballots or envelopes for casting write-in votes are used,
write-in ballots or the envelopes on which write-in ballots
have been cast shall be serially numbered, starting with
the number one, and the same number shall be placed
on the ballot card of the voter. This process may be
completed at either the precinct by the election board or
at the central counting location For each ballot or ballot
and ballot envelope on which write-in votes have been
cast, the canvassing board shall compare the write-in
votes with the votes cast on the ballot card if the total
number of votes for any office exceeds the number
allowed by law, a notation to that effect, specifying the
office involved shall be entered on the back of the ballot
card or in a margin if voting areas are printed on both
sides of the ballot card. Such votes shall not be counted.
All valid votes shall be tallied by the canvassing board
(5) If any absentee ballot is physically damaged so
that it cannot properly be counted by the automatic
tabulating equipment a true duplicate copy shall be
made of the damaged ballot in the presence of
witnesses and substituted for the damaged ballot
Likewise, a duplicate ballot shall be made of an
absentee ballot containing an overvoted race or a
marked absentee ballot in which every race is under -
voted which shall include all valid votes as determined
by the canvassing board based on rules adopted by the
division pursuant to s. 102.166(4). AH duplicate ballots
shall be clearly labeled `duplicate,' bear a serial number
which shall be recorded on the defective ballot, and be
counted in lieu of the defective ballot. After a ballot has
been duplicated, the defective ballot shall be placed in
an envelope provided for that purpose, and the dupli-
cate ballot shall be tallied with the other ballots for that
precinct.
(6) If there is no clear indication on the ballot that the
voter has made a definite choice for an office or ballot
measure, the electors ballot shall not be counted for
that office or measure, but the ballot shall not be
invalidated as to those names or measures which are
properly marked.
(7) Absentee ballots may be counted by automatic
tabulating equipment if they have been marked in a
Ch. 101 VOTING METHODS AND PROCEDURE
manner which will enable them to be properly counted
by such equipment.
(8) The return printed by the automatic tabulating
equipment, to which has been added the return of write-
in absentee, and manually counted votes and votes
from provisional ballots, shall constitute the official
return of the election upon certification by the canvas-
sing board. Upon completion of the count, the returns
shall be open to the public A copy of the returns may be
posted at the central counting place or at the office of the
supervisor of elections in lieu of the posting of returns at
individual precincts.
(9) Any supervisor of elections, deputy supervisor of
elections, canvassing board member, election board
member, or election employee who releases the results
of any election prior to the closing of the polls in that
county on election day commits a felony of the third
degree, punishable as provided in s. 775 082 s
775.083, or s. 775 084.
History. -s.14, ch. 73-156; s. 1, ch. 77-174; s. 21, ch. 77-175; s. 14, ch. 81-105;
s. 17, ch. 84-302; s. 1, ch. 85 17; s. 5, ch. 86-200; s. 17, ch. 90-315; s. 1, ch. 94-208;
ss. 22, 37, ch. 2001-40, ss. 14, 15, ch. 2002-17; s. 38, ch. 2005-277.
101.572 Public inspection of ballots. The offi-
cial ballots and ballot cards received from election
boards and removed from absentee ballot mailing
e nvelopes shall be open for public inspection or
examination while in the custody of the supervisor of
e lections or the county canvassing board at any
reasonable time, under reasonable conditions; how-
ever, no persons other than the supervisor of elections
or his or her employees or the county canvassing board
shall handle any official ballot or ballot card. If the ballots
are being examined prior to the end of the contest period
in s 102 168 the supervisor of elections shall make a
reasonable effort to notify all candidates whose names
appear on such ballots or ballot cards by telephone or
o therwise of the time and place of the inspection or
examination. All such candidates, or their representa-
tives, shall be allowed to be present during the
inspection or examination.
History. -s. 2, ch. 86-199; s. 583, ch. 95-147; s. 39, ch. 2005-277.
101.58 Supervising and observing registration
and election processes. -
(1) The Department of State may, at any time it
deems fit; upon the petition of 5 percent of the registered
electors; or upon the petition of any candidate, county
executive committee chair, state committeeman or
committeewoman or state executive committee chair,
appoint one or more deputies whose duties shall be to
observe and examine the registration and election
processes and the condition custody, and operation
of voting systems and equipment in any county or
municipality The deputy shall have access to all
registration books and records as well as any other
records or procedures relating to the voting process
The deputy may supervise preparation of the voting
equipment and procedures for election, and it shall be
unlawful for any person to obstruct the deputy in the
performance of his or her duty. The deputy shall file with
the Department of State a report of his or her findings
and observations of the registration and election
processes in the county or municipality, and a copy of
60
F.S. 2010
the report shall also be filed with the clerk of the circuit
court of said county. The compensation of such
deputies shall be fixed by the Department of State;
and costs incurred under this section shall be paid from
the annual operating appropriation made to the Depart-
ment of State.
(2) Upon the written direction of the Secretary of
State, any employee of the Department of State having
expertise in the matter of concern to the Secretary of
State shall have full access to all premises, records
equipment and staff of the supervisor of elections.
History. -s. 13, ch 18405 1937; CGL 1940 Supp. 337(28-b); s. 5, ch. 26870,
1951; s. 1, ch. 63-256; ss. 10, 35, ch. 69-106; s. 1, ch. 73-305; s. 21, ch. 77-175; s.
26, ch. 89-338; s. 584, ch. 95 147; s. 23, ch. 2001-40; s. 40, ch. 2005-277.
Note. -Former s. 100.31.
101.591 Voting system audit.
(1) Immediately following the certification of each
election, the county canvassing board or the local board
responsible for certifying the election shall conduct a
manual audit of the voting systems used in randomly
selected precincts.
(2) The audit shall consist of a public manual tally of
the votes cast in one randomly selected race that
appears on the ballot The tally sheet shall include
election -day, absentee, early voting, provisional, and
overseas ballots, in at least 1 percent but no more than 2
percent of the precincts chosen at random by the county
canvassing board or the local board responsible for
certifying the election. If 1 percent of the precincts is less
than one entire precinct the audit shall be conducted
using at least one precinct chosen at random by the
county canvassing board or the local board responsible
for certifying the election. Such precincts shall be
selected at a publicly noticed canvassing board meet-
ing.
(3) The canvassing board shall post a notice of the
audit, including the date, time; arid place, in four
conspicuous places in the county and on the home
page of the county supervisor of elections website.
(4) The audit must be completed and the results
made public no later than 11:59 p.m. on the 7th day
following certification of the election by the county
canvassing board or the local board responsible for
certifying the election.
(5) Within 15 days after completion of the audit, the
county canvassing board or the board responsible for
certifying the election shall provide a report with the
results of the audit to the Department of State in a
standard format as prescribed by the department. The
report shall contain but is not limited to the following
items.
(a) The overall accuracy of audit.
(b) A description of any problems or discrepancies
encountered.
(c) The likely cause of such problems or discrepan-
cies.
(d) Recommended corrective action with respect to
avoiding or mitigating such circumstances in future
elections.
History. -s. 14, ch. 89-348; s. 41, ch. 97-13; s. 8, ch. 2007-30.
101.5911 Rulemaking authority for voting sys-
tem audit procedures -Effective upon this act
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
becoming a law, the Department of State shall adopt
rules to implement the provisions of s 101.591, as
amended by s. 8, chapter 2007-30, Laws of Florida,
which prescribe detailed audit procedures for each
voting system, which shall be uniform to the extent
practicable, along with the standard form for audit
reports.
History.—s. 9, ch. 2007-30.
101.595 Analysis and reports of voting pro-
blems.—
(1) No later than December 15 of each general
election year the supervisor of elections in each county
shall report to the Department of State the total number
of overvotes and undervotes in the "President and Vice
President' or "Governor and Lieutenant Governor" race
that appears first on the ballot or, if neither appears, the
first race appearing on the ballot pursuant to s.
101.151(2), along with the likely reasons for such
overvotes and undervotes and other information as
may be useful in evaluating the performance of the
voting system and identifying problems with ballot
design and instructions which may have contributed
to voter confusion.
(2) The Department of State, upon receipt of such
information, shall prepare a public report on the
performance of each type of voting system. The report
must contain, but is not limited to, the following
information:
(a) An identification of problems with the ballot
design or instructions which may have contributed to
voter confusion;
(b) An identification of voting system design pro-
blems, and
(c) Recommendations for correcting any problems
identified.
(3) The Department of State shall submit the report
to the Governor, the President of the Senate and the
Speaker of the House of Representatives by January 31
of each year following a general election
History.—s. 24, ch 2001-40 s. 16, ch. 2002-17; s. 41, ch. 2005-277.
101.6101 Short title.—Sections 101.6101-
101 6107 may be cited as the "Mail Ballot Election Act."
History.—s. 1, ch. 87-364.
101.6102 Mail ballot elections, limitations.
(1)(a) An election may be conducted by mail ballot if:
1. The election is a referendum election at which all
or a portion of the qualified electors of one of the
following subdivisions of government are the only
electors eligible to vote:
a. Counties;
b. Cities;
c. School districts covering no more than one
county; or
d. Special districts;
2. The governing body responsible for calling the
election and the supervisor of elections responsible for
the conduct of the election authorize the use of mail
ballots for the election; and
3. The Secretary of State approves a written plan
for the conduct of the election, which shall include a
written timetable for the conduct of the election, sub-
mitted by the supervisor of elections.
(b) In addition, an annexation referendum which
includes only qualified electors of one county may
also be voted on by mail ballot election.
(2) The following elections may not be conducted by
mail ballot:
(a) An election at which any candidate is nominated,
elected, retained, or recalled; or
(b) An election held on the same date as another
election, other than a mail ballot election in which the
qualified electors of that political subdivision are eligible
to cast ballots.
(3) The supervisor of elections shall be responsible
for the conduct of any election held under ss. 101.6101-
101 6107.
(4) The costs of a mail ballot election shall be borne
by the jurisdiction initiating the calling of the election,
unless otherwise provided by law.
(5) Nothing in this section shall be construed to
prohibit the use of a mail ballot election in a municipal
annexation referendum requiring separate vote of the
registered electors of the annexing municipality and of
the area proposed to be annexed. If a mail ballot
election is authorized for a municipal annexation
referendum, the provisions of ss. 101.6101-101.6107
shall control over any conflicting provisions of s.
171 0413.
History—s. 1, ch. 87-364; s. 1, ch. 89-52; s. 27, ch. 89-338; s. 18, ch. 90-315.
61
101.6103 Mail ballot election procedure.
(1) Except as otherwise provided in subsection (7),
the supervisor of elections shall mail all official ballots
with a secrecy envelope, a return mailing envelope, and
instructions sufficient to describe the voting process to
each elector entitled to vote in the election not sooner
than the 20th day before the election and not later than
the 10th day before the date of the election All such
ballots shall be mailed by first-class mail. Ballots shall
be addressed to each elector at the address appearing
in the registration records and placed in an envelope
which is prominently marked 'Do Not Forward.'
(2) Upon receipt of the ballot the elector shall mark
the ballot, place it in the secrecy envelope, sign the
return mailing envelope supplied with the ballot, and
comply with the instructions provided with the ballot
The elector shall mail, deliver, or have delivered the
marked ballot so that it reaches the supervisor of
elections no later than 7 p.m. on the day of the election
The ballot must be returned in the return mailing
envelope.
(3) The return mailing envelope shall contain a
statement in substantially the following form:
VOTER'S CERTIFICATE
I, (Print Name) , do solemnly swear (or affirm) that I am
a qualified voter in this election and that I have not and
will not vote more than one ballot in this election.
I understand that failure to sign this certificate and
give my residence address will invalidate my ballot.
(Signature)
(Residence Address)
Ch. 101 VOTING METHODS AND PROCEDURE
(4) If the ballot is destroyed, spoiled, lost, or not
received by the elector, the elector may obtain a
replacement ballot from the supervisor of elections as
provided in this subsection. An elector seeking a
replacement ballot shall sign a sworn statement that
the ballot was destroyed, spoiled, lost, or not received
and present such statement to the supervisor of
elections prior to 7 p.m. on the day of the election
The supervisor of elections shall keep a record of each
replacement ballot provided under this subsection.
(5) A ballot shall be counted only if:
(a) It is returned in the return mailing envelope;
(b) The elector's signature has been verified as
provided in this subsection; and
(c) It is received by the supervisor of elections not
later than 7 p.m. on the day of the election
The supervisor of elections shall verify the signature of
each elector on the return mailing envelope with the
signature on the elector's registration records. Such
verification may commence at any time prior to the
canvass of votes. The supervisor of elections shall
safely keep the ballot unopened in his or her office until
the county canvassing board canvasses the vote. If the
supervisor of elections determines that an elector to
whom a replacement ballot has been issued under
subsection (4) has voted more than once, the canvas-
sing board shall determine which ballot, if any, is to be
counted.
(6) The canvassing board may begin the canvassing
of mail ballots at 7 a m. on the sixth day before the
election, including processing the ballots through the
tabulating equipment. However, results may not be
released until after 7 p.m. on election day. Any
canvassing board member or election employee who
releases any result before 7 p.m. on election day
commits a felony of the third degree, punishable as
provided in s. 775.082 s. 775 083, or s. 775.084
(7) With respect to absent electors overseas entitled
to vote in the election, the supervisor of elections shall
mail an official ballot with a secrecy envelope, a return
mailing envelope, and instructions sufficient to describe
the voting process to each such elector on a date
sufficient to allow such elector time to vote in the
election and to have his or her marked ballot reach the
supervisor by 7 p.m. on the day of the election.
(8) A ballot that otherwise satisfies the requirements
of subsection (5) shall be counted even if the elector
dies after mailing the ballot but before election day, as
long as, prior to the death of the voter the ballot was:
(a) Postmarked by the United States Postal Service;
(b) Date-stamped with a verifiable tracking number
by common carrier or
(c) Already in the possession of the supervisor of
elections.
History.—s. 1, ch. 87-364; s. 585, ch. 95-147; s. 42, ch. 2005-277; s. 29, ch
2007-30.
101.6104 Challenge of votes. —If any elector pre-
sent for the canvass of votes believes that any ballot is
illegal due to any defect apparent on the voter's
certificate, the elector may, at any time before the ballot
is removed from the envelope, file with the canvassing
board a protest against the canvass of such ballot
62
F.S. 2010
specifying the reason he or she believes the ballot to be
illegal. No challenge based upon any defect on the
voter s certificate shall be accepted after the ballot has
been removed from the return mailing envelope
History.—s. 1, ch. 87-364; s. 586, ch. 95-147.
101.6105 Absentee voting. The provisions of the
election code relating to absentee voting and absentee
ballots shall apply to elections under ss. 101.6101-
101.6107 only insofar as they do not conflict with the
provisions of ss. 101.6101-101.6107.
History.—s. 1, ch. 87-364
101.6106 Application of other election laws. All
laws that are applicable to general elections are
applicable to mail ballot elections to the extent applic-
able.
History.—s. 1. ch. 87-364.
101.6107 Department of State to adopt rules.—
The Department of State shall adopt rules governing the
procedures and forms necessary to implement ss.
101.6101-101.6107.
History.—s. 1, ch. 87-364.
101.62 Request for absentee ballots.—
(1)(a) The supervisor shall accept a request for an
absentee ballot from an elector in person or in writing.
One request shall be deemed sufficient to receive an
absentee ballot for all elections through the next
regularly scheduled general election, unless the elector
or the elector s designee indicates at the time the
request is made the elections for which the elector
desires to receive an absentee ballot. Such request may
be considered canceled when any first-class mail sent
by the supervisor to the elector is returned as undeliver-
able.
(b) The supervisor may accept a written or tele-
phonic request for an absentee ballot from the elector,
or, if directly instructed by the elector a member of the
elector's immediate family or the elector's legal guar-
dian For purposes of this section, the term immediate
family" has the same meaning as specified in paragraph
(4)(b). The person making the request must disclose:
1 The name of the elector for whom the ballot is
requested.
2. The elector's address.
3. The elector's date of birth.
4. The requester's name.
5. The requester's address.
6. The requester's driver's license number, if avail-
able.
7. The requester's relationship to the elector.
8. The requester's signature (written requests
only).
(c) Upon receiving a request for an absentee ballot
from an absent voter the supervisor of elections shall
notify the voter of the free access system that has been
designated by the department for determining the status
of his or her absentee ballot.
(2) A request for an absentee ballot to be mailed to a
voter must be received no later than 5 p.m. on the sixth
day before the election by the supervisor of elections.
The supervisor of elections shall mail absentee ballots
F.S. 2010 VOTING METHODS AND PROCEDURE
to voters requesting ballots by such deadline no later
than 4 days before the election.
(3) For each request for an absentee ballot received,
the supervisor shall record the date the request was
made, the date the absentee ballot was delivered to the
voter or the voter's designee or the date the absentee
ballot was delivered to the post office or other carrier,
the date the ballot was received by the supervisor, and
such other information he or she may deem necessary
This information shall be provided in electronic format
as provided by rule adopted by the division. The
information shall be updated and made available no
later than noon of each day beginning 60 days before
the primary until 15 days after the general election and
shall be contemporaneously provided to the division
This information shall be confidential and exempt from
the provisions of s. 119.07(1) and shall be made
available to or reproduced only for the voter requesting
the ballot a canvassing board an election official a
political party or official thereof a candidate who has
filed qualification papers and is opposed in an upcoming
election, and registered political committees or regis-
tered committees of continuous existence, for political
purposes only.
(4)(a) No later than 45 days before each election, the
supervisor of elections shall send an absentee ballot as
provided in subparagraph (b)2. to each absent uni-
formed services voter and to each overseas voter who
has requested an absentee ballot.
(b) The supervisor shall provide an absentee ballot
to each elector by whom a request for that ballot has
been made by one of the following means:
1. By nonforwardable return -if -undeliverable mail
to the elector's current mailing address on file with the
supervisor, unless the elector specifies in the request
that:
a. The elector is absent from the county and does
not plan to return before the day of the election;
b. The elector is temporarily unable to occupy the
residence because of hurricane, tornado, flood, fire, or
other emergency or natural disaster or
c. The elector is in a hospital, assisted living facility,
nursing home, short-term medical or rehabilitation
facility, or correctional facility,
in which case the supervisor shall mail the ballot by
nonforwardable return -if -undeliverable mail to any
other address the elector specifies in the request.
2. By forwardable mail, e-mail, or facsimile machine
transmission to absent uniformed services voters and
overseas voters. The absent uniformed services voter
or overseas voter may designate in the absentee ballot
request the preferred method of transmission. If the
voter does not designate the method of transmission,
the absentee ballot shall be mailed.
3. By personal delivery before 7 p.m. on election
day to the elector upon presentation of the identification
required in s. 101.043.
4. By delivery to a designee on election day or up to
5 days prior to the day of an election Any elector may
designate in writing a person to pick up the ballot for the
elector; however, the person designated may not pick
up more than two absentee ballots per election, other
63
Ch. 101
than the designee's own ballot, except that additional
ballots may be picked up for members of the designee's
immediate family. For purposes of this section, "im-
mediate family' means the designee's spouse or the
parent, child, grandparent, or sibling of the designee or
of the designee s spouse. The designee shall provide to
the supervisor the written authorization by the elector
and a picture identification of the designee and must
complete an affidavit. The designee shall state in the
affidavit that the designee is authorized by the elector to
pick up that ballot and shall indicate if the elector is a
member of the designees immediate family and, if so,
the relationship. The department shall prescribe the
form of the affidavit If the supervisor is satisfied that the
designee is authorized to pick up the ballot and that the
signature of the elector on the written authorization
matches the signature of the elector on file, the super-
visor shall give the ballot to that designee for delivery to
the elector.
(5) If the department is unable to certify candidates
for an election in time to comply with paragraph (4)(a),
the Department of State is authorized to prescribe rules
for a ballot to be sent to absent uniformed services
voters and overseas voters.
(6) Nothing other than the materials necessary to
vote absentee shall be mailed or delivered with any
absentee ballot
History. -s 2, ch. 7380, 1917; RGS 369; CGL 430; s. 1, ch. 25385, 1949; s. 5,
ch. 26870, 1951; s. 32, ch. 28156,1953; s. 21, ch. 29934, 1955; s. 2, ch. 59-213; s.
32, ch. 65-380; s. 1, ch. 67-33; s. 2, ch. 69-136; s. 4, ch. 69-280; s. 2, ch. 70-93; ss
1, 2, ch. 71-149; s. 5, ch. 73-157; s. 39, ch. 73-333; s. 2, ch. 75-174; s. 21, ch.
77-175; s. 40, ch. 79-400; s. 2, ch. 83-16; s. 6, ch. 83-251; s. 1, ch. 85-226; s. 4, ch.
86-199; s. 4, ch. 87-363; s. 2, ch. 87.538; s. 28, ch. 89-338; s. 20, ch. 90.360; s. 587,
ch. 95.147; s. 3, ch. 96.57; s. 25, ch. 96-406; s. 13, ch. 98-129• s 32, ch. 99-2; s. 6,
ch. 99-140; s. 52, ch. 2001-40; s. 5, ch. 2001-75; s. 18, ch. 2003-415; s. 6, ch.
2004-33; s. 43, ch. 2005-277; s. 37, ch. 2005-278; s. 16, ch. 2005-286; s. 30, ch.
2007-30; s. 7, ch. 2010-167.
Note. Formers. 101.02.
101.64 Delivery of absentee ballots; envelopes;
form
(1) The supervisor shall enclose with each absentee
ballot two envelopes: a secrecy envelope, into which the
absent elector shall enclose his or her marked ballot;
and a mailing envelope, into which the absent elector
shall then place the secrecy envelope, which shall be
addressed to the supervisor and also bear on the back
side a certificate in substantially the following form:
Note: Please Read Instructions Carefully Before
Marking Ballot and Completing Voter's Certificate.
VOTER'S CERTIFICATE
do solemnly swear or affirm that I am a
qualified and registered voter of _ County, Florida,
and that I have not and will not vote more than one ballot
in this election. I understand that if I commit or attempt to
commit any fraud in connection with voting vote a
fraudulent ballot or vote more than once in an election, I
can be convicted of a felony of the third degree and fined
up to $5,000 and/or imprisoned for up to 5 years. I also
understand that failure to sign this certificate will
invalidate my ballot.
(Date) (Voter's Sicnaturel
Ch. 101 VOTING METHODS AND PROCEDURE
(2) The certificate shall be arranged on the back of
the mailing envelope so that the line for the signature of
the absent elector is across the seal of the envelope,
however, no statement shall appear on the envelope
which indicates that a signature of the voter must cross
the seal of the envelope. The absent elector shall
execute the certificate on the envelope.
(3) In lieu of the voter's certificate provided in this
section, the supervisor of elections shall provide each
person voting absentee under the Uniformed and
Overseas Citizens Absentee Voting Act with the stan-
dard oath prescribed by the presidential designee.
(4) The supervisor shall mark, code, indicate on, or
otherwise track the precinct of the absent elector for
each absentee ballot.
History. -s. 4 ch. 7380, 1917; RGS 371; CGL 432; s. 1, ch. 25385, 1949; s. 5,
ch. 26870, 1951; s. 34, ch. 28156,1953; s. 22, ch. 29934, 1955; s. 1, ch. 61-369; s.
33, ch. 65-380; s. 3, ch. 69-136; s. 5, ch. 69-280; s. 21, ch. 71-355; s.1, ch. 73-105;
s. 6, ch. 73-157; s. 39, ch. 73-333; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 4, ch.
79-365; s. 1, ch. 81-106; s. 9, ch. 81-304; s. 10, ch. 82-143; s. 2, ch. 85-226; s. 1, ch.
86-33; s. 19, ch. 90-315; s. 588, ch. 95-147; s. 4, ch. 96-57; s. 14, ch. 98-129; s. 53,
ch. 2001-40; s. 19, ch. 2003-415; s. 1, ch. 2004-232; s. 44, ch. 2005-277; s. 38, ch.
2005-278.
Note. -Former s. 101.04.
101.65 Instructions to absent electors. The
supervisor shall enclose with each absentee ballot
separate printed instructions in substantially the follow-
ing form:
READ THESE INSTRUCTIONS CAREFULLY BE-
FORE MARKING BALLOT.
1. VERY IMPORTANT. In order to ensure that your
absentee ballot will be counted, it should be completed
and returned as soon as possible so that it can reach the
supervisor of elections of the county in which your
precinct is located no later than 7 p.m. on the day of the
election
2 Mark your ballot in secret as instructed on the
ballot. You must mark your own ballot unless you are
unable to do so because of blindness, disability, or
inability to read or write.
3. Mark only the number of candidates or issue
choices for a race as indicated on the ballot If you are
allowed to "Vote for One" candidate and you vote for
more than one candidate, your vote in that race will not
be counted.
4. Place your marked ballot in the enclosed secrecy
envelope.
5. Insert the secrecy envelope into the enclosed
mailing envelope which is addressed to the supervisor
6 Seal the mailing envelope and completely fill out
the Voter's Certificate on the back of the mailing
envelope.
7. VERY IMPORTANT. In order for your absentee
ballot to be counted you must sign your name on the
line above (Voters Signature).
8. VERY IMPORTANT. If you are an overseas
voter, you must include the date you signed the Voter's
Certificate on the line above (Date) or your ballot may
not be counted.
9. Mail, deliver, or have delivered the completed
mailing envelope. Be sure there is sufficient postage if
mailed
10. FELONY NOTICE It is a felony under Florida
law to accept any gift, payment, or gratuity in exchange
64
F.S. 2010
for your vote for a candidate. It is also a felony under
Florida law to vote in an election using a false identity or
false address, or under any other circumstances making
your ballot false or fraudulent.
History. -s 5, ch. 7380,1917; RGS 372; CGL 433; s. 1, ch. 25385, 1949; s. 5,
ch. 26870,1951; s. 35, ch. 28156,1953 s. 23, ch. 29934,1955; s. 34, ch. 65-380; s.
4, ch. 71-149; s. 9, ch. 72-63; s. 2, ch. 73-105; s. 7, ch. 73-157; ss. 3, 4, ch. 75-174;
s. 23, ch. 77-175; s. 2, ch. 81-106; s. 10, ch. 81-304; s. 11, ch. 82-143; s. 7, ch.
83-251; s. 3, ch. 85-226; s. 2, ch. 86-33; s. 589, ch. 95-147; s. 5, ch. 96-57; s. 16, ch.
98-129; s. 33, ch. 99-2; s. 54, ch. 2001-40; s. 20, ch. 2003-415; s. 2, ch. 2004-232.
Note. -Former s. 101.05.
101.655 Supervised voting by absent electors in
certain facilities. -
(1) The supervisor of elections of a county shall
provide supervised voting for absent electors residing in
any assisted living facility, as defined in s. 429 02 or
nursing home facility, as defined in s. 400.021, within
that county at the request of any administrator of such a
facility. Such request for supervised voting in the facility
shall be made by submitting a written request to the
supervisor of elections no later than 21 days prior to the
election for which that request is submitted. The request
shall specify the name and address of the facility and
the name of the electors who wish to vote absentee in
that election. If the request contains the names of fewer
than five voters, the supervisor of elections is not
required to provide supervised voting.
(2) The supervisor of elections may, in the absence
of a request from the administrator of a facility, provide
for supervised voting in the facility for those persons
who have requested absentee ballots The supervisor of
elections shall notify the administrator of the facility that
supervised voting will occur.
(3) The supervisor of elections shall, in cooperation
with the administrator of the facility, select a date and
time when the supervised voting will occur.
(4) The supervisor of elections shall designate
supervised voting teams to provide the services pre-
scribed by this section. Each supervised voting team
shall include at least two persons. Each supervised
voting team must include representatives of more than
one political party; however in any primary election to
nominate party nom'nees in which only one party has
candidates appearing on the ballot all supervised voting
team members may be of that party. No candidate may
provide supervised voting services.
(5) The supervised voting team shall deliver the
ballots to the respective absent electors and each
member of the team shall jointly supervise the voting of
the ballots If any elector requests assistance in voting,
the oath prescribed in s. 101.051 shall be completed
and the elector may receive the assistance of two
members of the supervised voting team or some other
person of the elector's choice to assist the elector in
casting the elector's ballot
(6) Before providing assistance the supervised
voting team shall disclose to the elector that the ballot
may be retained to vote at a later time and that the
elector has the right to seek assistance in voting from
some other person of the elector s choice without the
presence of the supervised voting team
(7) If any elector declines to vote a ballot or is unable
to vote a ballot, the supervised voting team shall mark
the ballot "refused to vote" or ' unable to vote."
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
(8) After the ballots have been voted or marked in
accordance with the provisions of this section, the
supervised voting team shall deliver the ballots to the
supervisor of elections, who shall retain them pursuant
to s. 101.67
History.—s. 6, ch. 96-57; s. 5, ch. 2006-197.
101.657 Early voting.—
(1)(a) As a convenience to the voter, the supervisor
of elections shall allow an elector to vote early in the
main or branch office of the supervisor. The supervisor
shall mark, code, indicate on or otherwise track the
voter's precinct for each early voted ballot. In order for a
branch office to be used for early voting, it shall be a
permanent facility of the supervisor and shall have been
designated and used as such for at least 1 year prior to
the election. The supervisor may also designate any city
hall or permanent public library facility as early voting
sites; however, if so designated, the sites must be
geographically located so as to provide all voters in the
county an equal opportunity to cast a ballot insofar as is
practicable. The results or tabulation of votes cast
during early voting may not be made before the close
of the polls on election day. Results shall be reported by
precinct.
(b) The supervisor shall designate each early voting
site by no later than the 30th day prior to an election and
shall designate an early voting area, as defined in s
97.021, at each early voting site.
(c) All early voting sites in a county shall be open on
the same days for the same amount of time and shall
allow any person in line at the closing of an early voting
site to vote.
(d) Early voting shall begin on the 15th day before an
election and end on the 2nd day before an election. For
purposes of a special election held pursuant to s.
100.101, early voting shall begin on the 8th day before
an election and end on the 2nd day before an election.
Early voting shall be provided for 8 hours per weekday
and 8 hours in the aggregate each weekend at each site
during the applicable periods. Early voting sites shall
open no sooner than 7 a.m. and close no later than 7
p.m. on each applicable day.
(e) Notwithstanding the requirements of s.
100.3605, municipalities may provide early voting in
municipal elections that are not held in conjunction with
county or state elections. If a municipality provides early
voting, it may designate as many sites as necessary and
shall conduct its activities in accordance with the
provisions of paragraphs (a) -(c). The supervisor is not
required to conduct early voting if it is provided pursuant
to this subsection.
(f) Notwithstanding the requirements of s. 189.405
special districts may provide early voting in any district
election not held in conjunction with county or state
elections. If a special district provides early voting, it
may designate as many sites as necessary and shall
conduct its activities in accordance with the provisions
of paragraphs (a) -(c). The supervisor is not required to
conduct early voting if it is provided pursuant to this
subsection.
(2) During any early voting period, each supervisor
of elections shall make available the total number of
65
voters casting a ballot at each early voting location
during the previous day. Each supervisor shall prepare
an electronic data file listing the individual voters who
cast a ballot during the early voting period. This
information shall be provided in electronic format as
provided by rule adopted by the division. The informa-
tion shall be updated and made available no later than
noon of each day and shall be contemporaneously
provided to the division.
(3) The ballot of each elector voting early shall be
counted even if the elector dies on or before election
day
(4)(a) The elector must provide identification and
must complete an Early Voting Voter Certificate in
substantially the following form:
EARLY VOTING VOTER CERTIFICATE
I, , am a qualified elector in this election and
registered voter of County, Florida. I do solemnly
swear or affirm that I am the person so listed on the
voter registration rolls of County and that I reside at
the listed address 1 understand that if I commit or
attempt to commit fraud in connection with voting, vote a
fraudulent ballot, or vote more than once in an election I
could be convicted of a felony of the third degree and
both fined up to $5,000 and imprisoned for up to 5 years
I understand that my failure to sign this certificate
invalidates my ballot.
(Voter's Slanaturel
(Address)
(city/State)
(b) Any elector may challenge an elector seeking to
vote early under the provisions of s. 101.111. Any
challenged voter must vote a provisional ballot. The
canvassing board shall review the ballot and decide the
validity of the ballot by majority vote
(c) The canvass of returns for ballots cast under this
subsection shall be substantially the same as votes cast
by electors in precincts, as provided in s. 101.5614.
History—s. 17, ch. 98-129; s. 2, ch. 2000-249; s. 55, ch. 2001-40; s. 21, ch.
2003-415; s. 7, ch. 2004-232; 5. 13, ch. 2004-252 s. 45, ch. 2005-277; s. 39, ch.
2005-278.
101 661 Voting absentee ballots.—All electors
must personally mark or designate their choices on
the absentee ballot except:
(1) Electors who require assistance to vote because
of blindness, disability, or inability to read or write who
may have some person of the elector's choice, other
than the elector's employer, an agent of the employer,
or an officer or agent of the elector's union mark the
elector's choices or assist the elector in marking his or
her choices on the ballot.
(2) As otherwise provided in s. 101.051 or s.
101.655.
History.—s. 18, ch. 98-129.
101 662 Accessibility of absentee ballots. It is
the intent of the Legislature that voting by absentee
ballot be by methods that are fully accessible to all
Ch. 101 VOTING METHODS AND PROCEDURE
voters, including voters having a disability. The Depart-
ment of State shall work with the supervisors of
elections and the disability community to develop and
implement procedures and technologies, as possible
which will include procedures for providing absentee
ballots, upon request, in alternative formats that will
allow all voters to cast a secret, independent, and
verifiable absentee ballot without the assistance of
another person.
History. -s. 14, ch. 2002-281.
101.663 Electors; change of residence to an-
other state. -An elector registered in this state who
moves his or her permanent residence to another state
after the registration books in that state have closed
shall be permitted to vote absentee in the county of his
or her former residence for the offices of President and
Vice President of the United States.
History. -s. 1, ch 69 136; s.11, ch. 69-280; s. 4, ch. 73-157; s. 31, ch. 73-333;
s. 3, ch. 77-175; s. 1, ch. 79 365; s. 22, ch. 94 224; s. 1392, ch. 95-147; s. 46, ch.
2005-277; s. 40, ch. 2005-278.
Note. Former s. 97.102.
101.665 Administration of oaths• military per-
sonnel, federal employees, and other absentee
registrants. -For the purposes of this code, oaths
may be administered and attested by any commis-
sioned officer in the active service of the Armed Forces,
any member of the Merchant Marine of the United
States designated for this purpose by the Secretary of
Commerce, any civilian official empowered by state or
federal law to administer oaths, any supervisor of
elections, deputy supervisor of elections, or employee
of the supervisor of elections when designated by the
supervisor of elections, or any civilian employee desig-
nated by the head of any department or agency of the
United States, except when this code requires an oath
to be administered and d attested by another official
specifically named.
History. -s. 6, ch. 29904, 1955; s. 42, ch. 65-380; s. 4, ch. 72-63; s. 3, ch.
77-175; s. 17, ch. 94-224; s. 19, ch. 98-129.
Note. -Former s. 101.695; s. 97.065.
101.67 Safekeeping of mailed ballots; deadline
for receiving absentee ballots. -
(1) The supervisor of elections shall safely keep in
his or her office any envelopes received containing
marked ballots of absent electors, and he or she shall
before the canvassing of the election returns deliver the
envelopes to the county canvassing board along with
his or her file or list kept regarding said ballots.
(2) All marked absent electors' ballots to be counted
must be received by the supervisor by 7 p.m the day of
the election. All ballots received thereafter shall be
marked with the time and date of receipt and filed in the
supervisor s office.
History. -s. 2, ch 11824, 1927; CGL 436; s. 1, ch. 25385, 1949; s. 5, ch. 26870,
1951; s. 24, ch. 29934,1955; s. 24, ch. 57-1; s. 35, ch. 65-380; s. 5, ch. 71-149; s.
23, ch. 77-175; s. 590, ch. 95-147.
Note. -Former s. 101.07.
101.68 Canvassing of absentee ballot.
(1) The supervisor of the county where the absent
elector resides shall receive the voted ballot at which
time the supervisor shall compare the signature of the
elector on the voter s certificate with the signature of the
elector in the registration books to determine whether
66
F.S. 2010
the elector is duly registered in the county and may
record on the elector's registration certificate that the
elector has voted. However, effective July 1, 2005, an
elector who dies after casting an absentee ballot but on
or before election day shall remain listed in the
registration books until the results have been certified
for the election in which the ballot was cast. The
supervisor shall safely keep the ballot unopened in
his or her office until the county canvassing board
canvasses the vote. After an absentee ballot is received
by the supervisor, the ballot is deemed to have been
cast and changes or additions may not be made to the
voter's certificate.
(2)(a) The county canvassing board may begin the
canvassing of absentee ballots at 7 a m on the sixth
day before the election, but not later than noon on the
day following the election. In addition, for any county
using electronic tabulating equipment, the processing of
absentee ballots through such tabulating equipment
may begin at 7 a.m on the sixth day before the election
However, notwithstanding any such authorization to
begin canvassing or otherwise processing absentee
ballots early, no result shall be released until after the
closing of the polls in that county on election day. Any
supervisor of elections deputy supervisor of elections,
canvassing board member, election board member or
election employee who releases the results of a
canvassing or processing of absentee ballots prior to
the closing of the polls in that county on election day
commits a felony of the third degree, punishable as
provided in s. 775 082 s. 775.083, or s. 775.084
(b) To ensure that all absentee ballots to be counted
by the canvassing board are accounted for, the
canvassing board shall compare the number of ballots
in its possession with the number of requests for ballots
received to be counted according to the supervisor's file
or list.
(c)1. The canvassing board shall, if the supervisor
has not already done so compare the signature of the
elector on the voter's certificate with the signature of the
elector in the registration books to see that the elector is
duly registered in the county and to determine the
legality of that absentee ballot The ballot of an elector
who casts an absentee ballot shall be counted even if
the elector dies on or before election day, as long as,
prior to the death of the voter, the ballot was postmarked
by the United States Postal Service date-stamped with
a verifiable tracking number by common carrier, or
already in the possession of the supervisor of elections.
An absentee ballot shall be considered illegal if it does
not include the signature of the elector, as shown by the
registration records However, an absentee ballot shall
not be considered illegal if the signature of the elector
does not cross the seal of the mailing envelope. If the
canvassing board determines that any ballot is illegal a
member of the board shall without opening the
envelope mark across the face of the envelope:
"rejected as illegal " The envelope and the ballot
contained therein shall be preserved in the mariner
that official ballots voted are preserved.
2. If any elector or candidate present believes that
an absentee ballot is illegal due to a defect apparent on
the voter's certificate, he or she may, at any time before
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
the ballot is removed from the envelope, file with the
canvassing board a protest against the canvass of that
ballot, specifying the precinct, the ballot, and the reason
he or she believes the ballot to be illegal. A challenge
based upon a defect in the voter's certificate may not be
accepted after the ballot has been removed from the
mailing envelope.
(d) The canvassing board shall record the ballot
upon the proper record unless the ballot has been
previously recorded by the supervisor. The mailing
envelopes shall be opened and the secrecy envelopes
shall be mixed so as to make it impossible to determine
which secrecy envelope came out of which signed
mailing envelope; however, in any county in which an
electronic or electromechanical voting system is used,
the ballots may be sorted by ballot styles and the mailing
envelopes may be opened and the secrecy envelopes
mixed separately for each ballot style. The votes on
absentee ballots shall be included in the total vote of the
county.
(3) The supervisor or the chair of the county
canvassing board shall, after the board convenes,
have custody of the absentee ballots until a final
proclamation is made as to the total vote received by
each candidate.
(4) The supervisor of elections shall, on behalf of the
county canvassing board, notify each elector whose
ballot was rejected as illegal because of a difference
between the elector's signature on the ballot and that on
the elector's voter registration record. The supervisor
shall mail a voter registration application to the elector to
be completed indicating the elector's current signature.
This section does not prohibit the supervisor from
providing additional methods for updating an elector's
signature.
History. -s. 5, ch. 26870, 1951; s. 37, ch. 28156,1953; s. 36, ch. 65-380; s. 6,
ch. 69-280; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 41, ch. 79-400; s. 3, ch. 86-33; s.
591, ch. 95-147; s. 7, ch. 96-57; s. 20, ch. 98-129; s. 56, ch. 2001-40; s. 17, ch.
2002-17; s. 3, ch. 2004-232; s. 47, ch. 2005-277; s. 31, ch. 2007-30.
101.69 Voting in person; return of absentee
ballot. -The provisions of this code shall not be
construed to prohibit any elector from voting in person
at the elector's precinct on the day of an election or at an
early voting site, notwithstanding that the elector has
requested an absentee ballot for that election. An
elector who has returned a voted absentee ballot to
the supervisor, however is deemed to have cast his or
her ballot and is not entitled to vote another ballot or to
have a provisional ballot counted by the county canvas-
sing board An elector who has received an absentee
ballot and has not returned the voted ballot to the
supervisor, but desires to vote in person, shall return the
ballot, whether voted or not, to the election board in the
elector's precinct or to an early voting site. The returned
ballot shall be marked "canceled' by the board and
placed with other canceled ballots. However, if the
e lector does not return the ballot and the election
official:
(1) Confirms that the supervisor has received the
e lectors absentee ballot, the elector shall not be
allowed to vote in person. If the elector maintains that
he or she has not returned the absentee ballot or
67
remains eligible to vote, the elector shall be provided a
provisional ballot as provided in s. 101.048.
(2) Confirms that the supervisor has not received the
elector's absentee ballot, the elector shall be allowed to
vote in person as provided in this code. The elector's
absentee ballot, if subsequently received, shall not be
counted and shall remain in the mailing envelope, and
the envelope shall be marked "Rejected as Illegal."
(3) Cannot determine whether the supervisor has
received the elector's absentee ballot, the elector may
vote a provisional ballot as provided in s. 101.048.
History. -s. 1, ch. 22014,1943 s. 1, ch. 25385,1949; s. 5, ch. 26870, 1951; s.
37, ch. 65 380; s. 23, ch 77-175; s. 592, ch. 95 147; s. 8, ch. 96 57; s. 38, ch.
2001-40; s. 18, ch. 2002-17; s. 48, ch. 2005-277.
Note. Former s. 101.11.
101.6921 Delivery of special absentee ballot to
certain first-time voters. -
(1) The provisions of this section apply to voters who
are subject to the provisions of s. 97.0535 and who have
not provided the identification or certification required by
s. 97.0535 by the time the absentee ballot is mailed.
(2) The supervisor shall enclose with each absentee
ballot three envelopes: a secrecy envelope, into which
the absent elector will enclose his or her marked ballot;
an envelope containing the Voter's Certificate, into
which the absent elector shall place the secrecy
envelope; and a mailing envelope, which shall be
addressed to the supervisor and into which the absent
elector will place the envelope containing the Voter's
Certificate and a copy of the required identification.
(3) The Voter's Certificate shall be in substantially
the following form:
Note: Please Read Instructions Carefully Before Mark-
ing Ballot and Completing Voter's Certificate.
VOTER S CERTIFICATE
I, , do solemnly swear or affirm that I am a
qualified and registered voter of County, Florida,
and that I have not and will not vote more than one ballot
in this election. I understand that if I commit or attempt to
commit any fraud in connection with voting vote a
fraudulent ballot or vote more than once in an election, I
can be convicted of a felony of the third degree and fined
up to $5,000 and/or imprisoned for up to 5 years. I also
understand that failure to sign this certificate will
invalidate my ballot. I understand that unless I meet
one of the exemptions below, I must provide a copy of a
current and valid identification as provided in the
instruction sheet to the supervisor of elections in
order for my ballot to count.
I further certify that I am exempt from the require-
ments to furnish a copy of a current and valid
identification with my ballot because of one or more of
the following (check all that apply):
❑ I am 65 years of age or older.
❑ I have a permanent or temporary physical disability.
❑ I am a member of a uniformed service on active
duty who, by reason of such active duty, will be absent
from the county on election day.
❑ I am a member of the Merchant Marine who, by
reason of service in the Merchant Marine will be absent
from the county on election day.
Ch. 101 VOTING METHODS AND PROCEDURE
I am the spouse or dependent of a member of the
uniformed service or Merchant Marine who, by reason
of the active duty or service of the member, will be
absent from the county on election day.
I am currently residing outside the United States.
■
(Date) Voter's Signature
(4) The certificate shall be arranged on the back of
the envelope so that the line for the signature of the
absent elector is across the seal of the envelope.
History.—s. 22, ch. 2003-415; s. 4, ch. 2004-232; s. 41, ch. 2005 278.
101.6923 Special absentee ballot instructions
for certain first-time voters.—
(1) The provisions of this section apply to voters who
are subject to the provisions of s. 97.0535 and who have
not provided the identification or information required by
s. 97.0535 by the time the absentee ballot is mailed
(2) A voter covered by this section shall be provided
with printed instructions with his or her absentee ballot
in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BE-
FORE MARKING YOUR BALLOT. FAILURE TO
FOLLOW THESE INSTRUCTIONS MAY CAUSE
YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your absentee ballot will be
counted, it should be completed and returned as soon
as possible so that it can reach the supervisor of
elections of the county in which your precinct is located
no later than 7 p.m. on the date of the election.
2 Mark your ballot in secret as instructed on the
ballot. You must mark your own ballot unless you are
unable to do so because of blindness, disability, or
inability to read or write.
3. Mark only the number of candidates or issue
choices for a race as indicated on the ballot If you are
allowed to "Vote for One" candidate and you vote for
more than one, your vote in that race will not be counted.
4. Place your marked ballot in the enclosed secrecy
envelope and seal the envelope.
5. Insert the secrecy envelope into the enclosed
envelope bearing the Voter's Certificate. Seal the
envelope and completely fill out the Voter's Certificate
on the back of the envelope.
a You must sign your name on the line above
(Voter's Signature).
b If you are an overseas voter, you must include the
date you signed the Voter's Certificate on the line above
(Date) or your ballot may not be counted.
6 Unless you meet one of the exemptions in Item
7 , you must make a copy of one of the following forms
of identification:
a Identification which must include your name and
photograph United States passports debit or credit card
military identification; student identifications retirement
center identification; neighborhood association identifi-
cation; or public assistance identification; or
b. Identification which shows your name and current
residence address: current utility bill, bank statement
68
F.S. 2010
government check, paycheck, or government document
(excluding voter identification card).
7. The identification requirements of Item 6. do not
apply if you meet one of the following requirements:
a You are 65 years of age or older.
b You have a temporary or permanent physical
disability.
c. You are a member of a uniformed service on
active duty who, by reason of such active duty, will be
absent from the county on election day.
d. You are a member of the Merchant Marine who,
by reason of service in the Merchant Marine, will be
absent from the county on election day
e. You are the spouse or dependent of a member
referred to in paragraph c. or paragraph d. who, by
reason of the active duty or service of the member, will
be absent from the county on election day.
f. You are currently residing outside the United
States.
8. Place the envelope bearing the Voter's Certificate
into the mailing envelope addressed to the supervisor.
Insert a copy of your identification in the mailing
envelope. DO NOT PUT YOUR IDENTIFICATION
INSIDE THE SECRECY ENVELOPE WITH THE BAL-
LOT OR INSIDE THE ENVELOPE WHICH BEARS
THE VOTER'S CERTIFICATE OR YOUR BALLOT
WILL NOT COUNT.
9. Mail, deliver, or have delivered the completed
mailing envelope. Be sure there is sufficient postage if
mailed
10. FELONY NOTICE. It is a felony under Florida
law to accept any gift, payment, or gratuity in exchange
for your vote for a candidate. It is also a felony under
Florida law to vote in an election using a false identity or
false address, or under any other circumstances making
your ballot false or fraudulent.
History.—s 23, ch. 2003-415; s. 5, ch. 2004-232; s. 49, ch. 2005-277; s. 42, ch.
2005-278; s. 22, ch. 2008-95.
101.6925 Canvassing special absentee ballots.
(1) The supervisor of the county where the absent
elector resides shall receive the voted special absentee
ballot, at which time the mailing envelope shall be
opened to determine if the voter has enclosed the
identification required or has indicated on the Voter's
Certificate that he or she is exempt from the identifica
tion requirements.
(2) If the identification is enclosed or the voter has
indicated that he or she is exempt from the identification
requirements, the supervisor shall make the note on the
registration records of the voter and proceed to canvass
the absentee ballot as provided in s. 101.68.
(3) If the identification is not enclosed in the mailing
envelope and the voter has not indicated that he or she
is exempt from the identification requirements, the
supervisor shall check the voter registration records to
determine if the voter's identification was previously
received or the voter had previously notified the super-
visor that he or she was exempt. The envelope with the
Voters Certificate shall not be opened unless the
identification has been received or the voter has
indicated that he or she is exempt The ballot shall be
treated as a provisional ballot until 7 p.m. on election
day and shall not be canvassed unless the supervisor
F.S. 2010
VOTING METHODS AND PROCEDURE Ch. 101
has received the required identification or written
indication of exemption by 7 p.m. on election day.
History.—s. 24, ch. 2003 415.
101.694 Mailing of ballots upon receipt of fed-
eral postcard application
(1) Upon receipt of a federal postcard application for
an absentee ballot executed by a person whose
registration is in order or whose application is sufficient
to register or update the registration of that person, the
supervisor shall send the ballot in accordance with s.
101.62(4).
(2) Upon receipt of a federal'postcard application for
an absentee ballot executed by a person whose
registration is not in order and whose application is
insufficient to register or update the registration of that
person, the supervisor shall follow the procedure set
forth in s. 97.073.
(3) Absentee envelopes printed for voters entitled to
vote absentee under the Uniformed and Overseas
Citizens Absentee Voting Act shall meet the specifica-
tions as determined by the Federal Voting Assistance
Program of the United States Department of Defense
and the United States Postal Service
(4) Cognizance shall be taken of the fact that
absentee ballots and other materials such as instruc-
tions and envelopes are to be carried via air mail, and, to
the maximum extent possible, such ballots and materi-
als shall be reduced in size and weight of paper. The
same ballot shall be used, however, as is used by other
absentee voters.
History.—s. 5, ch. 29904, 1955; ss 4, 5, ch. 59-217; s, 41, ch. 65-380; s. 12, ch.
69-280; s, 23, ch. 77-175; s. 20, ch. 81-304; s. 37, ch. 94-224; s. 9, ch. 96-57; s. 25,
ch. 2003-415; s. 50, ch. 2005-277; s. 8, ch. 2010-167.
101.6951 State write-in ballot.—
(1) An overseas voter may request, not earlier than
180 days before a general election, a state write-in
absentee ballot from the supervisor of elections in the
county of registration. In order to receive a state write-in
ballot, the voter shall state that due to military or other
contingencies that preclude normal mail delivery, the
voter cannot vote an absentee ballot during the normal
absentee voting period. State write-in absentee ballots
shall be made available to voters 90 to 180 days prior to
a general election. The Department of State shall
prescribe by rule the form of the state write-in ballot
(2) In completing the ballot the overseas voter may
designate his or her choice by writing in the name of the
candidate or by writing in the name of a political party, in
which case the ballot must be counted for the candidate
of that political party, if there is such a party candidate
on the ballot.
(3) Any abbreviation misspelling, or other minor
variation in the form of the name of a candidate or a
political party must be disregarded in determining the
validity of the ballot if there is a clear indication on the
ballot that the voter has made a definite choice.
(4) The state write-in ballot shall contain all offices
federal, state, and local, for which the voter would
otherwise be entitled to vote.
History.—s. 48, ch. 2001-40
69
101.6952 Absentee ballots for absent uniformed
services and overseas voters.—
(1) If an absent uniformed services voter's or an
overseas voter's request for an absentee ballot includes
an e-mail address, the supervisor of elections shall:
(a) Record the voter's e-mail address in the absen-
tee ballot record;
(b) Confirm by e-mail that the absentee ballot
request was received and include in that e-mail the
estimated date the absentee ballot will be sent to the
voter; and
(c) Notify the voter by e-mail when the voted
absentee ballot is received by the supervisor of elec-
tions.
(2) For absentee ballots received from absent uni-
formed services voters or overseas voters, there is a
presumption that the envelope was mailed on the date
stated on the outside of the return envelope, regardless
of the absence of a postmark on the mailed envelope or
the existence of a postmark date that is later than the
date of the election.
History.—s. 49, ch. 2001-40; s. 6, ch. 2004-232; s. 9, ch. 2010-167.
101.697 Electronic transmission of election ma-
terials.—The Department of State shall determine
whether secure electronic means can be established
for receiving ballots from overseas voters. If such
security can be established, the department shall
adopt rules to authorize a supervisor of elections to
accept from an overseas voter a request for an
absentee ballot or a voted absentee ballot by secure
facsimile machine transmission or other secure electro-
nic means. The rules must provide that in order to
accept a voted ballot, the verification of the voter must
be established the security of the transmission must be
established, and each ballot received must be recorded.
History—s. 50, ch. 2001-40; B. 51, ch. 2005-277.
101.698 Absentee voting in emergency situa-
tions.—If a national or local emergency or other
situation arises which makes substantial compliance
with the provisions of state or federal law relating to the
methods of voting for overseas voters impossible or
unreasonable, such as an armed conflict involving
United States Armed Forces or mobilization of those
forces, including state National Guard and reserve
components, the Elections Canvassing Commission
may adopt by emergency rules such special procedures
or requirements necessary to facilitate absentee voting
by those persons directly affected who are otherwise
eligible to vote in the election.
History.—s. 51 ch, 2001-40.
101.71 Polling place.—
(1) There shall be in each precinct in each county
one polling place which shall be accessible to the public
on election day and is managed by a board of inspectors
and clerk of election. Only one elector shall be allowed
to enter any voting booth at a time; no one except
inspectors shall be allowed to speak to the elector while
casting his or her vote' and no inspector shall speak to
or interfere with the elector concerning his or her voting,
except to perform the duties as such inspector. Notwith-
standing any other provision of this chapter, this section
Ch. 101
VOTING METHODS AND PROCEDURE F.S. 2010
shall be applicable where the computer method of
voting is in use, and adequate provision shall be
made for the privacy of the elector while casting his
or her vote
(2) Notwithstanding the provisions of subsection (1),
whenever the supervisor of elections of any county
determines that the accommodations for holding any
election at a polling place designated for any precinct in
the county are unavailable, are inadequate for the
expeditious and efficient housing and handling of voting
and voting paraphernalia, or do not comply with the
requirements of s. 101.715, the supervisor shall, not
less than 30 days prior to the holding of an election
provide for the voting place for such precinct to be
moved to another site that is accessible to the public on
election day in said precinct or, if such is not available, to
another site that is accessible to the public on election
day in a contiguous precinct If such action of the
supervisor results in the voting place for two or more
precincts being located for the purposes of an election in
one building, the supervisor of elections shall provide
adequate supplies, equipment, and personnel are
available to accommodate the voters for the precincts
that are collocated. When any supervisor moves any
polling place pursuant to this subsection, the supervisor
shall, not more than 30 days or fewer than 7 days prior
to the holding of an election, give notice of the change of
the polling place for the precinct involved with clear
description of the voting place to which changed, at
least once in a newspaper of general circulation in the
county and on the supervisor of elections' website A
notice of the change of the polling place involved shall
be mailed, at least 14 days prior to an election, to each
registered elector or to each household in which there is
a registered elector.
(3) In cases of emergency and when time does not
permit compliance with subsection (2), the supervisor of
elections shall designate a new polling place which shall
be accessible to the public on election day and shall
cause a notice to be posted at the old polling place
advising the electors of the location of the new polling
place.
(4) Each polling place shall be conspicuously iden-
tified by a sign, on or near the premises of the polling
place designating the polling place by precinct number
Such sign shall be large enough to be clearly visible to
occupants of passing vehicular traffic on roadways
contiguous to the polling place, with letters no smaller
than 3 inches high, and shall be displayed at all times
while the polls are open on any election day.
(5) Public, tax -supported buildings shall be made
available for use as polling places upon the request of
the supervisor of elections
History.—s. 22, ch. 3879, 1889; RS 176; s. 26, ch. 4328, 1895; s. 1, ch. 4699,
1899; GS 208; RGS 252 CGL 308; s. 5, ch. 26870, 1951; s. 1, ch. 57-385; s. 3, ch.
67-530; s. 4, ch. 69-281; s. 23, ch 77-175; s. 4, ch. 78-188; s. 2, ch. 80-189; s. 12,
ch. 80-292; s. 1, ch. 85-38; s. 593, ch. 95-147; s 25 ch 2001-40; s. 15, ch.
2002-281; s. 10, ch. 2010-167.
Note. Former s. 99.06.
101.715 Accessibility of polling places for peo-
ple having a disability.—
(1) All polling places must be accessible and usable
by people with disabilities, as provided in this section.
70
(2) Only those polling places complying with the
Florida Americans With Disabilities Accessibility Imple-
mentation Act, ss. 553.501-553.513, for all portions of
the polling place or the structure in which it is located
that voters traverse going to and from the polling place
and during the voting process, regardless of the age or
function of the building, shall be used for federal, state,
and local elections.
(3) The selection of a polling site must ensure
accessibility with respect to the following accessible
elements spaces, scope and technical requirements:
accessible route, space allowance and reach ranges,
protruding objects, ground and floor surfaces, parking
and passenger loading zones, curb ramps, ramps,
stairs, elevators, platform lifts, doors, entrances, path
of egress, controls and operating mechanisms, signage,
and all other minimum requirements.
(4) Standards required at each polling place, regard-
less of the age of the building or function of the building,
includes
(a) For polling places that provide parking spaces for
voters, one or more signed accessible parking spaces
for disabled persons.
(b) Signage identifying an accessible path of travel
to the polling place if it differs from the primary route or
entrance.
(c) An unobstructed path of travel to the polling
place.
(d) Level, firm, stable, and slip -resistant surfaces.
(e) An unobstructed area for voting.
(f) Sufficient lighting along the accessible path of
travel and within the polling place.
(5) The Department of State may adopt rules in
accordance with s. 120.54 which are necessary to
administer this section.
History.—s. 1 ch. 76-50; s. 16, ch. 2002-281.
101.731 Short title.—Sections 101.731-101.74
may be cited as the 'Elections Emergency Act."
History.—s 1, ch. 92 16.
101.732 Definitions relating to Elections Emer-
gency Act.—As used in ss. 101 731-101.74:
(1) "Department" means the Department of State.
(2) "Division" means the Division of Elections of the
Department of State.
(3) "Emergency" means any occurrence, or threat
thereof, whether accidental, natural or caused by
human beings, in war or in peace, that results or may
result in substantial injury or harm to the population or
substantial damage to or loss of property to the extent it
will prohibit an election officer's ability to conduct a safe
and orderly election.
History—s. 2, ch. 92-16; s. 595, ch. 95-147.
101.733 Election emergency; purpose; elec-
tions emergency contingency plan.—Because of
the existing and continuing possibility of an emergency
or common disaster occurring before or during a
regularly scheduled or special election, and in order
to ensure maximum citizen participation in the electoral
process and provide a safe and orderly procedure for
persons seeking to exercise their right to vote, generally
to minimize to whatever degree possible a person's
F.B. 2010
VOTING METHODS AND PROCEDURE Ch. 101
exposure to danger during declared states of emer-
gency, and to protect the integrity of the electoral
process, it is hereby found and declared to be neces-
sary to designate a procedure for the emergency
suspension or delay and rescheduling of elections.
(1) The Governor may upon issuance of an execu-
tive order declanng a state of emergency or impending
emergency, suspend or delay any election. The Gov-
ernor may take such action independently or at the
request of the Secretary of State, a supervisor of
elections from a county affected by the emergency
circumstances, or a municipal clerk from a municipality
affected by the emergency circumstances.
(2) The Governor, upon consultation with the Se-
cretary of State, shall reschedule any election sus-
pended or delayed due to an emergency. The election
shall be held within 10 days after the date of the
suspended or delayed election or as soon thereafter as
is practicable. Notice of the election shall be published
at least once in a newspaper of general circulation in the
affected area and, where practicable broadcast as a
public service announcement on radio and television
stations at least 1 week prior to the date the election is to
be held.
(3) The Division of Elections of the Department of
State shall adopt, by rule an elections emergency
contingency plan, which shall contain goals and policies
that give specific direction to state and local elections
officials when an election has been suspended or
delayed due to an emergency. The contingency plan
shall be statewide in scope and shall address, but not be
limited to the following concerns:
(a) Providing a procedure for state and local elec-
tions officials to follow when an election has been
suspended or delayed to ensure notice of the suspen-
sion or delay to the proper authorities, the electorate,
the communications media, poll workers, and the
custodians of polling places.
(b) Providing a procedure for the orderly conduct of
a rescheduled election whether municipal, county,
district, or statewide in scope; coordinating those efforts
with the appropriate elections official, and the members
of the governing body holding such election, if appro-
priate; and working with the appropriate emergency
management officials in determining the safety of
71
existing polling places or designating additional polling
places.
(c) Providing a procedure for the release and
certification of election returns to the department for
elections suspended or delayed and subsequently
rescheduled under the provisions of ss 101.731-
101.74.
History.—s. 3, ch. 92-16
101.74 Temporary change of polling place in
case of emergency.—In case of an emergency exist-
ing in any precinct at the time of the holding of any
election, the supervisor of elections may establish, at
any safe and convenient point outside such precinct, an
additional polling place for the electors of that precinct,
in which place the qualified electors may vote. The
registration books of the affected precinct shall be
applicable to, and shall be used at, the polling place
so established.
History —s. 39, ch. 3879, 1889; RS 193; s. 70, ch. 4328, 1895; GS 254; RGS
298; CGL 354; s. 5, ch. 26870, 1951; s. 44, ch. 65-380; s. 23, ch. 77-175; s. 2, ch.
83-334; s. 4, ch. 92-16.
Note.—Former s. 99.55.
101.75 Municipal elections; change of dates for
cause.—
(1) In any municipality, when the date of the
municipal election falls on the same date as any
statewide or county election and the voting devices of
the voting system used in the county are not available
for both elections, the municipality may provide that the
municipal election may be held within 30 days prior to or
subsequent to the statewide or county election.
(2) The date of the municipal election shall be set by
the municipality by ordinance.
(3) Notwithstanding any provision of local law or
municipal charter, the governing body of a municipality
may, by ordinance, move the date of any municipal
election to a date concurrent with any statewide or
countywide election. The dates for qualifying for the
election moved by the passage of such ordinance shall
be specifically provided for in the ordinance and shall
run for no less than 14 days. The term of office for any
elected municipal official shall commence as provided
by the relevant municipal charter or ordinance.
History.—ss 1, 2 ch 59-493; s.1, ch. 76-68; s. 24, ch. 77-175; s. 5, ch. 92-16;
s. 26 ch. 2001-40; s. 4, ch. 2007-30; s. 23, ch. 2008-95.
Note.—Former s. 104.451.
Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
CHAPTER 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
102.012
102 014
102.021
102.031
102.071
102.091
102.101
102.111
102 112
102.121
102.131
102 141
102 151
102.155
102.166
102.168
102.1682
1021685
102.169
102.171
Inspectors and clerks to conduct elections.
Poll worker recruitment and training.
Compensation of inspectors, clerks, and
deputy sheriffs.
Maintenance of good order at polls; autho-
rities; persons allowed in polling rooms
and early voting areas; unlawful solicita-
tion of voters.
Tabulation of votes and proclamation of
results.
Duty of sheriff to watch for violations;
appointment of special officers.
Sheriff and other officers not allowed in
polling place.
Elections Canvassing Commission.
Deadline for submission of county returns
to the Department of State.
Elections Canvassing Commission to issue
certificates.
Returns before canvassing commission.
County canvassing board duties.
County canvassing board to issue certifi
cates; supervisor to give notice to De-
partment of State.
Certificate of election.
Manual recounts of overvotes and under -
votes.
Contest of election.
Judgment of ouster; revocation of commis-
sion; judgment setting aside referendum.
Venue.
Quo warranto not abridged.
Contest of election to Legislature.
102.012 Inspectors and clerks to conduct elec-
tions.-
(1)(a) The supervisor of elections of each county, at
least 20 days prior to the holding of any election, shall
appoint an election board comprised of poll workers who
serve as clerks or inspectors for each precinct in the
county. The clerk shall be in charge of, and responsible
for, seeing that the election board carries out its duties
and responsibilities. Each inspector and each clerk shall
take and subscribe to an oath or affirmation, which shall
be written or printed, to the effect that he or she will
perform the duties of inspector or clerk of election
respectively, according to law and will endeavor to
prevent all fraud, deceit or abuse in conducting the
election. The oath may be taken before an officer
authorized to administer oaths or before any of the
persons who are to act as inspectors, one of them to
swear the others, and one of the others sworn thus, in
turn, to administer the oath to the one who has not been
sworn. The oaths shall be returned with the poll list and
the returns of the election to the supervisor In all
questions that may arise before the members of an
election board, the decision of a majority of them shall
decide the question. The supervisor of elections of each
county shall be responsible for the attendance and
72
F.S. 2010
diligent performance of his or her duties by each clerk
and inspector.
(b) If two or more precincts share the same building
and voting place, the supervisor of elections may
appoint one election board for the collocated precincts.
The supervisor shall provide lthat a sufficient number of
poll workers are appointed to adequately handle the
processing of the voters in the collocated precincts.
(2) Each member of the election board shall be able
to read and write the English language and shall be a
registered qualified elector of the county in which the
member is appointed or a person who has preregistered
to vote, pursuant to s. 97.041(1)(b), in the county in
which the member is appointed. No election board shall
be composed solely of members of one political party;
however, in any primary in which only one party has
candidates appearing on the ballot all clerks and
inspectors may be of that party. Any person whose
name appears as an opposed candidate for any office
shall not be eligible to serve on an election board.
(3) The supervisor shall furnish inspectors of elec-
tion for each precinct with the list of registered voters for
that precinct The supervisor shall also furnish to the
inspectors of election at the polling place at each
precinct in the supervisor s county a sufficient number
of forms and blanks for use on election day.
(4) The election board of each precinct shall attend
the polling place by 6 a.m of the day of the election and
shall arrange the furniture, stationery, and voting
equipment. The election board shall conduct the voting,
beginning and closing at the time set forth in s 100.011
History. -s. 20, ch. 3879, 1889 RS 174; s. 24, ch. 4328, 1895; s. 8, ch. 4537,
1897 GS 205 RGS 249; s. 1, ch. 8587, 1921; CGL 305• s. 2, ch. 17898, 1937; s. 2,
ch. 25384, 1949; s. 6, ch. 26870, 1951; s. 38, ch. 28156, 1953; s. 25, ch. 29934,
1955 s. 10, ch. 57-166; s. 1, ch. 63-53; s. 1, ch. 65-416; s. 1, ch. 67-168; s. 1, ch.
67-385; s. 1, ch. 73-151; s. 25, ch. 77-175; s. 43, ch. 79-400; s. 1, ch. 80-264; s. 50
ch. 81-259; s. 19, ch. 84-302; s. 1, ch. 89-46; s. 596, ch. 95-147; s. 22, ch. 98-129; s
3, ch. 2000-249; ss. 27, 65, ch. 2001-40; s. 52, ch. 2005-277; s. 43, ch. 2005-278; s
11, ch. 2010-167.
1Note.-The word "that" following the word "provide" was inserted by the editors
Note. -Former s. 99.03.
102.014 Poll worker recruitment and training
(1) The supervisor of elections shall conduct training
for inspectors clerks, and deputy sheriffs prior to each
primary, general, and special election for the purpose of
instructing such persons in their duties and responsi-
bilities as election officials. The Division of Elections
shall develop a statewide uniform training curriculum for
poll workers and each supervisor shall use such
curriculum in training poll workers. A certificate may
be issued by the supervisor of elections to each person
completing such training. No person shall serve as an
inspector, clerk or deputy sheriff for an election unless
such person has completed the training as required. A
clerk may not work at the polls unless he or she
demonstrates a working knowledge of the laws and
procedures relating to voter registration, voting system
operation, balloting and polling place procedures, and
problem -solving and conflict -resolution skills.
(2) A person who has attended previous training
conducted within 2 years before the election may be
F.S. 2010
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
appointed by the supervisor to fill a vacancy on an
election board If no person with prior training is
available to fill such vacancy, the supervisor of elections
may fill such vacancy in accordance with the provisions
of subsection (3) from among persons who have not
received the training required by this section.
(3) In the case of absence or refusal to act on the
part of any inspector or clerk, the supervisor shall
appoint a replacement who meets the qualifications
prescribed in s. 102.012(2). The inspector or clerk so
appointed shall be a member of the same political party
as the clerk or inspector whom he or she replaces.
(4) Each supervisor of elections shall be responsible
for training inspectors and clerks, subject to the follow-
ing minimum requirements:
(a) No clerk shall be entitled to work at the polls
unless he or she has had a minimum of 3 hours of
training prior to each election.
(b) No inspector shall work at the polls unless he or
she has had a minimum of 2 hours of training prior to
each election.
(5) The Department of State shall create a uniform
polling place procedures manual and adopt the manual
by rule Each supervisor of elections shall ensure that
the manual is available in hard copy or electronic form in
every polling place. The manual shall guide inspectors,
clerks and deputy sheriffs in the proper implementation
of election procedures and laws The manual shall be
indexed by subject, and written in plain clear, unambig-
uous language. The manual shall provide specific
examples of common problems encountered at the
polls and detail specific procedures for resolving those
problems, The manual shall include, without limitation:
(a) Regulations governing solicitation by individuals
and groups at the polling place;
(b) Procedures to be followed with respect to voters
whose names are not on the precinct register;
(c) Proper operation of the voting system;
(d) Ballot handling procedures•
(e) Procedures governing spoiled ballots;
(f) Procedures to be followed after the polls close;
(g) Rights of voters at the polls;
(h) Procedures for handling emergency situations;
(i) Procedures for dealing with irate voters,
(j) The handling and processing of provisional
ballots; and
(k) Security procedures.
The Department of State shall revise the manual as
necessary to address new procedures in law or
problems encountered by voters and poll workers at
the precincts,
(6) Supervisors of elections shall work with the
business and local community to develop public-private
programs to ensure the recruitment of skilled inspectors
and clerks.
(7) The Department of State shall develop a man-
datory, statewide, and uniform program for training poll
workers on issues of etiquette and sensitivity with
respect to voters having a disability. The program
must be conducted locally by each supervisor of
elections, and each poll worker must complete the
program before working during the current election
73
cycle. The supervisor of elections shall contract with a
recognized disability -related organization, such as a
center for independent living, family network on dis-
abilities deaf service bureau or other such organiza-
tion, to develop and assist with training the trainers in
the disability sensitivity programs. The program must
include actual demonstrations of obstacles confronted
by disabled persons during the voting process, including
obtaining access to the polling place, traveling through
the polling area, and using the voting system.
History.—s. 64, ch. 2001-40; s. 19, ch. 2002-17; s. 18, ch. 2002-281; s. 53, ch.
2005-277; s. 17, ch. 2005-286; s. 24, ch. 2008-95.
102.021 Compensation of inspectors, clerks,
and deputy sheriffs.—
(1) Each inspector and each clerk of any election
and each deputy sheriff serving at a precinct shall be
paid for his or her services by the supervisor of
elections, and each inspector who delivers the returns
to the county seat shall receive such sums as the
supervisor of elections shall determine.
(2) Inspectors and clerks of election and deputy
sheriffs serving at the precincts may receive compensa-
tion and travel expenses as provided in s. 112 061, for
attending the poll worker training required by s. 102.014.
History.—s. 24, ch. 4328, 1895; s. 8, ch. 4537, 1897; GS 206; RGS 250; CGL
306; ss. 1, 2, ch. 20448, 1941; s. 3, ch. 25384, 1949; s. 6, ch. 26870, 1951; s. 5, ch.
63-400; s. 1, ch. 65-129; s. 25, ch. 77-175; s. 5, ch. 80-20; s. 597, ch. 95-147; s. 4,
ch. 2000-249; s. 66, ch. 2001-40.
Note.—Former s. 99.04.
102.031 Maintenance of good order at polls;
authorities; persons allowed in polling rooms and
early voting areas; unlawful solicitation of voters.
(1) Each election board shall possess full authority
to maintain order at the polls and enforce obedience to
its lawful commands during an election and the canvass
of the votes.
(2) The sheriff shall deputize a deputy sheriff for
each polling place and each early voting site who shall
be present during the time the polls or early voting sites
are open and until the election is completed, who shall
be subject to all lawful commands of the clerk or
inspectors and who shall maintain good order. The
deputy may summon assistance from among bystan-
ders to aid him or her when necessary to maintain peace
and order at the polls or early voting sites,
(3)(a) No person may enter any polling room or
polling place where the polling place is also a polling
room, or any early voting area during voting hours
except the following:
1. Official poll watchers;
2. Inspectors'
3. Election clerks;
4. The supervisor of elections or his or her deputy;
5. Persons there to vote, persons in the care of a
voter, or persons caring for such voter;
6. Law enforcement officers or emergency service
personnel there with permission of the clerk or a
majority of the inspectors; or
7. A person, whether or not a registered voter who
is assisting with or participating in a simulated election
for minors, as approved by the supervisor of elections.
(b) The restriction in this subsection does not apply
where the polling room is in an area commonly
Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
traversed by the public in order to gain access to
businesses or homes or in an area traditionally utilized
as a public area for discussion.
(4)(a) No person, political committee, committee of
continuous existence, or other group or organization
may solicit voters inside the polling place or within 100
feet of the entrance to any polling place, or polling room
where the polling place is also a polling room, or early
voting site. Before the opening of the polling place or
early voting site, the clerk or supervisor shall designate
the no -solicitation zone and mark the boundaries.
(b) For the purpose of this subsection, the terms
'solicit" or "solicitation" shall include, but not be limited
to, seeking or attempting to seek any vote, fact, opinion
or contribution; distributing or attempting to distribute
any political or campaign material, leaflet, or handout;
conducting a poll except as specified in this paragraph;
seeking or attempting to seek a signature on any
petition and selling or attempting to sell any item.
The terms "solicit' or "solicitation' shall not be construed
to prohibit exit polling.
(c) Each supervisor of elections shall inform the
clerk of the area within which soliciting is unlawful,
based on the particular characteristics of that polling
place The supervisor or the clerk may take any
reasonable action necessary to ensure order at the
polling places, including, but not limited to, having
disruptive and unruly persons removed by law enforce-
ment officers from the polling room or place or from the
100 -foot zone surrounding the polling place.
(5) No photography is permitted in the polling room
or early voting area
History. -s. 58, ch. 4328, 1895; GS 237; RGS 282; CGL 338; s. 6, ch. 26870,
1951; s. 1, ch. 59-212; s. 25, ch. 77-175; s. 2, ch. 85-205; s. 4, ch. 87-184; s. 15, ch.
87-363; s. 29, ch. 89-338; s. 2, ch. 92-134; s. 598, ch. 95-147; s. 5, ch. 2000-249; s.
54, ch. 2005-277; s. 25, ch. 2008-95.
Note. -Former s. 99.38.
102.071 Tabulation of votes and proclamation of
results -The election board shall post at the polls, for
the benefit of the public, the results of the voting for each
office or other item on the ballot as the count is
completed. Upon completion of all counts in all races,
a certificate of the results shall be drawn up by the
inspectors and clerk at each precinct upon a form
provided by the supervisor of elections which shall
contain the name of each person voted for for each
office, and the number of votes cast for each person for
such office, and if any question is submitted, the
certificate shall also contain the number of votes cast
for and against the question. The certificate shall be
signed by the inspectors and clerk and shall be
delivered without delay by one of the inspectors,
securely sealed, to the supervisor for immediate pub-
lication. All the ballot boxes, ballots, ballot stubs,
memoranda, and papers of all kinds used in the election
shall also be transmitted after being sealed by the
inspectors, to the supervisor's office Registration books
and the poll lists shall not be placed in the ballot boxes
but shall be returned to the supervisor.
History -s. 30, ch. 3879, 1889; RS 184; s. 61, ch. 4328, 1895; s. 2, ch. 4699,
1899; GS 242; RGS 286; CGL 342; s. 9, ch. 25384, 1949; s. 6, ch. 26329, 1949; s. 6,
ch. 26870, 1951; s. 39, ch. 28156, 1953; s. 19, ch. 73-334; s. 25, ch 77-175; s. 45,
ch. 79-400; s. 55, ch. 2005-277.
Note. -Former s. 99.43.
74
F.S. 2010
102.091 Duty of sheriff to watch for violations;
appointment of special officers. -The sheriff shall
exercise strict vigilance in the detection of any violations
of the election laws and in apprehending the violators.
The Governor may appoint special officers to investi-
gate alleged violations of the election laws, when it is
deemed necessary to see that violators of the election
laws are apprehended and punished.
History. -s. 6, ch. 26870 1951; s. 3, ch. 65-129.
102.101 Sheriff and other officers not allowed in
polling place. -No sheriff, deputy sheriff police officer,
or other officer of the law shall be allowed within the
polling place without permission from the clerk or a
majority of the inspectors, except to cast his or her
ballot Upon the failure of any of said officers to comply
with this provision, the clerk or the inspectors or any one
of them shall make an affidavit against such officer for
his or her arrest.
History. -s. 58, ch. 4328, 1895; GS 239; RGS 284; CGL 340; s. 6, ch. 26870,
1951; s. 4, ch. 65-129; s. 25, ch. 77-175; s. 599, ch. 95-147.
Note. -Former s. 99.41.
102.111 Elections Canvassing Commission.
(1) The Elections Canvassing Commission shall
consist of the Governor and two members of the
Cabinet selected by the Governor all of whom shall
serve ex officio. If a member of the commission is
unable to serve for any reason, the Governor shall
appoint a remaining member of the Cabinet. If there is a
further vacancy, the remaining members of the commis-
sion shall agree on another elected official to fill the
vacancy
(2) The Elections Canvassing Commission shall
meet at 9 a.m. on the 9th day after a primary election
and at 9 a.m. on the 14th day after a general election to
certify the returns of the election for each federal, state,
and multicounty office. If a member of a county
canvassing board that was constituted pursuant to s.
102 141 determines, within 5 days after the certification
by the Elections Canvassing Commission, that a
typographical error occurred in the official returns of
the county, the correction of which could result in a
change in the outcome of an election the county
canvassing board must certify corrected returns to the
Department of State within 24 hours, and the Elections
Canvassing Commission must correct and recertify the
election returns as soon as practicable.
(3) The Division of Elections shall provide the staff
services required by the Elections Canvassing Com-
mission.
History. -s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 248; RGS
292; CGL 348; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 30, ch. 71-377; s. 2,
ch. 77-122; s. 25, ch. 77-175; s. 6, ch. 82-143; s. 39, ch. 2001-40; s. 56, ch.
2005-277; s. 12, ch. 2010-167.
Note. -Former s. 99.49.
102.112 Deadline for submission of county re-
turns to the Department of State. -
(1) The county canvassing board or a majority
thereof shall file the county returns for the election of
a federal or state officer with the Department of State
immediately after certification of the election results.
The returns must contain a certification by the canvas-
sing board that the board has compared the number of
persons who voted with the number of ballots counted
F.S. 2010
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
and that the certification includes all valid votes cast in
the election.
(2) Returns must be filed by 5 p.m. on the 7th day
following a primary election and by noon on the 12th day
following the general election, However, the Depart-
ment of State may correct typographical errors, includ-
ing the transposition of numbers, in any returns sub-
mitted to the Department of State pursuant to s.
102.111(2)
(3) If the returns are not received by the department
by the time specified, such returns shall be ignored and
the results on file at that time shall be certified by the
department.
(4) If the returns are not received by the department
due to an emergency, as defined in s 101.732, the
Elections Canvassing Commission shall determine the
deadline by which the returns must be received,
History.—s. 30, ch. 89-338; s. 7 ch. 99-140; s. 40, ch. 2001-40; s. 57, ch.
2005.277; s. 32, ch. 2007-30; s. 26, ch. 20011,95; s. 13, ch. 2010-167.
102.121 Elections Canvassing Commission to
issue certificates.—The Elections Canvassing Com-
mission shall make and sign separate certificates of the
result of the election for federal and state officers, which
certificates shall be written and contain the total number
of votes cast for each person for each office. The
certificates, the one including the result of the election
for presidential electors and representatives to Con-
gress, and the other including the result of the election
for state officers, shall be recorded in the Department of
State in a book to be kept for that purpose.
History.—s. 35, ch. 3879, 1889; RS 189; s. 66 ch. 4328, 1895; GS 250; RGS
294; CGL 350; s. 6, ch. 26870, 1951; ss. 10, 35, ch 69-106; s. 25, ch. 77-175.
Note.—Former s. 99.51.
102.131 Returns before canvassing commis-
sion.—If any returns shall appear to be irregular or
false so that the Elections Canvassing Commission is
u nable to determine the true vote for any office,
n omination, constitutional amendment, or other mea-
sure presented to the electors, the commission shall so
certify and shall not include the returns in its determina-
tion canvass, and declaration. The Elections Canvas-
sing Commission in determining the true vote shall not
have authority to Zook beyond the county returns. The
Department of State shall file in its office all the returns,
together with other documents and papers received by it
o r the commission. The commission shall canvass the
returns for presidential electors and representatives to
Congress separately from their canvass of returns for
state officers.
History.—s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 249; RGS
293; CGL 349; s. 6, ch. 26870,1951; s. 5, ch. 65-129; ss.10, 35, ch. 69-106; s. 25,
ch. 77-175; s. 46, ch. 79-400.
Note.—Former s. 99.50.
102.141 County canvassing board; duties
(1) The county canvassing board shall be composed
of the supervisor of elections; a county court judge, who
shall act as chair• and the chair of the board of county
commissioners. In the event any member of the county
canvassing board is unable to serve, is a candidate who
has opposition in the election being canvassed or is an
active participant in the campaign or candidacy of any
candidate who has opposition in the election being
canvassed, such member shall be replaced as follows:
75
(a) If no county court judge is able to serve or if all
are disqualified, the chief judge of the judicial circuit in
which the county is located shall appoint as a substitute
member a qualified elector of the county who is not a
candidate with opposition in the election being can-
vassed and who is not an active participant in the
campaign or candidacy of any candidate with opposition
in the election being canvassed. In such event, the
members of the county canvassing board shall meet
and elect a chair
(b) If the supervisor of elections is unable to serve or
is disqualified, the chair of the board of county
commissioners shall appoint as a substitute member
a member of the board of county commissioners who is
not a candidate with opposition in the election being
canvassed and who is not an active participant in the
campaign or candidacy of any candidate with opposition
in the election being canvassed. The supervisor, how-
ever, shall act in an advisory capacity to the canvassing
board.
(c) If the chair of the board of county commissioners
is unable to serve or is disqualified, the board of county
commissioners shall appoint as a substitute member
one of its members who is not a candidate with
opposition in the election being canvassed and who is
not an active participant in the campaign or candidacy of
any candidate with opposition in the election being
canvassed.
(d) If a substitute member cannot be appointed as
provided elsewhere in this subsection the chief judge of
the judicial circuit in which the county is located shall
appoint as a substitute member a qualified elector of the
county who is not a candidate with opposition in the
election being canvassed and who is not an active
participant in the campaign or candidacy of any
candidate with opposition in the election being can-
vassed.
(2) The county canvassing board shall meet in a
building accessible to the public in the county where the
election occurred at a time and place to be designated
by the supervisor of elections to publicly canvass the
absentee electors' ballots as provided for in s 101 68
and provisional ballots as provided by ss. 101.048
101.049, and 101.6925. Provisional ballots cast pur-
suant to s. 101.049 shall be canvassed in a manner that
votes for candidates and issues on those ballots can be
segregated from other votes Public notice of the time
and place at which the county canvassing board shall
meet to canvass the absentee electors' ballots and
provisional ballots shall be given at least 48 hours prior
thereto by publication on the supervisor of elections'
website and once in one or more newspapers of general
circulation in the county or, if there is no newspaper of
general circulation in the county, by posting such notice
in at least four conspicuous places in the county. As
soon as the absentee electors' ballots and the provi-
sional ballots are canvassed, the board shall proceed to
publicly canvass the vote given each candidate, nomi-
nee, constitutional amendment, or other measure sub-
mitted to the electorate of the county as shown by the
returns then on file in the office of the supervisor of
elections.
Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
(3) The canvass, except the canvass of absentee
electors' returns and the canvass of provisional ballots,
shall be made from the returns and certificates of the
inspectors as signed and filed by them with the super-
visor and the county canvassing board shall not change
the number of votes cast for a candidate, nominee,
constitutional amendment, or other measure submitted
to the electorate of the county, respectively, in any
polling place as shown by the returns. All returns shall
be made to the board on or before 2 a m of the day
following any primary, general, or other election. If the
returns from any precinct are missing, if there are any
omissions on the returns from any precinct, or if there is
an obvious error on any such returns, the canvassing
board shall order a retabulation of the returns from such
precinct. Before canvassing such returns, the canvas-
sing board shall examine the tabulation of the ballots
cast in such precinct and determine whether the returns
correctly reflect the votes cast. If there is a discrepancy
between the returns and the tabulation of the ballots
cast, the tabulation of the ballots cast shall be presumed
correct and such votes shall be canvassed accordingly
(4) The canvassing board shall submit by 11:59 p.m
on election night the preliminary returns it has received
to the Department of State in a format provided by the
department.
(5) The canvassing board shall submit on forms or in
formats provided by the division unofficial returns to the
Department of State for each federal, statewide, state,
or multicounty office or ballot measure no later than
noon on the third day after any primary election and no
later than noon on the fourth day after any general or
other election. Such returns shall include the canvass of
all ballots as required by subsection (2).
(6) If the county canvassing board determines that
the unofficial returns may contain a counting error in
which the vote tabulation system failed to count votes
that were properly marked in accordance with the
instructions on the ballot, the county canvassing
board shall:
(a) Correct the error and retabulate the affected
ballots with the vote tabulation system, or
(b) Request that the Department of State verify the
tabulation software. When the Department of State
verifies such software, the department shall compare
the software used to tabulate the votes with the software
fled with the department pursuant to s. 101.5607 and
check the election parameters.
(7) If the unofficial returns reflect that a candidate for
any office was defeated or eliminated by one-half of a
percent or less of the votes cast for such office, that a
candidate for retention to a judicial office was retained or
not retained by one-half of a percent or Tess of the votes
cast on the question of retention, or that a measure
appeanng on the ballot was approved or rejected by
one-half of a percent or less of the votes cast on such
measure, a recount shall be ordered of the votes cast
with respect to such office or measure. The Secretary of
State is responsible for ordering recounts in federal
state, and multicounty races. The county canvassing
board or the local board responsible for certifying the
election is responsible for ordering recounts in all other
races. A recount need not be ordered with respect to the
76
F.S. 2010
returns for any office, however, if the candidate or
candidates defeated or eliminated from contention for
such office by one-half of a percent or Tess of the votes
cast for such office request in writing that a recount not
be made.
(a) Each canvassing board responsible for conduct-
ing a recount shall put each marksense ballot through
automatic tabulating equipment and determine whether
the returns correctly reflect the votes cast. If any
marksense ballot is physically damaged so that it cannot
be properly counted by the automatic tabulating equip-
ment during the recount a true duplicate shall be made
of the damaged ballot pursuant to the procedures in s.
101.5614(5). Immediately before the start of the re-
count, a test of the tabulating equipment shall be
conducted as provided in s. 101.5612. If the test
indicates no error, the recount tabulation of the ballots
cast shall be presumed correct and such votes shall be
canvassed accordingly. If an error is detected the
cause therefor shall be ascertained and corrected and
the recount repeated, as necessary. The canvassing
board shall immediately report the error, along with the
cause of the error and the corrective measures being
taken to the Department of State. No later than 11 days
after the election, the canvassing board shall file a
separate incident report with the Department of State,
detailing the resolution of the matter and identifying any
measures that will avoid a future recurrence of the error.
(b) Each canvassing board responsible for conduct-
ing a recount where touchscreen ballots were used shall
examine the counters on the precinct tabulators to
ensure that the total of the returns on the precinct
tabulators equals the overall election return If there is a
discrepancy between the overall election return and the
counters of the precinct tabulators, the counters of the
precinct tabulators shall be presumed correct and such
votes shall be canvassed accordingly.
(c) The canvassing board shall submit on forms or in
formats provided by the division a second set of
unofficial returns to the Department of State for each
federal, statewide state, or multicounty office or ballot
measure. The returns shall be filed no later than 3 p.m
on the 5th day after any primary election and no later
than 3 p.m. on the 9th day after any general election in
which a recount was ordered by the Secretary of State.
If the canvassing board is unable to complete the
recount prescribed in this subsection by the deadline,
the second set of unofficial returns submitted by the
canvassing board shall be identical to the initial
unofficial returns and the submission shall also include
a detailed explanation of why it was unable to timely
complete the recount. However the canvassing board
shall complete the recount prescribed in this subsection,
along with any manual recount prescribed in s. 102.166
and certify election returns in accordance with the
requirements of this chapter.
(d) The Department of State shall adopt detailed
rules prescribing additional recount procedures for each
certified voting system, which shall be uniform to the
extent practicable.
(8) The canvassing board may employ such clerical
help to assist with the work of the board as it deems
necessary, with at least one member of the board
F.S. 2010
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
present at all times, until the canvass of the returns is
completed. The clerical help shall be paid from the same
fund as inspectors and other necessary election offi
ciais.
(9)(a) At the same time that the official results of an
election are certified to the Department of State, the
county canvassing board shall file a report with the
Division of Elections on the conduct of the election. The
report must describe:
1. All equipment or software malfunctions at the
precinct level, at a counting location, or within computer
and telecommunications networks supporting a county
location, and the steps that were taken to address the
malfunctions;
2 All election definition errors that were discovered
after the logic and accuracy test, and the steps that were
taken to address the errors
3. All ballot printing errors or ballot supply pro-
blems, and the steps that were taken to address the
errors or problems;
4. All staffing shortages or procedural violations by
employees or precinct workers which were addressed
by the supervisor of elections or the county canvassing
board during the conduct of the election, and the steps
that were taken to correct such issues;
5. All instances where needs for staffing or equip-
ment were insufficient to meet the needs of the voters;
and
6. Any additional information regarding material
issues or problems associated with the conduct of the
election.
(b) If a supervisor discovers new or additional
information on any of the items required to be included
in the report pursuant to paragraph (a) after the report is
filed, the supervisor shall notify the division that new
information has been discovered no later than the next
business day after the discovery, and the supervisor
shall file an amended report signed by the supervisor of
elections on the conduct of the election within 10 days
after the discovery.
(c) Such reports shall be maintained on file in the
Division of Elections and shall be available for public
inspection The division shall utilize the reports sub-
mitted by the canvassing boards to determine what
problems may be likely to occur in other elections and
disseminate such information, along with possible
solutions, to the supervisors of elections.
(10) The supervisor shall file with the department a
copy of or an export file from the results database of the
county s voting system and other statistical information
as may be required by the department, the Legislature,
or the Election Assistance Commission. The depart-
ment shall adopt rules establishing the required content
and acceptable formats for the filings and time for filings
History. -s. 46, ch. 6469, 1913; RGS 350 CGL 407; s. 11, ch. 13761 1929; s
6, ch. 26870, 1951; s. 1, ch. 57-104; s. 6, ch. 65-129; s. 19, ch. 73-334; s. 26, ch
77-175; s. 47, ch. 79-400; s. 18, ch. 84302; s. 4, ch. 86-33; s. 600, ch. 95-147; s. 41
ch. 2001-40; s. 20, ch. 2002-17; s. 26, ch. 2003-415; s. 58, ch. 2005.277; s. 33, ch
2007-30; s. 14, ch. 2010-167.
Note. -Former s. 10Q45.
102.151 County canvassing board to issue cer-
tificates• supervisor to give notice to Department of
State The county canvassing board shall make and
sign duplicate certificates containing the total number of
77
votes cast for each person nominated or elected, the
names of persons for whom such votes were cast and
the number of votes cast for each candidate or nominee
One of such certificates which relates to offices for
which the candidates or nominees have been voted for
in more than one county shall be immediately trans
miffed to the Department of State, and the second copy
filed in the supervisor's office. The supervisor shall
transmit to the Department of State, immediately after
the county canvassing board has canvassed the returns
of the election, a list containing the names of all county
and district officers nominated or elected, the office for
which each was nominated or elected, and the mailing
address of each.
History. -s 47, ch 6469, 1913; RGS 351; CGL 408; s. 12, ch. 13761, 1929; s.
5, ch. 25388, 1949; s.6 ch. 26870, 1951; ss. 10, 35, ch. 69.106; s. 27, ch. 77-175; s.
31, ch. 89 338.
Note. -Former s. 102.46.
102.155 Certificate of election. The supervisor
shall give to any person the election of whom is certified
by the county canvassing board a certificate of the
person's election. The Department of State shall give to
any person the election of whom is certified by the state
canvassing board a certificate of the person's election.
The certificate of election which is issued to any person
shall be prima facie evidence of the election of such
person.
History. -s. 32, ch. 3879, 1889; R5 186; s. 63, ch. 4328, 1895; GS 245; RGS
289; CGL 345; s. 2, ch. 26870, 1951; s. 5, ch. 77-175; s. 1393, ch. 95-147.
Note. -Former s. 99.46.
102.166 Manual recounts of overvotes and un-
dervotes.-
(1) If the second set of unofficial returns pursuant to
s. 102.141 indicates that a candidate for any office was
defeated or eliminated by one-quarter of a percent or
less of the votes cast for such office, that a candidate for
retention to a judicial office was retained or not retained
by one-quarter of a percent or less of the votes cast on
the question of retention, or that a measure appearing
on the ballot was approved or rejected by one-quarter of
a percent or less of the votes cast on such measure, a
manual recount of the overvotes and undervotes cast in
the entire geographic jurisdiction of such office or ballot
measure shall be ordered unless
(a) The candidate or candidates defeated or elimi-
nated from contention by one-quarter of 1 percent or
fewer of the votes cast for such office request in writing
that a recount not be made; or
(b) The number of overvotes and undervotes is
fewer than the number of votes needed to change the
outcome of the election.
The Secretary of State is responsible for ordering a
manual recount for federal, state, and multicounty
races. The county canvassing board or local board
responsible for certifying the election is responsible for
ordering a manual recount for all other races.
(2)(a) Any hardware or software used to identify and
sort overvotes and undervotes for a given race or ballot
measure must be certified by the Department of State
as part of the voting system pursuant to s 101.015. Any
such hardware or software must be capable of simulta-
neously counting votes.
Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
(b) Overvotes and undervotes shall be identified and
sorted while recounting ballots pursuant to s. 102.141, if
the hardware or software for this purpose has been
certified or the department's rules so provide
(3) Any manual recount shall be open to the public
(4)(a) A vote for a candidate or ballot measure shall
be counted if there is a clear indication on the ballot that
the voter has made a definite choice.
(b) The Department of State shall adopt specific
rules for each certified voting system prescribing what
constitutes a "clear indication on the ballot that the voter
has made a definite choice." The rules may not:
1. Exclusively provide that the voter must properly
mark or designate his or her choice on the ballot; or
2. Contain a catch-all provision that fails to identify
specific standards, such as "any other mark or indica-
tion clearly indicating that the voter has made a definite
choice."
(5) Procedures for a manual recount are as follows:
(a) The county canvassing board shall appoint as
many counting teams of at least two electors as is
necessary to manually recount the ballots. A counting
team must have, when possible members of at least
two political parties A candidate involved in the race
shall not be a member of the counting team.
(b) Each duplicate ballot prepared pursuant to s.
101.5614(5) or s. 102 141(7) shall be compared with the
original ballot to ensure the correctness of the duplicate.
(c) If a counting team is unable to determine whether
the ballot contains a clear indication that the voter has
made a definite choice, the ballot shall be presented to
the county canvassing board for a determination.
(d) The Department of State shall adopt detailed
rules prescribing additional recount procedures for each
certified voting system which shall be uniform to the
extent practicable. The rules shall address, at a mini-
mum, the following areas:
1. Security of ballots during the recount process;
2 Time and place of recounts;
3. Public observance of recounts;
4. Objections to ballot determinations;
5. Record of recount proceedings; and
6. Procedures relating to candidate and petitioner
representatives.
History. -s. 9, ch. 18405, 1937; CGL 1940; Supp. 337(23-b); s. 7, ch. 22858,
1945; s. 5, ch. 26870,1951; s. 30, ch. 28156,1953; s. 24, ch. 57-1; s 29 ch 65-380;
s. 27, ch. 77-175; s. 48, ch. 79-400; s. 15, ch. 89-348; s. 601, ch. 95-147; s. 1, ch.
99-339; s. 42, ch. 2001-40; s. 21, ch. 2002-17; s. 59, ch. 2005-277; s. 34, ch.
2007-30; s. 15, ch. 2010-167.
Note. -Former s. 100.25; s. 101.57.
102.168 Contest of election. -
(1) Except as provided in s. 102.171, the certification
of election or nomination of any person to office, or of
the result on any question submitted by referendum
may be contested in the circuit court by any unsuccess-
ful candidate for such office or nomination thereto or by
any elector qualified to vote in the election related to
such candidacy, or by any taxpayer, respectively
(2) Such contestant shall file a complaint, together
with the fees prescribed in chapter 28, with the clerk of
the circuit court within 10 days after midnight of the date
the last board responsible for certifying the results
officially certifies the results of the election being
contested.
78
F.S. 2010
(3) The complaint shall set forth the grounds on
which the contestant intends to establish his or her right
to such office or set aside the result of the election on a
submitted referendum. The grounds for contesting an
election under this section are'
(a) Misconduct, fraud, or corruption on the part of
any election official or any member of the canvassing
board sufficient to change or place in doubt the result of
the election.
(b) Ineligibility of the successful candidate for the
nomination or office in dispute.
(c) Receipt of a number of illegal votes or rejection of
a number of legal votes sufficient to change or place in
doubt the result of the election.
(d) Proof that any elector election official, or can-
vassing board member was given or offered a bribe or
reward in money, property, or any other thing of value
for the purpose of procuring the successful candidate's
nomination or election or determining the result on any
question submitted by referendum.
(4) The county canvassing board is an indispensa-
ble and proper party defendant in county and local
elections' the Elections Canvassing Commission is an
indispensable and proper party defendant in federal,
state, and multicounty races; and the successful
candidate is an indispensable party to any action
brought to contest the election or nomination of a
candidate.
(5) A statement of the grounds of contest may not be
rejected, nor the proceedings dismissed by the court for
any want of form if the grounds of contest provided in the
statement are sufficient to clearly inform the defendant
of the particular proceeding or cause for which the
nomination or election is contested.
(6) A copy of the complaint shall be served upon the
defendant and any other person named therein in the
same manner as in other civil cases under the laws of
this state. Within 10 days after the complaint has been
served, the defendant must file an answer admitting or
denying the allegations on which the contestant relies or
stating that the defendant has no knowledge or informa-
tion concerning the allegations, which shall be deemed
a denial of the allegations, and must state any other
defenses, in law or fact, on which the defendant relies. If
an answer is not filed within the time prescnbed, the
defendant may not be granted a hearing in court to
assert any claim or objection that is required by this
subsection to be stated in an answer.
(7) Any candidate, qualified elector, or taxpayer
presenting such a contest to a circuit judge is entitled
to an immediate hearing. However, the court in its
discretion may limit the time to be consumed in taking
testimony, with a view therein to the circumstances of
the matter and to the proximity of any succeeding
election.
History. -ss. 7, 8, Art. 10, ch. 38, 1845; RS 199; GS 283; RGS 379; CGL444; s.
3, ch. 26870, 1951; s. 16, ch. 65-378; s. 28, ch. 77-175; s. 49, ch. 79-400; s. 602, ch.
95-147; s. 3, ch. 99-339; s. 44, ch. 2001-40; s. 60, ch. 2005-277.
Note. -Formers. 104.06; s. 99.192; s. 102.161.
102.1682 Judgment of ouster; revocation of
commission• judgment setting aside referendum
(1) If the contestant is found to be entitled to the
office, if on the findings a judgment to that effect is
F.S. 2010
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
entered, and if the adverse party has been commis-
sioned or has entered upon the duties thereof or is
holding the office, then a judgment of ouster shall be
entered against such party Upon presentation of a
certified copy of the judgment of ouster to the Governor,
the Governor shall revoke such commission and
commission the person found in the judgment to be
entitled to the office.
(2) If a judgment is entered setting aside a refer-
endum the election shall be void.
Hlslory.—s. 9, Art. 10, ch. 38 1845 RS 201 GS 285; RGS 381; CGL 446; s. 3,
ch. 26870, 1951; s. 18, ch. 65.378; s. 29, ch 77 175.
Note.—Formers. 104.08; s. 99.211; s. 102 163.
102.1685 Venue.—The venue for contesting a
nomination or election or the results of a referendum
shall be in the county in which the contestant qualified or
in the county in which the question was submitted for
referendum or, if the election or referendum covered
more than one county, then in Leon County.
History.—s. 3, ch. 26870, 1951 s. 17, ch. 65-378; s. 30, ch. 77.175.
Note.—Formers. 9a202; s. 102 162
102.169 Quo warranto not abridged.—Nothing in
this code shall be construed to abrogate or abridge any
remedy that may now exist by quo warranto, but in such
case the proceeding prescribed in s. 102.168 shall be
an alternative or cumulative remedy.
History.—RS 203; GS 287 RGS 383; CGL 448; s. 3, ch. 26870,1951; s. 19, ch.
65-378 s. 31, ch. 77-175.
Note.—Former s. 104.10; s. 99.221; s. 102.164.
79
102.171 Contest of election to Legislature.—The
jurisdiction to hear any contest of the election of a
member to either house of the Legislature is vested in
the applicable house, as each house, pursuant to s 2,
Art. III of the State Constitution is the sole judge of the
qualifications, elections, and returns of its members.
Therefore, the certification of election of any person to
the office of member of either house of the Legislature
may only be contested in the applicable house by an
unsuccessful candidate for such office in accordance
with the rules of that house. This section does not apply
to any contest of the nomination of any person for the
office of member of either house of the Legislature at
any primary or special primary election in which only
those qualified electors who are registered members of
the political party holding such primary election may
vote as provided for in s. 5(b), Art. VI of the State
Constitution. This section does apply to any contest of a
primary or special primary election for the office of
member of either house of the Legislature in which all
qualified electors may vote, as provided for in s. 5(b),
Art. VI of the State Constitution, and the recipient of the
most votes is deemed to be elected according to
applicable law.
History.—s. 4, ch. 99-339.
Ch. 103
103.011
103.021
103.022
103.051
103.061
103.062
103.071
103.081
103.091
103.101
103.121
103.131
103.141
103.161
PRESIDENTIAL ELECTORS
POLITICAL PARTIES; COMMITTEES F.S. 2010
CHAPTER 103
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES
AND MEMBERS
Electors of President and Vice President.
N omination for presidential electors.
Write-in candidates for President and Vice
President.
Congress sets meeting dates of electors.
Meeting of electors and filling of vacancies.
P lurality of votes to fill vacancy; proceeding
in case of tie.
Compensation of electors.
U se of party name; political advertising.
Political parties.
P residential preference primary.
Powers and duties of executive committees.
Political party offices deemed vacant in
certain cases.
Removal of county executive committee
member for violation of oath.
Removal or suspension of officers or mem-
bers of state executive committee or
county executive committee.
103.011 Electors of President and Vice Presi-
dent —Electors of President and Vice President, known
as presidential electors, shall be elected on the first
Tuesday after the first Monday in November of each
year the number of which is a multiple of 4 Votes cast
for the actual candidates for President and Vice
President shall be counted as votes cast for the
presidential electors supporting such candidates. The
Department of State shall certify as elected the pre-
sidential electors of the candidates for President and
Vice President who receive the highest number of
votes.
History.—ss. 2, 3, ch. 3879, 1869; RS 157; s. 4, ch. 4328, 1895; s. 3, ch. 4537,
1897; GS 174; RGS 218; CGL 253; s. 2, ch. 25383, 1949; s. 7, ch. 26870, 1951; ss.
10, 35, ch. 69-106; s. 32, ch. 77-175.
Note.—Former s. 98.07.
103.021 Nomination for presidential electors.
Candidates for presidential electors shall be nominated
in the following manner:
(1) The Governor shall nominate the presidential
electors of each political party. The state executive
committee of each political party shall by resolution
recommend candidates for presidential electors and
deliver a certified copy thereof to the Governor before
September 1 of each presidential election year. The
Governor shall nominate only the electors recom-
mended by the state executive committee of the
respective political party. Each such elector shall be a
qualified elector of the party he or she represents who
has taken an oath that he or she will vote for the
candidates of the party that he or she is nominated to
represent. The Governor shall certify to the Department
of State on or before September 1, in each presidential
election year, the names of a number of electors for
each political party equal to the number of senators and
representatives which this state has in Congress.
(2) The names of the presidential electors shall not
be printed on the general election ballot, but the names
of the actual candidates for President and Vice Pre-
sident for whom the presidential electors will vote if
elected shall be printed on the ballot in the order in
which the party of which the candidate is a nominee
polled the highest number of votes for Governor in the
last general election.
(3) Candidates for President and Vice President with
no party affiliation may have their names printed on the
general election ballots if a petition is signed by 1
percent of the registered electors of this state as shown
by the compilation by the Department of State for the
last preceding general election. A separate petition from
each county for which signatures are solicited shall be
submitted to the supervisor of elections of the respec-
tive county no later than July 15 of each presidential
election year The supervisor shall check the names
and, on or before the date of the primary election, shall
certify the number shown as registered electors of the
county The supervisor shall be paid by the person
requesting the certification the cost of checking the
petitions as prescribed in s. 99.097. The supervisor shall
then forward the certificate to the Department of State
which shall determine whether or not the percentage
factor required in this section has been met. When the
percentage factor required in this section has been met,
the Department of State shall order the names of the
candidates for whom the petition was circulated to be
included on the ballot and shall permit the required
number of persons to be certified as electors in the
same manner as party candidates.
(4)(a) A minor political party that is affiliated with a
national party holding a national convention to nominate
candidates for President and Vice President of the
U nited States may have the names of its candidates for
P resident and Vice President of the United States
printed on the general election ballot by filing with the
Department of State a certificate naming the candidates
for President and Vice President and listing the required
number of persons to serve as electors. Notification to
the Department of State under this subsection shall be
made by September 1 of the year in which the election is
held. When the Department of State has been so
notified it shall order the names of the candidates
nominated by the minor political party to be included on
the ballot and shall permit the required number of
persons to be certified as electors in the same manner
as other party candidates. As used in this section, the
term "national party means a political party established
and admitted to the ballot in at least one state other than
Florida.
(b) A minor political party that is not affiliated with a
national party holding a national convention to nominate
candidates for President and Vice President of the
U nited States may have the names of its candidates for
P resident and Vice President printed on the general
election ballot if a petition is signed by 1 percent of the
80
F.S. 2010
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
registered electors of this state, as shown by the
compilation by the Department of State for the preced-
ing general election. A separate petition from each
county for which signatures are solicited shall be
submitted to the supervisors of elections of the respec-
tive county no later than July 15 of each presidential
election year. The supervisor shall check the names
and, on or before the date of the primary election, shall
certify the number shown as registered electors of the
county. The supervisor shall be paid by the person
requesting the certification the cost of checking the
petitions as prescribed in s. 99.097 The supervisor shall
then forward the certificate to the Department of State
which shall determine whether or not the percentage
factor required in this section has been met. When the
percentage factor required in this section has been met,
the Department of State shall order the names of the
candidates for whom the petition was circulated to be
included on the ballot and shall permit the required
number of persons to be certified as electors in the
same manner as other party candidates.
(5) When for any reason a person nominated or
elected as a presidential elector is unable to serve
because of death, incapacity, or otherwise, the Gover-
nor may appoint a person to fill such vacancy who
possesses the qualifications required for the elector to
have been nominated in the first instance. Such person
shall file with the Governor an oath that he or she will
support the same candidates for President and Vice
President that the person who is unable to serve was
committed to support.
History -s.1, ch. 25143,1949; s. 7, ch. 26870, 1951; s. 1, ch. 61-364; s. 1, ch.
67-353; ss. 10, 35, ch. 69-106• ss. 7, 8, ch. 70-269; s. 1, ch. 70-439; s. 32, ch.
77-175; s. 8, ch. 83-251; s. 13, ch. 85-80; s. 603, ch. 95-147; s. 5, ch. 99-318; s. 61,
ch. 2005-277; s. 18, ch. 2005-286.
Note. -Former s. 102,011.
103.022 Write-in candidates for President and
Vice President. -Persons seeking to qualify for elec-
tion as write-in candidates for President and Vice
President of the United States may have a blank
space provided on the general election ballot for their
names to be written in by filing an oath with the
Department of State at any time after the 57th day,
but before noon of the 49th day, prior to the date of the
primary election in the year in which a presidential
election is held. The Department of State shall prescribe
the form to be used in administering the oath. The
candidates shall file with the department a certificate
naming the required number of persons to serve as
electors. Such write-in candidates shall not be entitled to
have their names on the ballot.
History. -s. 15, ch. 81-105; s. 9, ch. 83-251; s. 19, ch. 2005.286.
103.051 Congress sets meeting dates of elec-
tors -The presidential electors shall, on the day that is
directed by Congress and at the time fixed by the
Governor, meet at Tallahassee and perform the duties
required of them by the Constitution and laws of the
United States.
History. -s. 6, ch. 71, 1847; RS 204; GS 268; RGS 384; CGL. 449; s. 7, ch.
26870, 1951; s. 32, ch. 77-175; s. 62, ch 2005-277.
Note. -Former s. 105.01.
103.061 Meeting of electors and filling of vacan-
cies. -Each presidential elector shall, on the day fixed
81
by Congress to elect a President and Vice President
and at the time fixed by the Governor, give notice to the
Governor that the elector is in Tallahassee and ready to
perform the duties of presidential elector. The Governor
shall forthwith deliver to the presidential electors pre-
sent a certificate of the names of all the electors; and if,
on examination thereof, it should be found that one or
more electors are absent, the electors present shall
elect by ballot, in the presence of the Governor, a
person or persons to fill such vacancy or vacancies as
may have occurred through the nonattendance of one or
more of the electors.
History. -s. 8, ch. 71, 1847; RS 206; GS 290; RGS 386; CGL 451; s. 7, ch.
26870, 1951 s. 32, ch 77-175; s. 1, ch. 85-19; s. 604, ch. 95-147; s. 63, ch.
2005-277.
Note. -Former s. 105,03.
103.062 Plurality of votes to fill vacancy; pro-
ceeding in case of tie. -If any more than the number
of persons required to fill the vacancy as provided by s.
103.061 receive the highest and an equal number of
votes, then the election of those receiving such highest
and equal number of votes shall be determined by lot
drawn by the Governor in the presence of the pre-
sidential electors attending; otherwise, those, to the
number required, receiving the highest number of votes,
shall be considered elected to fill the vacancy.
History. -s. 7, ch. 26870, 1951; s, 2 ch. 67 353; s. 32, ch. 77-175.
Note. -Formers. 103.031.
103.071 Compensation of electors. -Each pre-
sidential elector attending as such in Tallahassee shall
be reimbursed for his or her travel expenses, as
provided in s. 112 061, from the elector's place of
residence to Tallahassee and return. Such expenses
shall be paid upon approval of the Governor. The
amounts necessary to meet the requirements of this
section shaft be included in the legislative budget
request of the Governor. If the amounts appropriated
for this purpose are insufficient, the Executive Office of
the Governor may release the necessary amounts from
the deficiency appropriation.
History. -s.12, ch. 71, 1847; RS 210; GS 294; RGS 390; CGL 455; ss. 7, chs.
26869, 26870, 1951; s. 1, ch. 61-32; s. 6, ch. 63-400; ss. 2, 3, ch. 67-371; ss 31, 35,
ch. 69-106; s. 86, ch. 79-190; s. 605, ch. 95-147.
Note. -Former s. 105.07.
103.081 Use of party name; political advertising.
(1) No person shall use the name, abbreviation, or
symbol of any political party, the name abbreviation, or
symbol of which is filed with the Department of State, in
political advertising in newspapers, other publications,
handbills, radio or television, or any other form of
advertising in connection with any political activities in
support of a candidate of any other party, unless such
person shall first obtain the written permission of the
chair of the state executive committee of the party the
name, abbreviation, or symbol of which is to be used.
(2) No person or group of persons shall use the
name, abbreviation, or symbol of any political party, the
name, abbreviation, or symbol of which is filed with the
Department of State, in connection with any club group,
association or organization of any kind unless approval
and permission have been given in writing by the state
executive committee of such party. This subsection
shall not apply to county executive committees of such
Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES
parties and organizations which are chartered by the
national executive committee of the party the name,
abbreviation, or symbol of which is to be used or to
organizations using the name of any political party
which organizations have been in existence and orga-
nized on a statewide basis for a period of 10 years.
(3) A political party may file with the Department of
State names of groups or committees associated with
the political party. Such filed names may not be used
without first obtaining the written permission of the chair
of the state executive committee of the party.
History.—s. 6, ch. 6469 1913; RGS 304 CGL 360; s. 7, ch. 26870,1951; s. 26,
ch. 29934, 1955; s. 1, ch. 57-202; s. 1, ch. 61-424; s. 3, ch. 67-353; ss 10 35 ch
69-106; s. 32, ch. 77-175; s. 606, ch. 95-147; s. 35, ch. 2007-30.
Note. Former 8. 102.06.
103.091 Political parties.
(1) Each political party of the state shall be repre
sented by a state executive committee. County execu-
tive committees and other committees may be estab-
lished in accordance with the rules of the state executive
committee. A political party may provide for the selec-
tion of its national committee and its state and county
executive committees in such manner as it deems
proper. Unless otherwise provided by party rule, the
county executive committee of each political party shall
consist of at least two members, a man and a woman
from each precinct, who shall be called the precinct
committeeman and committeewoman. For counties
divided into 40 or more precincts, the state executive
committee may adopt a district unit of representation for
such county executive committees Upon adoption of a
district unit of representation, the state executive
committee shall request the supervisor of elections of
that county, with approval of the board of county
commissioners, to provide for election districts as nearly
equal in number of registered voters as possible. Each
county committeeman or committeewoman shall be a
resident of the precinct from which he or she is elected.
Each state committeeman or committeewoman must be
a member in good standing of the county executive
committee for the county in which the state committee-
man or committeewoman is a registered voter.
(2) The state executive committee of a political party
may by resolution provide a method of election of
national committeemen and national committeewomen
and of nomination of presidential electors, if such party
is entitled to a place on the ballot as otherwise provided
for presidential electors and may provide also for the
election of delegates and alternates to national con-
ventions.
(3) The state executive committee of each political
party shall file with the Department of State the names
and addresses of its chair, vice chair, secretary,
treasurer, and members and shall file a copy of its
constitution, bylaws and rules and regulations with the
Department of State. Each county executive committee
shall file with the state executive committee and with the
supervisor of elections the names and addresses of its
officers and members.
(4) Any political party other than a minor political
party may by rule provide for the membership of its state
or county executive committee to be elected for 4 -year
terms at the primary election in each year a presidential
82
F.S. 2010
election is held. The terms shall commence on the first
day of the month following each presidential general
election but the names of candidates for political party
offices shall not be placed on the ballot at any other
election. The results of such election shall be deter
mined by a plurality of the votes cast. In such event,
electors seeking to qualify for such office shall do so
with the Department of State or supervisor of elections
not earlier than noon of the 71st day, or later than noon
of the 67th day, preceding the primary election. The
outgoing chair of each county executive committee
shall, within 30 days after the committee members take
office, hold an organizational meeting of all newly
elected members for the purpose of electing officers.
The chair of each state executive committee shall
within 60 days after the committee members take office,
hold an organizational meeting of all newly elected
members for the purpose of electing officers
(5) In the event no county committeeman or com-
mitteewoman is elected, or a vacancy occurs from any
other cause in any county executive committee, the
county chair shall call a meeting of the county executive
committee by due notice to all members, and the
vacancy shall be filled by a majority vote of those
present at a meeting at which a quorum is present. Such
vacancy shall be filled by a qualified member of the
political party residing in the district where the vacancy
occurred and for the unexpired portion of the term.
(6)(a) In addition to the members provided for in
subsection (1) each county executive committee shall
include all members of the Legislature who are resi-
dents of the county and members of their respective
political party and who shall be known as at -large
committeemen and committeewomen.
(b) Each state executive committee shall include, as
at -large committeemen and committeewomen, all mem-
bers of the United States Congress representing the
State of Florida who are members of the political party
all statewide elected officials who are members of the
party, 10 Florida registered voters who are members of
the party as appointed by the Governor if the Governor
is a member of the party, and the President of the
Senate or the Minority Leader in the Senate, and the
Speaker of the House of Representatives or the Minority
Leader in the House of Representatives, whichever is a
member of the political party, and 20 members of the
Legislature who are members of the political party Ten
of the legislators shall be appointed with the concur-
rence of the state chair of the respective party, as
follows: five to be appointed by the President of the
Senate; five by the Minority Leader in the Senate; five by
the Speaker of the House of Representatives; and five
by the Minority Leader in the House.
(c) When a political party allows any member of the
state executive committee to have more than one vote
per person, other than by proxy in a matter coming
before the state executive committee, the 20 members
of the Legislature appointed under paragraph (b) shall
not be appointed to the state executive committee and
the following elected officials who are members of that
political party shall be appointed and shall have the
following votes:
F.S. 2010
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
1. Governor: a number equal to 15 percent of votes
cast by state executive committeemen and committee-
women,
2. Lieutenant Governor: a number equal to 5
percent of the votes cast by state executive committee-
men and committeewomen,
3. Each member of the United States Senate
representing the state: a number equal to 10 percent
of the votes cast by state executive committeemen and
committeewomen,
4. Attorney General: a number equal to 5 percent of
the votes cast by state executive committeemen and
committeewomen,
5. Chief Financial Officer: a number equal to 5
percent of the votes cast by state executive committee-
men and committeewomen,
6. Commissioner of Agriculture: a number equal to
5 percent of the votes cast by state executive commit-
teemen and committeewomen,
7. President of the Senate: a number equal to 10
percent of the votes cast by state executive committee-
men and committeewomen,
8. Minority leader of the Senate: a number equal to
10 percent of the votes cast by state executive
committeemen and committeewomen,
9. Speaker of the House of Representatives: a
number equal to 10 percent of the votes cast by state
executive committeemen and committeewomen,
10. Minority leader of the House of Representatives:
a number equal to 10 percent of the votes cast by state
executive committeemen and committeewomen, and
11. Each member of the United States House of
Representatives representing the state: a number equal
to 1 percent of the votes cast by state executive
committeemen and committeewomen.
(d)1. The governing body of each state executive
committee as defined by party rule shall include as at -
large committeemen and committeewomen all state-
wide elected officials who are members of such political
party; up to four members of the United States Con-
gress representing the state who are members of such
political party and who shall be appointed by the state
chair on the basis of geographic representation; the
permanent presiding officer selected by the members of
each house of the Legislature who are members of such
political party; and the minority leader selected by the
members of each house of the Legislature who are
members of such political party
2 All members of the governing body shall have
one vote per person.
(7) Members of the state executive committee or
governing body may vote by proxy.
(8) The conducting of official business in connection
with one's public office constitutes good and sufficient
reason for failure to attend county or state executive
committee meetings or a meeting of the governing
body.
History. -ss. 1, 2, 2A, ch. 22039, 1943; ss 1, 2, 3, ch. 22678, 1945; s. 7, ch.
26870,1951; s. 32, ch. 77-175; s.1, ch. 78-1; s. 22, ch. 79-164; s. 3, ch. 81-312; s.
12, ch. 82-143; s. 3, ch. 83-242; s. 33, ch. 84-302; s. 17, ch. 87-363; s. 607, ch.
95-147; s. 2, ch. 95-197; s. 110, ch. 2003-261; s. 20, ch. 2005-286; s. 36, ch.
2007-30.
Note.—Former s. 102.71.
103.101 Presidential preference primary.—
(1) Each political party other than a minor political
party shall, on the last Tuesday in January in each year
the number of which is a multiple of 4, elect one person
to be the candidate for nomination of such party for
President of the United States or select delegates to the
national nominating convention, as provided by party
rule.
(2)(a) There shall be a Presidential Candidate Se-
lection Committee composed of the Secretary of State,
who shall be a nonvoting chair the Speaker of the
House of Representatives; the President of the Senate;
the minority leader of each house of the Legislature; and
the chair of each political party required to have a
presidential preference primary under this section.
(b) By October 31 of the year preceding the
presidential preference primary, each political party
shall submit to the Secretary of State a list of its
presidential candidates to be placed on the presidential
preference primary ballot or candidates entitled to have
delegates appear on the presidential preference pri-
mary ballot The Secretary of State shall prepare and
publish a list of the names of the presidential candidates
submitted. The Secretary of State shall submit such list
of names of presidential candidates to the selection
committee on the first Tuesday after the first Monday in
November of the year preceding the presidential pre-
ference primary. Each person designated as a pre-
sidential candidate shall have his or her name appear,
or have his or her delegates' names appear, on the
presidential preference primary ballot unless all com-
mittee members of the same political party as the
candidate agree to delete such candidate s name from
the ballot.
(c) The selection committee shall meet in Tallahas-
see on the first Tuesday after the first Monday in
November of the year preceding the presidential pre-
ference primary. The selection committee shall publicly
announce and submit to the Department of State no
later than 5 p.m. on the following day the names of
presidential candidates who shall have their names
appear or who are entitled to have their delegates'
names appear, on the presidential preference primary
ballot The Department of State shall immediately notify
each presidential candidate designated by the commit-
tee. Such notification shall be in writing, by registered
mail with return receipt requested.
(3) A candidate's name shall be printed on the
presidential preference primary ballot unless the candi-
date submits to the Department of State pnor to the
second Tuesday after the first Monday in November of
the year preceding the presidential preference pnmary
an affidavit stating that he or she is not now, and does
not presently intend to become, a candidate for
President at the upcoming nominating convention. If a
candidate withdraws pursuant to this subsection, the
Department of State shall notify the state executive
committee that the candidate's name will not be placed
on the ballot The Department of State shall, no later
than the third Tuesday after the first Monday in
November of the year preceding the presidential pre-
ference primary, certify to each supervisor of elections
83
Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES
the name of each candidate for political party nomina-
tion to be printed on the ballot.
(4) The names of candidates for political party
nominations for President of the United States shall
be printed on official ballots for the presidential pre
ference primary election and shall be marked, counted
canvassed, returned and proclaimed in the same
manner and under the same conditions, so far as
they are applicable, as in other state elections. If
party rule requires the delegates' names to be printed
on the official presidential preference primary ballot, the
name of the presidential candidates for that political
party may not be printed separately, but the ballot may
reflect the presidential candidate to whom the delegate
is pledged If, however, a political party has only one
presidential candidate, neither the name of the candi-
date nor the names of the candidate's delegates shall
be printed on the ballot.
(5) The state executive committee of each party, by
rule adopted at least 120 days prior to the presidential
preference primary election shall determine the num
ber and establish procedures to be followed in the
selection, of delegates and delegate alternates from
among each candidate's supporters. A copy of any rule
adopted by the executive committee shall be filed with
the Department of State within 7 days after its adoption
and shall become a public record. The Department of
State shall review the procedures and shall notify the
state executive committee of each political party of any
ballot limitations. The Department of State may pro-
mulgate rules for the orderly conduct of the presidential
preference primary ballot
(6) Delegates must qualify no later than the second
Friday in November of the year preceding the presi-
dential preference primary in the manner provided by
party rule.
(7) All delegates shall be allocated as provided by
party rule.
(8) All names of candidates or delegates shall be
listed as directed by the Department of State.
History. -s. 3, oh 6469,1913; RGS 301; CGL357; ss 1, 2, 3, ch. 22058,1943;
s. 1, ch. 22729, 1945 s. 1, ch. 25235, 1949; s. 7, ch. 26870, 1951; s. 1, ch. 29947,
1955; s. 4, ch. 67-353a ss 10, 35, ch. 69-106; s. 2, ch. 71-236; s. 2, ch. 75-246; s. 1,
ch. 77-174; s. 32, ch. 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32,
ch. 89-338; s. 15, ch. 91-45; s. 608, ch. 95-147; s. 28, ch. 2001-40; s. 3, ch. 2007-30;
s. 27, ch. 2008-95.
Note. -Former ss. 102.03, 102.72.
103.121 Powers and duties of executive com-
mittees.
(1)(a) Each state and county executive committee of
a political party shall have the power and duty
1. To adopt a constitution by two-thirds vote of the
full committee.
2. To adopt such bylaws as it may deem necessary
by majority vote of the full committee.
3. To conduct its meetings according to generally
accepted parliamentary practice.
4. To make party nomination when required by law.
5. To conduct campaigns for party nominees.
6. To raise and expend party funds Such funds
may not be expended or committed to be expended
except after written authorization by the chair of the
state or county executive committee.
84
F.S. 2010
(b) The county executive committee shall receive
payment of assessments upon candidates to be voted
for in a single county except state senators and
members of the House of Representatives and repre-
sentatives to the Congress of the United States; and the
state executive committees shall receive all other
assessments authorized. All party assessments shall
be 2 percent of the annual salary of the office sought by
the respective candidate. All such committee assess-
ments shall be remitted to the state executive commit-
tee of the appropriate party and distributed in accor-
dance with subsection (5).
(2) The chair and treasurer of an executive commit-
tee of any political party shall be accountable for the
funds of such committee and jointly liable for their
proper expenditure for authorized purposes only. The
funds of each such state executive committee shall be
publicly audited at the end of each calendar year and a
copy of such audit furnished to the Department of State
for its examination prior to April 1 of the ensuing year.
When filed with the Department of State, copies of such
audit shall be public documents. The treasurer of each
county executive committee shall maintain adequate
records evidencing receipt and disbursement of all party
funds received by him or her and such records shall be
publicly audited at the end of each calendar year and a
copy of such audit filed with the supervisor of elections
and the state executive committee prior to April 1 of the
ensuing year.
(3) Any chair or treasurer of a state or county
executive committee of any political party who know-
ingly misappropriates, or makes an unlawful expendi-
ture of or a false or improper accounting for, the funds
of such committee is guilty of a felony of the third
degree, punishable as provided in s. 775.082 s
775.083 or s. 775 084.
(4) The central committee or other equivalent gov-
erning body of each state executive committee shall
adopt a rule which governs the time and manner in
which the respective county executive committees of
such party may endorse, certify screen, or otherwise
recommend one or more candidates for such party's
nomination for election. Upon adoption, such rule shall
provide the exclusive method by which a county
committee may so endorse, certify, screen, or otherwise
recommend. No later than the date on which qualifying
for public office begins pursuant to s. 99 061, the chair
of each county executive committee shall notify in
writing the supervisor of elections of his or her county
whether the county executive committee has endorsed
or intends to endorse, certify, screen, or otherwise
recommend candidates for nomination pursuant to party
rule. A copy of such notification shall be provided to the
Secretary of State and to the chair of the appropriate
state executive committee.
(5) The state chair of each state executive commit-
tee shall return the 2 -percent committee assessment for
county candidates to the appropriate county executive
committees only upon receipt of a written statement that
such county executive committee chooses not to
endorse, certify, screen, or otherwise recommend one
or more candidates for such party's nomination for
election and upon the state chair's determination that
F.S. 2010
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
the county executive committee is in compliance with all
Florida statutes and all state party rules, bylaws
constitutions, and requirements.
History. -ss. 20, 21, 23, 28, ch. 6469,1913; RGS 324, 325, 327, 332; CGL 381,
382, 384, 389; s.1, ch. 25389, 1949; s. 9, ch. 26329,1949; s. 7, ch.26870,1951; s.
41, ch. 28156,1953; s. 2, ch. 29935, 1955; s.itch. 57-743; s.1, ch. 61-157; s.1, ch.
63-97; ss 6, 7, 8, ch. 67'353; ss. 10, 35, ch. 69-106; s. 26, ch. 77-104; s. 32, ch.
77-175; s. 50, ch. 79.400;.s. 1, ch. 82-160; s. 25, ch. 83-217; s. 2, ch. 83-242; s. 1,
ch. 89-256; s. 609, ch. 95-147; s. 64, ch. 2005-277.
Note. -Former ss. 102.27, 102.28, 102.30, 102.35.
103.131 Political party offices deemed vacant in
certain cases -Every political party office shall be
deemed vacant in the following cases:
(1) By the death of the incumbent.
(2) By his or her resignation.
(3) By his or her removal.
(4) By his or her ceasing to be an inhabitant of the
state, district, or precinct for which he or she shall have
been elected or appointed.
(5) By his or her refusal to accept the office.
(6) The conviction of the incumbent of any felony.
(7) The decision of a competent tribunal declaring
void his or her election or appointment and his or her
removal by said tribunal.
(8) By his or her failure to attend, without good and
sufficient reason, three consecutive meetings, regular
or called, of the committee of which he or she is a
member
History, -s. 1, ch. 59.68; s. 1 ch. 61-122; s. 9, ch. 67-353, s. 610, ch. 95-147.
103.141 Removal of county executive commit-
tee member for violation of oath. -
(1) Where the county executive committee by at
least a two-thirds majority vote of the members of the
committee, attending a meeting held after due notice
has been given and at which meeting a quorum is
present, determines an incumbent county executive
committee member to be guilty of an offense involving a
violation of the member's oath of office, said member so
violating his or her oath shall be removed from office and
the office shall be deemed vacant. Provided, however, if
the county committee wrongfully removes a county
committee member and the committee member so
wrongfully removed files suit in the circuit court alleging
his or her removal was wrongful and wins said suit the
committee member shall be restored to office and the
county committee shall pay the costs incurred by the
85
wrongfully removed committee member in bringing the
suit, including reasonable attorney's fees.
(2) Any officer, county committeeman, county com-
mitteewoman, precinct committeeman, precinct com-
mitteewoman, or member of a county executive com-
mittee may be removed from office pursuant to s.
103.161.
History -s. 10, ch. 67-353; s. 611, ch. 95-147; s. 37, ch. 2007-30.
103.161 Removal or suspension of officers or
members of state executive committee or county
executive committee. -
(1) The chair of the state executive committee is
empowered to remove or suspend from an office within
the chair's political party any officer, state committee-
man, state committeewoman, county committeeman,
county committeewoman, precinct committeeman pre-
cinct committeewoman, or other member of a state
executive committee, county executive committee,
political party club, or other organization using the
political party name as provided in s. 103.081 for a
violation of the oath of office taken by such individual or
for engaging in other activities described in this section.
(2) Such violation may include engaging in activities
that have or could have injured the name or status of the
political party or interfered with the activities of the
political party The chair has sole discretion to determine
if a violation occurred.
(3) Upon the chair's determination that a violation of
the oath of office occurred or that an individual engaged
in other activities described in this section, the chair may
remove or suspend the individual from his or her office.
If the chair removes the individual from office the office
shall be deemed vacant upon the delivery of the chair's
written order of removal to the individual. When a
vacancy in office is created the chair shall appoint an
individual to serve through the end of the term of the
office. If the chair suspends the individual the chair shall
determine the length of the suspension
(4) An individual removed from office by the chair
shall not be eligible to serve on the state executive
committee or any county executive committee of the
political party for a period of no less than 4 years from
the effective date of the removal.
History. -s. 39, ch. 2007 30.
Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES
CHAPTER 104
ELECTION CODE: VIOLATIONS; PENALTIES
104.011
104.012
104.013
104.031
104.041
104.045
104.047
104.051
104.0515
104.061
104.0615
104.0616
104.071
104.081
104.091
104.101
104.11
104.13
104.15
104.16
104.17
104.18
104.185
104.19
104.20
104.21
104.22
104.23
104 24
104 26
104 271
104 29
104.30
104.31
104.32
False swearing; submission of false voter
registration information.
Consideration for registration; interference
with registration; soliciting registrations
for compensation; alteration of registra-
tion application.
Unauthorized use, possession, or destruc-
tion of voter information card
False declaration to secure assistance in
preparing ballot.
Fraud in connection with casting vote.
Vote selling.
Absentee ballots and voting; violations.
Violations; neglect of duty corrupt prac-
tices.
Voting rights; deprivation of, or interference
with, prohibited; penalty
Corruptly influencing voting.
Voter intimidation or suppression prohib-
ited; criminal penalties
Absentee ballots and voting; violations.
Remuneration by candidate for services,
support, etc.* penalty.
Threats of employers to control votes of
employees.
Aiding, abetting, advising, or conspiring in
violation of the code.
Failure to assist officers at polls.
Neglect of duty by sheriff or other officer.
Intermingling ballots
Unqualified electors willfully voting.
Voting fraudulent ballot
Voting hi person after casting absentee
ballot
Casting more than one ballot at any elec-
tion.
Petitions; knowingly signing more than
once; signing another person's name or
a fictitious name
Using stickers or rubber stamps or carrying
certain items in voting booth; penalty.
Ballot not to be seen, and other offenses.
Changing electors' ballots.
Stealing and destroying records, etc., of
election.
Disclosing how elector votes.
Penalty for assuming name.
Penalty for destroying ballot or booth, etc.
False or malicious charges against, or false
statements about, opposing candidates;
penalty.
Inspectors refusing to allow watchers while
ballots are counted.
Voting system; unlawful possession; tam-
pering.
Political activities of state county, and
municipal officers and employees.
Supervisor of elections; delivery of books to
successor
86
104.39
104.41
104.42
104.43
F.S. 2010
Witnesses as to violations.
Violations not otherwise provided for.
Fraudulent registration and illegal voting;
investigation.
Grand juries; special investigation.
104.011 False swearing; submission of false
voter registration information.—
(1) A person who willfully swears or affirms falsely to
any oath or affirmation or willfully procures another
person to swear or affirm falsely to an oath or affirma-
tion, in connection with or arising out of voting or
elections commits a felony of the third degree, punish-
able as provided in s. 775.082, s. 775.083, or s.
775.084.
(2) A person who willfully submits any false voter
registration information commits a felony of the third
degree, punishable as provided in s. 775.082 or s
775.083.
History.—s. 15, ch. 14715, 1931; CGL 1936 Supp. 8202(6); s. 8, ch. 26870,
1951; s. 19, ch. 71-136; s. 33, ch. 77-175; s. 38, ch. 94-224; s. 31, ch. 97-13.
104.012 Consideration for registration; interfer-
ence with registration; soliciting registrations for
compensation; alteration of registration applica-
tion.—
(1) Any person who gives anything of value that is
redeemable in cash to any person in consideration for
his or her becoming a registered voter commits a felony
of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775 084. This section shall
not be interpreted, however, to exclude such services
as transportation to the place of registration or baby-
sitting in connection with the absence of an elector from
home for registering.
(2) A person who by bribery, menace, threat, or
other corruption, directly or indirectly, influences, de-
ceives, or deters or attempts to influence deceive, or
deter any person in the free exercise of that person's
right to register to vote at any time, upon the first
conviction, commits a felony of the third degree
punishable as provided in s. 775 082, s. 775.083, or
s. 775.084, and, upon any subsequent conviction,
commits a felony of the second degree, punishable as
provided in s 775.082, s. 775.083, or s. 775.084.
(3) A person may not solicit or pay another person to
solicit voter registrations for compensation that is based
upon the number of registrations obtained. A person
who violates the provisions of this subsection commits a
felony of the third degree, punishable as provided in s.
775.082 s. 775.083 or s. 775.084.
(4) A person who alters the voter registration
application of any other person, without the other
person's knowledge and consent, commits a felony of
the third degree, punishable as provided in s. 775.082
s. 775.083, or s. 775.084.
History.—s. 1, ch.63-198; s. 20, ch. 71-136; s. 33, ch. 77-175; s. 39, ch. 94-224;
s. 1394, ch. 95-147; s. 32, ch. 97-13; s. 23, ch. 98-129
F.S. 2010
ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
104.013 Unauthorized use, possession, or de-
struction of voter information card. -
(1) It is unlawful for any person knowingly to have in
his or her possession any blank, forged, stolen,
fictitious, counterfeit, or unlawfully issued voter informa-
tion card unless possession by such person has been
duly authorized by the supervisor.
(2) It is unlawful for any person to barter, trade, sell,
or give away a voter information card unless said person
has been duly authorized to issue a voter information
card.
(3) It is unlawful for any person willfully to destroy or
deface the information card of a duly registered voter.
(4) Any person who violates any of the provisions of
this section commits a felony of the third degree,
punishable as provided in s. 775.082, s 775.083, or
s. 775.084.
History. -s 1, ch. 76-49; s. 1, ch. 77-174; s. 34, ch. 77-175; s. 3, ch. 91-224; s.
40, ch. 94-224; s. 1395, ch. 95-147; s. 24, ch. 98-129; s. 44, ch. 2005-278.
104.031 False declaration to secure assistance
in preparing ballot -Any person who makes a false
declaration for assistance in voting, or in the preparation
of his or her ballot, in any election is guilty of a
misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s. 775.083.
History. -s. 49, ch. 4328, 1895; GS 3829; RGS 5892; CGL 8156; s. 8, ch.
26870, 1951; s. 22, ch. 71-136; s. 35, ch. 77-175; s. 4, ch. 91-224; s. 613, ch.
95-147.
Note. -Former s. 99.31.
104.041 Fraud in connection with casting vote.
Any person perpetrating or attempting to perpetrate or
aid in the perpetration of any fraud in connection with
any vote cast, to be cast, or attempted to be cast, is
guilty of a felony of the third degree, punishable as
provided in s. 775.082 s. 775 083, or s. 775.084
History. -s. 4, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 8, ch. 26870 1951; s.
23, ch. 71-136; s. 35, ch. 77-175. - --
Note. -Formers. 101.14.
104.045 Vote selling. -Any person who:
(1) Corruptly offers to vote for or against, or to refrain
from voting for or against, any candidate in any election
in return for pecuniary or other benefit; or
(2) Accepts a pecuniary or other benefit in exchange
for a promise to vote for or against, or to refrain from
voting for or against, any candidate in any election,
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History. -s. 1, ch. 81-107; s. 25, ch 98.129.
104.047 Absentee ballots and voting• violations.
(1) Except as provided in s. 101.62 or s. 101.655,
any person who requests an absentee ballot on behalf
of an elector is guilty of a felony of the third degree
punishable as provided in s. 775.082, s. 775.083, or s
775.084.
(2) Any person who marks or designates a choice on
the ballot of another person, except as provided in s
101 0511s. 101.655, ors. 101.661, is guilty of a felony of
the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History. -s. 26, ch. 98-129; s. 34, ch. 99-2; s. 57, ch. 2001-40; s. 54, ch.
2005-278.
87
104.051 Violations; neglect of duty; corrupt
practices -
(1) Any official who willfully violates any of the
provisions of this election code shall be excluded from
the polls. Any election official who is excluded shall be
replaced as provided in this code.
(2) Any official who willfully refuses or willfully
neglects to perform his or her duties as prescribed by
this election code is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s
775.083.
(3) Any official who performs his or her duty as
prescribed by this election code fraudulently or corruptly
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any supervisor, deputy supervisor, or election
employee who attempts to influence or interfere with
any elector voting a ballot commits a felony of the third
degree, punishable as provided in s. 775 082 s
775.083, or s. 775 084.
History -s. 30, ch. 4328,1895; s. 10, ch. 4537, 1897; s. 16, ch. 14715, 1931; s.
4, ch 18407, 1937; GS 215, 3824; RGS 259, 5885; CGL 315, 8148; 1936 Supp.
8151(1); 1940 Supp. 7476(8); ss. 3-E, 4, 7, 8, ch. 22018, 1943; s. 8, ch. 26870,
1951 s. 42, ch. 28156, 1953; s. 24, ch. 71-136; s. 35, ch. 77-175; s. 21, ch. 90-315;
s. 614, ch. 95-147; s. 27, ch. 98-129.
104.0515 Voting rights; deprivation of, or inter-
ference with, prohibited, penalty. -
(1) AH citizens of this state who are otherwise
qualified by law to vote at any election by the people
in this state or in any district, county, city, town
municipality, school district, or other subdivision of
this state shall be entitled and allowed to vote at all
such elections without distinction according to race,
color, or previous condition of servitude, notwithstand-
ing any law, ordinance, regulation, custom, or usage to
the contrary.
(2) No person acting under color of law shall:
(a) In determining whether any individual is qualified
under law to vote in any election apply any standard
practice, or procedure different from the standards
practices, or procedures applied under law to other
individuals within the same political subdivision who
have been found to be qualified to vote; or
(b) Deny the right of any individual to vote in any
election because of an error or omission on any record
or paper relating to any application, registration, or other
act requisite to voting if such error or omission is not
material in determining whether such individual is
qualified under law to vote in such election. This
paragraph shall apply to absentee ballots only if there
is a pattern or history of discrimination on the basis of
race color, or previous condition of servitude in regard
to absentee ballots.
(3) No person whether acting under color of law or
otherwise, shall intimidate, threaten, or coerce or
attempt to intimidate, threaten or coerce, any other
person for the purpose of interfering with the right of
such other person to vote or not to vote as that person
may choose or for the purpose of causing such other
person to vote for, or not vote for, any candidate for any
office at any general, special or primary election held
solely or in part for the purpose of selecting or electing
any such candidate
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ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2010
(4) No voting qualification or prerequisite to voting,
and no standard practice, or procedure, shall be
imposed or applied by any political subdivision of this
state to deny or abridge the right of any citizen to vote on
account of race or color
(5) Any person who violates the provisions of this
section is guilty of a felony of the third degree, punish-
able as provided in s. 775.082 s. 775.083, or s.
775.084.
History—s. 1, ch. 82-59; s. 26, ch. 83-217; s. 5, ch. 91-224; s. 615, ch. 95-147;
s. 28, ch. 98-129.
104.061 Corruptly influencing voting.
(1) Whoever by bribery, menace, threat, or other
corruption whatsoever, either directly or indirectly,
attempts to influence, deceive, or deter any elector in
voting or interferes with him or her in the free exercise of
the elector's right to vote at any election commits a
felony of the third degree, punishable as provided in s.
775.082 s. 775.083, or s. 775.084 for the first convic-
tion, and a felony of the second degree, punishable as
provided in s. 775.082, s 775.083, ors. 775.084, for any
subsequent conviction.
(2) No person shall directly or indirectly give or
promise anything of value to another intending thereby
to buy that person s or another's vote or to corruptly
influence that person or another in casting his or her
vote. Any person who violates this subsection is guilty of
a felony of the third degree punishable as provided in s.
775.082, s 775.083, or s. 775.084. However, this
subsection shall not apply to the serving of food to be
consumed at a political rally or meeting or to any item of
nominal value which is used as a political advertise-
ment, including a campaign message designed to be
worn by a person.
History.—ss 1, 3, ch. 6470,1913; RGS 5918; CGL 8182; s. 1, ch.19617,1939;
s. 1, ch. 20934,1941; s. 7, ch. 22858,1945; s. 8, ch. 26870, 1951; s. 1, ch. 65-379; s.
25, ch. 71-136; s. 35, ch. 77-175; s. 51, ch. 79-400; s. 21, ch. 81-304; s. 22, ch.
90-315; s. 616, ch. 95-147; s. 29, ch. 98-129.
104.0615 Voter intimidation or suppression pro-
hibited; criminal penalties.—
(1) This section may be cited as the `Voter Protec-
tion Act."
(2) A person may not directly or indirectly use or
threaten to use force, violence, or intimidation or any
tactic of coercion or intimidation to induce or compel an
individual to:
(a) Vote or refrain from voting;
(b) Vote or refrain from voting for any particular
individual or ballot measure;
(c) Refrain from registering to vote or
(d) Refrain from acting as a legally authorized
election official or poll watcher.
(3) A person may not knowingly use false informa-
tion to:
(a) Challenge an individual's right to vote'
(b) Induce or attempt to induce an individual to
refrain from voting or registering to vote; or
(c) Induce or attempt to induce an individual to
refrain from acting as a legally authorized election
official or poll watcher.
(4) A person may not knowingly destroy, mutilate, or
deface a voter registration form or election ballot or
88
obstruct or delay the delivery of a voter registration form
or election ballot
(5) A person who violates subsection (2), subsection
(3), or subsection (4) commits a felony of the third
degree, punishable as provided in s. 775.082 s
775.083, or s. 775 084.
History.—s. 76, ch. 2005-277
104.0616 Absentee ballots and voting; viola-
tions. -Any person who provides or offers to provide,
and any person who accepts a pecuniary or other
benefit in exchange for distributing ordering, request-
ing, collecting delivering or otherwise physically pos-
sessing absentee ballots, with intent to alter, change,
modify, or erase any vote on the absentee ballot, except
as provided in ss. 101.6105-101.695, commits a felony
of the third degree punishable as provided in s.
775.082 s. 775.083, or s. 775.084.
History.—s. 53, ch. 2005-278.
104.071 Remuneration by candidate for ser-
vices, support etc.; penalty.—
(1) It is unlawful for any person supporting a
candidate, or for any candidate, in order to aid or
promote the nomination or election of such candidate in
any election, directly or indirectly to:
(a) Promise to appoint another person, promise to
secure or aid in securing appointment, nomination or
election of another person to any public or private
position, or to any position of honor trust, or emolument,
except one who has publicly announced or defined what
his or her choice or purpose in relation to any election in
which he or she may be called to take part, if elected.
(b) Give, or promise to give, pay, or loan any money
or other thing of value to the owner, editor, publisher, or
agent, of any communication media, as well as news-
papers, to advocate or oppose, through such media,
any candidate for nomination in any election or any
candidate for election, and no such owner, editor, or
agent shall give, solicit, or accept such payment or
reward It shall likewise be unlawful for any owner,
editor publisher, or agent of any poll -taking or poll -
publishing concern to advocate or oppose through such
poll any candidate for nomination in any election or any
candidate for election in return for the giving or
promising to give, pay or loan any money or other
thing of value to said owner, editor, publisher, or agent
of any poll -taking or poll -publishing concern.
(c) Give, pay expend, or contribute any money or
thing of value for the furtherance of the candidacy of any
other candidate.
(d) Furnish, give, or deliver to another person any
money or other thing of value for any purpose prohibited
by the election laws.
This subsection shall not prohibit a candidate from
furnishing complimentary tickets to the candidate's
campaign fund raiser to other candidates.
(2) A candidate may give his or her own personal or
business funds to another candidate, so long as the
contribution is not given in exchange for a promise or
expectation that the recipient will directly or indirectly do
anything to aid or promote the candidacy of the
F.S. 2010
ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
contributor which the recipient would not have otherwise
done.
(3) Any person who violates any provision of this
section is guilty of a felony of the third degree punish-
able as provided in s. 775.082 or s. 775.083, and from
and after conviction shall be disqualified to hold office.
History. -s, 8, ch. 26870, 1951; s. 2, ch. 65-379; s. 26, ch. 71-136 s. 35, ch.
77-175; s. 52, ch. 79.400; s. 33, ch. 89-338; s. 617, ch. 95-147.
104.081 Threats of employers to control votes of
employees. -It is unlawful for any person having one
or more persons in his or her service as employees to
discharge or threaten to discharge any employee in his
or her service for voting or not voting in any election,
state, county, or municipal, for any candidate or
measure submitted to a vote of the people. Any person
who violates the provisions of this section is guilty of a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History. -s, 8, ch. 26870, 1951; s. 27, ch. 71-136; s. 35, ch. 77-175; s. 618, ch.
95-147; s. 30, ch. 98-129.
104.091 Aiding, abetting, advising, or conspir-
ing in violation of the code
(1) Any person who knowingly aids, abets, or
advises the violation of this code shall be punished in
like manner as the principal offender.
(2) Any person who agrees, conspires, combines, or
confederates with another person to commit a violation
of this code shall be punished as if he or she had
committed the violation
(3) Any person who knows of a felony violation of
this code and gives any aid to the offenderwho has
violated this code, with intent that the offender avoid or
escape detection, arrest, trial or punishment, shall be
punished as if he or she had committed the violation.
This subsection does not prohibit a member of The
Florida Bar from giving legal advice to a client.
History -s, 8 ch. 26870, 1951 s. 1, ch. 67-164; s. 28, ch. 71-136; s. 35, ch.
77-175; s. 1, ch. 2002-214
104.101 Failure to assist officers at polls, Any
person summoned by the sheriff or deputy sheriff who
fails or refuses to assist him or her in maintaining the
peace at the polls is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s
775.083.
History. -s.27, ch. 3879, 1889; RS 181; s. 58, ch. 4328, 1895; GS 3834; RGS
5896; CGL 8160; s. 8, ch. 26870, 1951; s. 29, ch. 71-136; s. 35, ch. 77-175; s. 619,
ch. 95-147.
Note. -Former 5. 99.40.
104.11 Neglect of duty by sheriff or other officer.
Any sheriff, deputy sheriff, or other officer who willfully
neglects or willfully refuses to perform his or her duties
relating to elections is guilty of a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083.
History. -s. 8, ch. 26870,1951; s. 30, ch. 71-136; s. 35, ch, 77-175; s. 620, ch.
95-147.
104.13 Intermingling ballots. -Whoever willfully
places any ballot in the ballot box except as properly
voted by electors, or willfully intermingles any other
ballots which have not been duly received during the
election with the ballots which are voted by the electors,
89
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775,083, or s. 775.084.
History. -s. 8, ch. 26870, 1951; s. 3, ch. 65-379; s. 32, ch. 71-136; s. 35, ch.
77-175.
104.15 Unqualified electors willfully voting.
Whoever, knowing he or she is not a qualified elector,
willfully votes at any election is guilty of a felony of the
third degree, punishable as provided in s. 775.082 s.
775.083, or s. 775.084
History. -s. 8, ch. 26870, 1951; s. 5, oh. 65-379; s. 34, ch. 71-136; s. 35, ch.
77-175; s. 621, ch. 95-147.
104.16 Voting fraudulent ballot. -Any elector
who knowingly votes or attempts to vote a fraudulent
ballot, or any person who knowingly solicits, or at-
tempts, to vote a fraudulent ballot, is guilty of a felony of
the third degree, punishable as provided in s. 775.082
s. 775.083, or s. 775.084.
History -s. Mich. 4328, 1895; GS 221; s. 42, ch. 6469, 1913; RGS 266, 346,
5911; CGL 322, 403; 8175; s. 6, ch. 17898, 1937; s. 3, ch. 17901, 1937; s. 6, ch.
25187,1949; s. 4, ch. 25386,1949; s. 8, ch. 26870, 1951; s. 6, ch. 65-379; s. 35, ch.
71-136; s. 351 ch. 77-175.
Note. Former ss. 99.20, 102.41.
104.17 Voting in person after casting absentee
ballot. -Any person who willfully votes or attempts to
vote both in person and by absentee ballot at any
e lection is guilty of a felony of the third degree,
punishable as provided in s. 775 082, s. 775.083, or
s. 775.084.
History. -s 1, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 8, ch. 26870, 1951; s.
7, ch. 65-379, s. 36, ch. 71-136; s. 35, ch. 77-175.
Note. Former s. 101.11.
104.18 Casting more than one ballot at any
election. -Whoever willfully votes more than one ballot
at any election is guilty of a felony of the third degree
punishable as provided in s. 775.082, s. 775.083, or s
775.084.
History -s. 8, ch. 26870, 1951; s. 8, ch. 65.379; 8. 37, ch. 71-136; s. 35, ch.
77-175.
104.185 Petitions; knowingly signing more than
o nce signing another person's name or a fictitious
n ame. -
(1) A person who knowingly signs a petition or
petitions for a candidate, a minor political party, or an
issue more than one time commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(2) A person who signs another person's name or a
fictitious name to any petition to secure ballot position
for a candidate, a minor political party or an issue
commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History. -s. 1, ch. 77-178; s. 6, ch. 91-224; s. 23, ch. 97-13.
104.19 Using stickers or rubber stamps or
carrying certain items in voting booth; penalty. -
(1)(a) It is unlawful for any person casting a ballot at
any election to use stickers or rubber stamps or to carry
into a voting booth any mechanical device paper, or
memorandum which might be used to affect adversely
the normal election process.
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ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2010
(b) In casting a write-in ballot, the elector shall cast
the same in his or her own handwriting or in the
handwriting of an authorized person aiding him or her.
(2) Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
History. -s. 7, ch.25187,1949 s. 8, ch. 26870, 1951; s. 1, ch. 70-136; s. 39, ch.
71-136; s 35 ch 77-175; s. 16, ch. 81-105; s. 622, ch. 95-147.
Note. -Former s. 99.201.
104.20 Ballot not to be seen, and other offenses.
Any elector who, except as provided by law, allows his
or her ballot to be seen by any person; takes or
removes, or attempts to take or remove, any ballot
from the polling place before the close of the polls
places any mark on his or her ballot by which it may be
identified; endeavors to induce any elector to show how
he or she voted; aids or attempts to aid any elector
unlawfully, or prints or procures to be printed, or has in
his or her possession, any copies of any ballot prepared
to be voted is guilty of a misdemeanor of the first degree
punishable as provided in s. 775.082 or s. 775.083.
History. -s. 55, ch 4328, 1895; s. 2, ch.4536,1897; GS 3835; RGS 5897; CGL
8161; s. 8, ch. 26870,1951; s. 40, ch. 71-136; s. 35, ch. 77-175; s. 623, ch. 95-147;
s. 19, ch. 2002-281.
Note. -Former s. 99.34.
104.21 Changing electors' ballots. Whoever
fraudulently changes or attempts to change the vote
or ballot of any elector, by which actions such elector is
prevented from voting such ballot or from voting such
ballot as the elector intended is guilty of a felony of the
third degree, punishable as provided in s. 775.082 s.
775 083, or s. 775.084
History. -s. 8, ch. 26870, 1951; s. 10, ch. 65-379; s. 41, ch. 71-136; s. 35, ch.
77-175; s. 624, ch. 95-147.
104.22 Stealing and destroying records, etc , of
election. -Any person who is guilty of stealing, willfully
and wrongfully breaking, destroying mutilating, defa-
cing, or unlawfully moving or securing and detaining the
whole or any part of any ballot box or any record tally
sheet or copy thereof, returns, or any other paper or
document provided for, or who fraudulently makes any
entry or alteration therein except as provided by law, or
who permits any other person so to do, is guilty of a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History. -s. 8, ch. 26870, 1951; s. 11, ch. 65-379; s. 42, ch. 71-136; s. 35, ch.
77-175.
104.23 Disclosing how elector votes. -Any elec-
tion official or person assisting any elector who willfully
discloses how any elector voted, except upon trial in
court, is guilty of a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
History. -s. 8, ch. 26870, 1951; s. 12, ch. 65-379; s. 43, ch. 71-136; s. 35 ch.
77-175.
104.24 Penalty for assuming name. -A person
may not, in connection with any part of the election
process fraudulently call himself or herself or fraudu-
lently pass by, any other name than the name by which
the person is registered or fraudulently use the name of
another in voting. Any person who violates this section
90
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History. -s. 57, ch. 6469, 1913; ROS 360, 5913; CGL 417, 8177; s. 4, ch.
22014, 19436s. 1, ch. 25385, 1949; s. 8, ch. 26870, 1951; s. 13, ch. 65-379; s. 44,
ch. 71-136; s. 35, ch. 77-175; s. 625, ch. 95-147; s. 31, ch. 98-129.
Note. -Former ss 101.14, 102.53.
104.26 Penalty for destroying ballot or booth,
etc. -Any person who wrongfully, during or before an
election, removes, tears down destroys, or defaces any
ballot, booth, compartment, or other convenience
provided for the purpose of enabling the elector to
prepare his or her ballot, or any card for the instruction of
the voter, is guilty of a misdemeanor of the first degree
punishable as provided in s. 775.082 or s. 775.083.
History. -s. 8, ch. 26870,1951; s. 46, ch. 71-136; s. 35, ch. 77-175; s. 626, ch.
95-147.
104.271 False or malicious charges against, or
false statements about, opposing candidates; pen-
alty.-
(1) Any candidate who, in a primary election or other
election, willfully charges an opposing candidate parti-
cipating in such election with a violation of any provision
of this code, which charge is known by the candidate
making such charge to be false or malicious, is guilty of
a felony of the third degree punishable as provided in s
775 082 or s. 775.083 and, in addition, after conviction
shall be disqualified to hold office
(2) Any candidate who in a primary election or other
election, with actual malice makes or causes to be made
any statement about an opposing candidate which is
false is guilty of a violation of this code An aggrieved
candidate may file a complaint with the Florida Elections
Commission pursuant to s. 106 25. The commission
shall adopt rules to provide an expedited hearing of
complaints filed under this subsection. Notwithstanding
any other provision of law, the commission shall assess
a civil penalty of up to $5 000 against any candidate
found in violation of this subsection, which shall be
deposited to the account of the General Revenue Fund
of the state.
History. -s. 44, ch. 28156, 1953; s. 48, ch. 71-136; s. 27, ch. 77-104; s. 35, ch.
77-175; s. 1, ch. 85-210; s. 627, ch. 95-147; s. 44, ch. 97-13.
104.29 Inspectors refusing to allow watchers
while ballots are counted. -The inspectors or other
election officials shall, at all times while the ballots are
being counted, allow as many as three persons near to
them to see whether the ballots are being correctly read
and called and the votes correctly tallied, and any official
who denies this privilege or interferes therewith is guilty
of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
History. -s. 8, ch. 26870, 1951; s. 51, ch. 71-136; s. 35, ch. 77-175; s. 53, ch.
79-400.
104.30 Voting system; unlawful possession;
tampering. -
(1) Any unauthorized person who unlawfully has
possession of any voting system, components, or key
thereof is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who tampers or attempts to tamper
with or destroy any voting system or equipment with the
intention of interfering with the election process or the
F.S. 2010
ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
results thereof is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History -s. 26, ch. 13893, 1929; CGL 1936 Supp. 8202(1); s. 8, ch. 26870,
1951; s. 17 ch. 65-379; s. 52, ch. 71-136; s. 35, ch. 77-175; s. 29, ch. 2001-40.
Note. -Former s. 100.28.
104.31 Political activities of state, county, and
municipal officers and employees. -
(1) No officer or employee of the state, or of any
county or municipality thereof, except as hereinafter
exempted from provisions hereof, shall:
(a) Use his or her official authority or influence for
the purpose of interfering with an election or a nomina-
tion of office or coercing or influencing another person's
vote or affecting the result thereof.
(b) Directly or indirectly coerce or attempt to coerce,
command, or advise any other officer or employee to
pay, lend, or contribute any part of his or her salary, or
any money, or anything else of value to any party,
committee, organization agency, or person for political
purposes. Nothing in this paragraph or in any county or
municipal charter or ordinance shall prohibit an employ-
ee from suggesting to another employee in a noncoer-
cive manner that he or she may voluntarily contribute to
a fund which is administered by a party, committee,
organization, agency, person, labor union or other
employee organization for political purposes.
(c) Directly or indirectly coerce or attempt to coerce,
command, and advise any such officer or employee as
to where he or she might purchase commodities or to
interfere in any other way with the personal right of said
officer or employee.
The provisions of this section shall not be construed so
as to prevent any person from becoming a candidate for
and actively campaigning for any elective office in this
state. All such persons shall retain the right to vote as
they may choose and to express their opinions on all
political subjects and candidates. The provisions of
paragraph (a) shall not be construed so as to limit the
political activity in a general, special, primary bond,
referendum, or other election of any kind or nature, of
elected officials or candidates for public office in the
state or of any county or municipality thereof; and the
provisions of paragraph (a) shall not be construed so as
to limit the political activity in general or special elections
of the officials appointed as the heads or directors of
state administrative agencies, boards commissions, or
committees or of the members of state boards, commis-
sions, or committees, whether they be salaried, non -
salaried, or reimbursed for expense. In the event of a
dual capacity of any member of a state board, commis-
sion or committee, any restrictive provisions applicable
to either capacity shall apply. The provisions of para-
graph (a) shall not be construed so as to limit the
political activity in a general, special, primary, bond,
referendum or other election of any kind or nature of the
Governor, the elected members of the Governor's
Cabinet, or the members of the Legislature. The
provisions of paragraphs (b) and (c) shall apply to all
officers and employees of the state or of any county or
municipality thereof, whether elected, appointed or
otherwise employed, or whether the activity shall be
91
in connection with a primary, general, special, bond,
referendum, or other election of any kind or nature.
(2) An employee of the state or any political sub-
division may not participate in any political campaign for
an elective office while on duty.
(3) Any person violating the provisions of this
section is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(4) Nothing contained in this section or in any county
or municipal charter shall be deemed to prohibit any
public employee from expressing his or her opinions on
any candidate or issue or from participating in any
political campaign during the employee's off-duty hours,
so long as such activities are not in conflict with the
provisions of subsection (1) or s. 110.233.
History. -s. 8, ch. 26870, 1951; s. 7, ch. 29615, 1955; s. 5, ch. 29936, 1955; s.
1, ch. 59-208; s. 18, ch. 65-379; s. 53, ch. 71-136; ss. 1, 2, ch. 74.13; 6. 1, ch.
75-261; s. 30, ch. 79-190; s. 1, ch. 80-207; s. 628, ch. 95-147; s. 1, ch. 2006-275.
104.32 Supervisor of elections; delivery of
books to successor. Any supervisor of elections
who willfully fails or refuses promptly to comply with
the demand of his or her successor for the delivery of
registration books, papers, and blanks connected with
his or her office is guilty of a misdemeanor of the first
degree, punishable as provided in s, 775.082 or s
775.083.
History. -s. 8, ch. 3879, 1889; RS 2779; s. 9, ch. 4328, 1895; GS 3820; RGS
5881; CGL 8144; s. 8, ch. 26870, 1951; s. 2, ch. 65-60; s. 54, ch. 71-136; s. 35, ch.
77-175; s. 629, ch. 95-147.
Note. -Former s. 98.21.
104.39 Witnesses as to violations. Any person
who violates any provision of this code shall be a
competent witness against any other person so violating
and may be compelled to attend and testify as any other
person. The testimony given shall not be used in any
prosecution or criminal proceeding against the person
so testifying, except in a prosecution for perjury.
History -s. 8, ch. 26870 1951; s. 35, ch. 77-175.
104.41 Violations not otherwise provided for.
Any violation of this code not otherwise provided for is a
misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s. 775.083.
History. -s. 8, ch. 26870, 1951; s. 61, ch. 71-136; s. 35, ch. 77-175.
104.42 Fraudulent registration and illegal vot-
ing investigation
(1) The supervisor of elections is authorized to
investigate fraudulent registrations and illegal voting
and to report his or her findings to the local state
attorney and the Florida Elections Commission.
(2) The board of county commissioners in any
county may appropriate funds to the supervisor of
elections for the purpose of investigating fraudulent
registrations and illegal voting.
History -ss. 12, 14, ch. 17899, 1937; CGL 1940 Supp. 369(4); s. 8, ch. 26870,
1951; s. 35 ch. 77-175; s. 32, ch. 98-129,
Note. Former s. 100.40.
104.43 Grand juries; special investigation. -The
grand jury in any circuit shall, upon the request of any
candidate or qualified voter make a special investiga-
tion when it convenes during a campaign preceding any
election day to determine whether there is any violation
Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2010
of the provisions of this code, and shall return indict-
ments when sufficient ground is found.
History.—s. 8, ch. 26870, 1951; s. 35, ch. 77 175.
92
F.S. 2010
105.011
105.031
105 035
105.036
105.041
105.051
105.061
105.071
105.08
105.09
105.10
105.101
105.102
NONPARTISAN ELECTIONS
CHAPTER 105
NONPARTISAN ELECTIONS
Definitions.
Qualification; filing fee; candidate's oath;
items required to be filed.
Petition process of qualifying for certain
judicial offices and the office of school
board member.
Initiative for method of selection for circuit or
county court judges; procedures for place-
ment on ballot.
Form of ballot
Determination of election or retention to
office.
Electors qualified to vote.
Candidates for judicial office; limitations on
political activity.
Campaign contribution and expense; report-
ing.
Political activity in behalf of a candidate for
judicial office limited.
Applicability of election code.
Effect of revision of county court judge
selection method.
Effect of revision of circuit court judge
selection method,
105.011 Definitions.—
(1) As used in this chapter, the term "judicial office"
includes the office of:
(a) Justice of the Supreme Court.
(b) Judge of a district court of appeal.
(c) Judge of a circuit court
(d) County court judge.
(2) A judicial office is a nonpartisan office, and a
candidate for election or retention thereto is prohibited
from campaigning or qualifying for such an office based
on party affiliation.
History.—s 1, ch 71-49; s. 1, ch. 72-310; s. 36, ch. 77-175.
105.031 Qualification; filing fee; candidate's
oath; items required to be filed.—
(1) TIME OF QUALIFYING.—Except for candidates
for judicial office nonpartisan candidates for multi -
county office shall qualify with the Division of Elections
of the Department of State and nonpartisan candidates
for countywide or less than countywide office shall
qualify with the supervisor of elections. Candidates for
judicial office other than the office of county court judge
shall qualify with the Division of Elections of the
Department of State and candidates for the office of
county court judge shall qualify with the supervisor of
elections of the county. Candidates for judicial office
shall qualify no earlier than noon of the 120th day, and
no later than noon of the 116th day, before the primary
election. Candidates for the office of school board
member shall qualify no earlier than noon of the 71st
day, and no later than noon of the 67th day, before the
primary election Filing shall be on forms provided for
that purpose by the Division of Elections and furnished
by the appropriate qualifying officer Any person other
93
Ch. 105
than a write-in candidate who qualifies within the time
prescribed in this subsection shall be entitled to have his
or her name printed on the ballot
(2) FILING IN GROUPS OR DISTRICTS.—Candi-
dates shall qualify in groups or districts where multiple
offices are to be filled.
(3) QUALIFYING FEE.—Each candidate qualifying
for election to a judicial office or the office of school
board member, except write-in judicial or school board
candidates, shall, during the time for qualifying, pay to
the officer with whom he or she qualifies a qualifying fee,
which shall consist of a filing fee and an election
assessment, or qualify by the petition process. The
amount of the filing fee is 3 percent of the annual salary
of the office sought. The amount of the election
assessment is 1 percent of the annual salary of the
office sought. The Department of State shall transfer all
filing fees to the Department of Legal Affairs for deposit
in the Elections Commission Trust Fund The supervisor
of elections shall forward all filing fees to the Elections
Commission Trust Fund. The election assessment shall
be deposited into the Elections Commission Trust Fund.
The annual salary of the office for purposes of comput-
ing the qualifying fee shall be computed by multiplying
12 times the monthly salary authorized for such office as
of July 1 immediately preceding the first day of
qualifying. This subsection does not apply to candidates
qualifying for retention to judicial office,
(4) CANDIDATE'S OATH.—
(a) All candidates for the office of school board
member shall subscribe to the oath as prescribed in s
99.021.
(b) All candidates for judicial office shall subscribe to
an oath or affirmation in writing to be filed with the
appropriate qualifying officer upon qualifying. A printed
copy of the oath or affirmation shall be furnished to the
candidate by the qualifying officer and shall be in
substantially the following form:
State of Florida
County of ___
Before me, an officer authorized to administer oaths,
personally appeared (please print name as you wish it to appear on the
ballot) , to me well known, who, being sworn, says he or
she: is a candidate for the judicial office of ____; that his
or her legal residence is _ County Florida; that he or
she is a qualified elector of the state and of the territorial
jurisdiction of the court to which he or she seeks
election; that he or she is qualified under the constitution
and laws of Florida to hold the judicial office to which he
or she desires to be elected or in which he or she
desires to be retained; that he or she has taken the oath
required by ss. 876.05-876 10, Florida Statutes that he
or she has qualified for no other public office in the state,
the term of which office or any part thereof runs
concurrent to the office he or she seeks; and that he
or she has resigned from any office which he or she is
required to resign pursuant to s. 99 012, Florida
Statutes.
Ch. 105 NONPARTISAN ELECTIONS F.S. 2010
(Signature of candidate)
(Address)
Sworn to and subscribed before me this day of
(year) , at County Florida.
(Signature and title of officer administerina oath)
(5) ITEMS REQUIRED TO BE FILED
(a) In order for a candidate for judicial office or the
office of school board member to be qualified, the
following items must be received by the filing officer by
the end of the qualifying period:
1. Except for candidates for retention to judicial
office, a properly executed check drawn upon the
candidate's campaign account in an amount not less
than the fee required by subsection (3) or, in lieu
thereof, the copy of the notice of obtaining ballot position
pursuant to s. 105.035 If a candidate's check is
returned by the bank for any reason, the filing officer
shall immediately notify the candidate and the candidate
shall, the end of qualifying notwithstanding, have 48
hours from the time such notification is received,
excluding Saturdays, Sundays, and legal holidays, to
pay the fee with a cashier's check purchased from funds
of the campaign account. Failure to pay the fee as
provided in this subparagraph shall disqualify the
candidate.
2. The candidate's oath required by subsection (4),
which must contain the name of the candidate as it is to
appear on the ballot; the office sought including the
district or group number if applicable; and the signature
of the candidate, duly acknowledged.
3. The loyalty oath required by s. 876.05, signed by
the candidate and duly acknowledged.
4. The completed form for the appointment of
campaign treasurer and designation of campaign de
pository as required by s. 106.021. In addition, each
candidate for judicial office including an incumbent
judge, shall file a statement with the qualifying officer
within 10 days after filing the appointment of campaign
treasurer and designation of campaign depository,
stating that the candidate has read and understands
the requirements of the Florida Code of Judicial
Conduct. Such statement shall be in substantially the
following form:
Statement of Candidate for Judicial Office
I, (name of candidate) , a judicial candidate, have received,
read, and understand the requirements of the Florida
Code of Judicial Conduct.
(Sianature of candidate)
(Date)
5. The full and public disclosure of financial inter-
ests required by s. 8, Art. II of the State Constitution or
the statement of financial interests required by s.
112.3145, whichever is applicable. A public officer
who has filed the full and public disclosure or statement
of financial interests with the Commission on Ethics or
the supervisor of elections prior to qualifying for office
may file a copy of that disclosure at the time of
qualifying.
94
(b) If the filing officer receives qualifying papers that
do not include all items as required by paragraph (a)
prior to the last day of qualifying, the filing officer shall
make a reasonable effort to notify the candidate of the
missing or incomplete items and shall inform the
candidate that all required items must be received by
the close of qualifying. A candidate's name as it is to
appear on the ballot may not be changed after the end of
qualifying.
(6) Notwithstanding the qualifying period prescribed
in this section, a filing officer may accept and hold
qualifying papers submitted not earlier than 14 days
prior to the beginning of the qualifying period, to be
processed and filed during the qualifying period.
History.—s. 3, ch. 71 49; s. 36, ch. 77 175; s 1, ch 78-260 s. 5, ch 79-365; s.
54, ch. 79-400 s. 17, ch. 81-105; s. 10, ch. 83-251; s. 1, ch 89-152 s. 34, ch.
89-338; s. 5, ch. 91-107; s. 630, ch. 95-147; s. 2, ch. 95-156; s. 13, ch. 97-13; s. 13,
ch. 99-6; s. 2, ch. 99-326; s 2, ch. 99-355; s. 23, ch. 2002-17; s. 65, ch. 2005-277; s.
21, ch. 2005-286; s. 40, ch. 2007-30; s. 4, ch. 2010-16.
105.035 Petition process of qualifying for cer-
tain judicial offices and the office of school board
member.—
(1) A person seeking to qualify for election to the
office of circuit judge or county court judge or the office
of school board member may qualify for election to such
office by means of the petitioning process prescribed in
this section. A person qualifying by this petition process
is not required to pay the qualifying fee required by this
chapter.
(2) The petition format shall be prescribed by the
Division of Elections and shall be used by the candidate
to reproduce petitions for circulation. If the candidate is
running for an office that will be grouped on the ballot
with two or more similar offices to be filled at the same
election, the candidate's petition must indicate, prior to
the obtaining of registered electors' signatures, for
which group or district office the candidate is running.
(3) Each candidate for election to a judicial office or
the office of school board member shall obtain the
signature of a number of qualified electors equal to at
least 1 percent of the total number of registered electors
of the district, circuit, county, or other geographic entity
represented by the office sought as shown by the
compilation by the Department of State for the last
preceding general election. A separate petition shall be
circulated for each candidate availing himself or herself
of the provisions of this section. Signatures may not be
obtained until the candidate has filed the appointment of
campaign treasurer and designation of campaign de-
pository pursuant to s. 106.021.
(4)(a) Each candidate seeking to qualify for election
to the office of circuit judge or the office of school board
member from a multicounty school district pursuant to
this section shall file a separate petition from each
county from which signatures are sought. Each petition
shall be submitted prior to noon of the 28th day
preceding the first day of the qualifying period for the
office sought, to the supervisor of elections of the county
for which such petition was circulated. Each supervisor
of elections to whom a petition is submitted shall check
the signatures on the petition to verify their status as
electors of that county and of the geographic area
represented by the office sought. No later than the 7th
day before the first date for qualifying, the supervisor
F.S. 2010
NONPARTISAN ELECTIONS Ch. 105
shall certify the number shown as registered electors
and submit such certification to the Division of Elections.
The division shall determine whether the required
number of signatures has been obtained for the name
of the candidate to be placed on the ballot and shall
notify the candidate. If the required number of signa-
tures has been obtained the candidate shall, during the
time prescribed for qualifying for office, submit a copy of
such notice and file his or her qualifying papers and oath
prescribed in s 105.031 with the Division of Elections.
Upon receipt of the copy of such notice and qualifying
papers, the division shall certify the name of the
candidate to the appropriate supervisor or supervisors
of elections as having qualified for the office sought.
(b) Each candidate seeking to qualify for election to
the office of county court judge or the office of school
board member from a single county school district
pursuant to this section shall submit his or her petition
prior to noon of the 28th day preceding the first day of
the qualifying period for the office sought, to the
supervisor of elections of the county for which such
petition was circulated. The supervisor shall check the
signatures on the petition to verify their status as
electors of the county and of the geographic area
represented by the office sought. No later than the
7th day before the first date for qualifying, the supervisor
shall determine whether the required number of signa-
tures has been obtained for the name of the candidate
to be placed on the ballot and shall notify the candidate.
If the required number of signatures has been obtained,
the candidate shall, during the time prescribed for
qualifying for office submit a copy of such notice and
file his or her qualifying papers and oath prescribed in s
105.031 with the qualifying officer. Upon receipt of the
copy of such notice and qualifying papers such
candidate shall be entitled to have his or her name
printed on the ballot
History.—s. 37, ch 77 175; s. 2, ch. 89-152; s. 35, ch. 89-338; s. 23, ch. 90-315;
s. 631, ch. 95-147; s. 6, ch. 99-318; s. 3, ch. 99-326, s. 66, ch. 2005-277.
105 036 Initiative for method of selection for
circuit or county court judges; procedures for
placement on ballot.—
(1) Subsequent to the general election in the year
2000, a local option for merit selection and retention or
the election of circuit or county court judges may be
placed on the ballot for the general election occurring in
excess of 90 days from the certification of ballot position
by the Secretary of State for circuit court judges or the
county supervisor of elections for county court judges.
The ballot shall provide for a vote on the method for
selection of judges not currently used for filling judicial
offices in the county or circuit.
(2) Certification of ballot position for the method of
selection of circuit court judges shall be issued when the
Secretary of State has received a verification certificate
from each supervisor of elections in a circuit indicating
that the requisite number of valid signatures of electors
in the circuit has been submitted and verified by the
supervisor or supervisors of that circuit. Certification of
ballot position for the method of selection of county court
judges shall be issued when the supervisor of elections
in a county indicates that the requisite number of
signatures of electors in the county has been submitted
95
to and verified by the supervisor. Each signature shall
be dated when made and shall be valid for a period of 2
years following such date, provided all requirements of
law are complied with.
(3) The sponsor of an initiative for merit selection
and retention or election of circuit or county court judges
must register as a political committee pursuant to s.
106.03.
(4) The Secretary of State shall adopt rules pursuant
to ss. 120.536(1) and 120.54 prescribing the style and
requirements of the circuit court and county court forms
for collection of signatures.
(5) No later than 5 p.m. 151 days prior to the general
election at which the proposed judicial selection initia-
tive is to be voted on, the sponsor shall submit signed
and dated forms to the appropriate supervisor of
elections for verification as to the number of registered
electors whose valid signatures appear thereon. The
supervisor shall promptly verify the signatures upon
payment of the fee or filing of the undue burden oath
required by s 99.097. Verification must be completed at
least 91 days prior to the general election Upon
completion of verification, the supervisor shall execute
a certificate indicating the total number of signatures
checked and the number of signatures verified as valid
and as being of registered electors of the applicable
county or circuit. This certificate must be immediately
transmitted to the Secretary of State for petitions related
to the method of selection of circuit court judges. The
supervisor must retain the signature forms for at least 1
year following the election in which the issue appeared
on the ballot or until the committee that circulated the
petition is no longer seeking to obtain ballot position as
determined by the Division of Elections for circuit court
petitions or by the supervisor of elections for county
court petitions.
(6) Upon a determination by the Secretary of State
for circuit court petitions or by the supervisor of elections
for county court petitions that the requisite number of
valid signatures has been obtained, a certification of
ballot position must be issued for the proposed method
of selection of judges. A request to exercise a local
option to change the method for selection of circuit or
county court judges is deemed filed with the Secretary
of State for circuit court judges or the supervisor of
elections for county court judges upon the date of the
receipt of a certificate or certificates indicating the
petition has been signed by the constitutionally required
number of electors.
(7) Within 10 days after each general election for
which an initiative to change the method of selection of
circuit or county court judges was placed on the ballot in
any circuit or county in the state, the Secretary of State
must notify the Chief Justice of the Supreme Court of
Florida of the changed method for selection of judges for
any circuit or county where the initiative passed.
(8) The Department of State shall have the authority
to promulgate rules in accordance with ss. 120.536(1)
and 120.54 to carry out the provisions of this section
History.—s. 9, ch. 99-355.
Ch. 105
NONPARTISAN ELECTIONS F.S. 2010
105.041 Form of ballot.—
(1) BALLOTS.—The names of candidates for non-
partisan office which appear on the ballot at the primary
election shall be grouped together on a separate portion
of the ballot or on a separate ballot The names of
candidates for election to nonpartisan office which
appear on the ballot at the general election and the
names of justices and judges seeking retention to office
shall be grouped together on a separate portion of the
general election bal of
(2) LISTING OF CANDIDATES —The order of non-
partisan offices appearing on the ballot shall be
determined by the Department of State The names
of candidates for election to each nonpartisan office
shall be listed in alphabetical order. With respect to
retention of justices and judges, the question "Shall
Justice (or Judge) (name of justice or judge) of the
(name of the court) be retained in office?" shall appear
on the ballot in alphabetical order and thereafter the
words "Yes" and "No."
(3) REFERENCE TO PARTY AFFILIATION PRO-
HIBITED.—No reference to political party affiliation shall
appear on any ballot with respect to any nonpartisan
office or candidate.
(4) WRITE-IN CANDIDATES.—Space shall be
made available on the general election ballot for an
elector to write in the name of a write-in candidate for
judge of a circuit court or county court or member of a
school board if a candidate has qualified as a write-in
candidate for such office pursuant to s. 105.031. This
subsection shall not apply to the offices of justices and
judges seeking retention.
History.—s. 4, ch. 71-49; s. 38, ch. 77-175; s. 55, ch. 79-400; s. 1, ch. 80-305; s.
18, ch. 81-105; s. 4, ch. 99-326; s. 3, ch. 99-355; s. 2, ch. 2000-361; s. 22, ch.
2005 286; s. 34, ch. 2008-95.
105.051 Determination of election or retention
to office.—
(1)
ffice.(1) ELECTION.—In circuits and counties holding
elections:
(a) The name of an unopposed candidate for the
office of circuit judge, county court judge, or member of
a school board shall not appear on any ballot, and such
candidate shall be deemed to have voted for himself or
herself at the general election.
(b) If two or more candidates neither of whom is a
write-in candidate, qualify for such an office, the names
of those candidates shall be placed on the ballot at the
primary election. If any candidate for such office
receives a majority of the votes cast for such office in
the primary election, the name of the candidate who
receives such majority shall not appear on any other
ballot unless a write-in candidate has qualified for such
office. An unopposed candidate shall be deemed to
have voted for himself or herself at the general election.
If no candidate for such office receives a majority of the
votes cast for such office in the primary election the
names of the two candidates receiving the highest
number of votes for such office shall be placed on the
general election ballot. If more than two candidates
receive an equal and highest number of votes, the name
of each candidate receiving an equal and highest
number of votes shall be placed on the general election
ballot. In any contest in which there is a tie for second
96
place and the candidate placing first did not receive a
majority of the votes cast for such office the name of the
candidate placing first and the name of each candidate
tying for second shall be placed on the general election
ballot
(c) The candidate who receives the highest number
of votes cast for the office in the general election shall be
elected to such office. If the vote at the general election
results in a tie the outcome shall be determined by lot.
(2) RETENTION.—With respect to any justice or
judge who qualifies to run for retention in office, the
question prescribed in s. 105.041(2) shall be placed on
the ballot at the general election. If a majority of the
qualified electors voting on such question within the
territorial jurisdiction of the court vote for retention, the
justice or judge shall be retained for a term of 6 years
commencing on the first Tuesday after the first Monday
in January following the general election. If Tess than a
majority of the qualified electors voting on such question
within the territorial jurisdiction of the court vote for
retention, a vacancy shall exist in such office upon the
expiration of the term being served by the justice or
judge.
History.—s. 5, ch. 71-49; s. 38, ch. 77-175; s.19, ch. 81-105; s. 632, ch. 95-147;
s. 5, ch. 99-326; s. 4, ch. 99-355; s 23 ch 2005-286.
105.061 Electors qualified to vote.—
(1) Each qualified elector of the territorial jurisdiction
of a court shall be eligible to vote for a candidate for
each judicial office of such court or, in the case of a
justice or a judge seeking retention, for or against
retention of such justice or judge.
(2) The election of members of a school board shall
be by vote of the qualified electors as prescribed in
chapter 1001.
History.—s. 6, ch. 71-49; s. 38, ch. 77-175; s. 6, ch. 99-326; s. 5, ch. 99-355; s.
887, ch. 2002-387.
105.071 Candidates for judicial office, limita-
tions on political activity.—A candidate for judicial
office shall note
(1) Participate in any partisan political party activ-
ities, except that such candidate may register to vote as
a member of any political party and may vote in any
party primary for candidates for nomination of the party
in which she or he is registered to vote
(2) Campaign as a member of any political party
(3) Publicly represent or advertise herself or himself
as a member of any political party.
(4) Endorse any candidate.
(5) Make political speeches other than in the candi-
date s own behalf.
(6) Make contributions to political party funds.
(7) Accept contributions from any political party.
(8) Solicit contributions for any political party
(9) Accept or retain a place on any political party
committee.
(10) Make any contribution to any person, group, or
organization for its endorsement to judicial office.
(11) Agree to pay all or any part of any advertisement
sponsored by any person, group, or organization
wherein the candidate may be endorsed for judicial
office by any such person, group, or organization.
F.S. 2010
NONPARTISAN ELECTIONS Ch. 105
A candidate for judicial office or retention therein who
violates the provisions of this section is liable for a civil
fine of up to $1,000 to be determined by the Florida
Elections Commission.
History.—s. 7, ch. 71-49; s. 2, ch. 72-310; s.38, ch. 77-175; s. 633, ch. 95-147;
s. 7, ch. 99-326.
105.08 Campaign contribution and expense;
reporting.—
(1) A candidate for judicial office or the office of
school board member may accept contributions and
may incur only such expenses as are authorized by law
Each such candidate shall keep an accurate record of
his or her contributions and expenses, and shall file
reports pursuant to chapter 106.
(2) Notwithstanding any other provision of this
chapter or chapter 106, a candidate for retention as a
justice or a judge who has not received any contribution
or made any expenditure may file a sworn statement at
the time of qualifying that he or she does not anticipate
receiving contributions or making expenditures in con-
nection with the candidacy for retention to office. Such
candidate shall file a final report pursuant to s 106.141,
within 90 days following the general election for which
the candidate's name appeared on the ballot for
retention. Any such candidate for retention to judicial
office who, after filing a statement pursuant to this
subsection, receives any contribution or makes any
expenditure in connection with the candidacy for reten
tion shall immediately file a statement to that effect with
the qualifying officer and shall begin filing reports as an
opposed candidate pursuant to s. 106.07.
History.—s. 8, ch. 71-49; s. 38, ch. 77-175; s. 3, ch. 89-152; s. 634, ch. 95-147;
s. 8 ch. 99-326; s. 6, ch. 99-355.
105.09 Political activity in behalf of a candidate
for judicial office limited.—
(1) No political party or partisan political organization
shall endorse, support, or assist any candidate in a
campaign for election to judicial office.
97
(2) Any person who knowingly, in an individual
capacity or as an officer of an organization, violates
the provisions of this section is guilty of a misdemeanor
of the second degree, punishable as provided in s.
775 082 or s. 775.083.
History.—s. 9, ch. 71-49; s. 38, ch. 77-175; s. 635, ch. 95-147.
105.10 Applicability of election code.—If any
provision of this chapter is in conflict with any other
provision of this code the provision of this chapter shall
prevail.
History. s. 10, ch. 71-49; s. 38, ch. 77-175.
105.101 Effect of revision of county court judge
selection method.—No county court judge elected
prior to or at the election that approves any revision to
the selection of county court judges shall be affected in
his or her term of office. Any county judge wishing to
apply for a subsequent term will be elected or retained
pursuant to the method of election or selection and
retention of county court judges in effect in the county
for the election preceding the end of the judge's term of
office.
History.—s. 11, ch. 99355.
105.102 Effect of revision of circuit court judge
selection method.—No circuit court judge elected prior
to or at the election that approves any revision to the
selection of circuit court judge shall be affected in his or
her term of office Any circuit court judge wishing to
apply for a subsequent term will be elected or retained
pursuant to the method of election or selection and
retention of circuit court judges in effect in the circuit for
the election preceding the end of the judge's term of
office
History.—s. 12, ch. 99.355.
Ch. 106
106.011
106.021
106.022
106.023
106.025
106.03
106.04
106.05
106.055
106.06
106.07
106.0701
106.0703
106.0705
106.0706
106.071
106.075
106.08
106.087
106.09
106.11
106.113
106.12
106.125
106.14
106.1405
106.141
106.143
106.1435
106.1437
106.1439
106.147
106.1475
106.15
CAMPAIGN FINANCING
CHAPTER 106
CAMPAIGN FINANCING
Definitions.
Campaign treasurers; deputies; primary
and secondary depositories.
Appointment of a registered agent; duties.
Statement of candidate.
Campaign fund raisers.
Registration of political committees and
electioneering communications organi-
zations.
Committees of continuous existence.
Deposit of contributions; statement of cam-
paign treasurer.
Valuation of in-kind contributions.
Treasurer to keep records; inspections.
Reports; certification and filing.
Solicitation of contributions on behalf of s.
527 or s. 501(c)(4) organizations; report-
ing requirements; civil penalty; exemp
tion.
Electioneering communications organiza-
tions; reporting requirements; certifica-
tion and filing; penalties.
Electronic filing of campaign treasurer's
reports.
Electronic filing of campaign finance re-
ports; public records exemption.
Independent expenditures; electioneering
communications; reports; disclaimers.
Elected officials; report of loans made in
year preceding election limitation on
contributions to pay loans.
Contributions, limitations on.
Independent expenditures; contribution
limits, restrictions on political parties
political committees, and committees of
continuous existence.
Cash contributions and contribution by
cashier's checks.
Expenses of and expenditures by candi-
dates and political committees.
Expenditures by local governments.
Petty cash funds allowed.
Credit cards; conditions on use.
Utilities; deposits; prior authorization.
Use of campaign funds.
Disposition of surplus funds by candidates.
Political advertisements circulated prior to
election; requirements.
Usage and removal of political campaign
advertisements.
Miscellaneous advertisements.
Electioneering communications; disclai-
mers.
Telephone solicitation; disclosure require-
ments; prohibitions; exemptions; penal-
ties.
Telephone solicitation; registered agent
requirements; penalty.
Certain acts prohibited.
98
106.16
106.161
106.165
106.17
106.18
106.19
106.191
106 21
106.22
106 23
106 24
106.25
106.26
106.265
106.27
106.28
106 29
106.295
106.30
106.31
106.32
106.33
106.34
106.35
106.353
106.355
106.36
F.S. 2010,
Limitation on certain rates and charges.
Air time available at the lowest unit rate.
Use of closed captioning and descriptive
narrative in all television broadcasts.
Polls and surveys relating to candidacies.
When a candidate's name to be omitted
from ballot
Violations by candidates, persons con-
nected with campaigns, and political
committees.
Signatures gathered for initiative petition;
effect of ch. 97-13.
Certificates of election not to be issued
upon conviction.
Duties of the Division of Elections.
Powers of the Division of Elections.
Florida Elections Commission, member-
ship; powers; duties.
Reports of alleged violations to Florida
Elections Commission disposition of
findings.
Powers of commission; rights and respon-
sibilities of parties; findings by commis-
sion.
Civil penalties.
Determinations by commission; legal dis-
position.
Limitation of actions.
Reports by political parties; restrictions on
contributions and expenditures; penal-
ties
Leadership fund.
S hort title
Legislative intent.
Election Campaign Financing Trust Fund.
E lection campaign financing; eligibility.
Expenditure limits.
D istribution of funds.
Candidates voluntarily abiding by election
campaign financing limits but not re-
questing public funds; irrevocable state-
ment required; penalty.
N onparticipating candidate exceeding lim-
its.
Penalties; fines.
106.011 Definitions. -As used in this chapter, the
following terms have the following meanings unless the
context clearly indicates otherwise:
(1)(a) 'Political committee" means:
1. A combination of two or more individuals, or a
person other than an individual, that, in an aggregate
amount in excess of $500 during a single calendar year:
a Accepts contributions for the purpose of making
contributions to any candidate, political committee
committee of continuous existence or political party;
b. Accepts contributions for the purpose of ex-
pressly advocating the election or defeat of a candidate
or the passage or defeat of an issue;
F.S. 2010
CAMPAIGN FINANCING Ch. 106
c. Makes expenditures that expressly advocate the
election or defeat of a candidate or the passage or
defeat of an issues or
d. Makes contributions to a common fund, other
than a joint checking account between spouses, from
which contributions are made to any candidate, political
committee, committee of continuous existence or
political party;
2 The sponsor of a proposed constitutional amend-
ment by initiative who intends to seek the signatures of
registered electors.
(b) Notwithstanding paragraph (a), the following
entities are not considered political committees for
purposes of this chapter:
1. Organizations which are certified by the Depart-
ment of State as committees of continuous existence
pursuant to s. 106.04, national political parties, and the
state and county executive committees of political
parties regulated by chapter 103.
2. Corporations regulated by chapter 607 or chap-
ter 617 or other business entities formed for purposes
other than to support or oppose issues or candidates, if
their political activities are limited to contributions to
candidates, political parties, or political committees or
expenditures in support of or opposition to an issue from
corporate or business funds and if no contributions are
received by such corporations or business entities.
3. Electioneering communications organizations as
defined in subsection (19).
(2) 'Committee of continuous existence" means any
group, organization, association, or other such entity
which is certified pursuant to the provisions of s. 106.04.
(3) "Contribution" means:
(a) A gift, subscription, conveyance, deposit, loan
payment, or distribution of money or anything of value
including contributions in kind having an attributable
monetary value in any form, made for the purpose of
influencing the results of an election or making an
electioneering communication.
(b) A transfer of funds between political committees,
between committees of continuous existence, between
electioneering communications organizations or be-
tween any combination of these groups.
(c) The payment, by any person other than a
candidate or political committee, of compensation for
the personal services of another person which are
rendered to a candidate or political committee without
charge to the candidate or committee for such services
(d) The transfer of funds by a campaign treasurer or
deputy campaign treasurer between a primary deposi-
tory and a separate interest-bearing account or certifi
cate of deposit, and the term includes any interest
earned on such account or certificate.
Notwithstanding the foregoing meanings of "contribu-
tion," the word shall not be construed to include
services including, but not limited to, legal and account-
ing services, provided without compensation by indivi-
duals
ndivrduals volunteering a portion or all of their time on behalf
of a candidate or political committee This definition
shall not be construed to include editorial endorse-
ments.
99
(4)(a) "Expenditure" means a purchase, payment,
distribution, loan, advance, transfer of funds by a
campaign treasurer or deputy campaign treasurer
between a primary depository and a separate interest-
bearing account or certificate of deposit, or gift of money
o r anything of value made for the purpose of influencing
the results of an election or making an electioneering
communication. However, "expenditure" does not in-
clude a purchase payment, distribution, loan, advance,
or gift of money or anything of value made for the
purpose of influencing the results of an election when
made by an organization, in existence prior to the time
during which a candidate qualifies or an issue is placed
on the ballot for that election, for the purpose of printing
o r distributing such organization s newsletter contain-
ing a statement by such organization in support of or
opposition to a candidate or issue, which newsletter is
distributed only to members of such organization.
(b) As used in this chapter, an 'expenditure" for an
electioneering communication is made when the ear-
liest of the following occurs:
1 A person enters into a contract for applicable
goods or services;
2. A person makes payment, in whole or in part, for
the production or public dissemination of applicable
goods or services; or
3. The electioneering communication is publicly
disseminated
(5)(a) "Independent expenditure' means an expen-
diture by a person for the purpose of expressly
advocating the election or defeat of a candidate or the
approval or rejection of an issue, which expenditure is
not controlled by, coordinated with, or made upon
consultation with, any candidate, political committee,
o r agent of such candidate or committee. An expendi-
ture for such purpose by a person having a contract with
the candidate, political committee, or agent of such
candidate or committee in a given election period shall
n ot be deemed an independent expenditure.
(b) An expenditure for the purpose of expressly
advocating the election or defeat of a candidate which is
made by the national, state, or county executive
committee of a political party including any subordinate
committee of a national state, or county committee of a
political party, or by any political committee or commit-
tee of continuous existence, or any other person, shall
n ot be considered an independent expenditure if the
committee or person:
1. Communicates with the candidate the candida-
te's campaign, or an agent of the candidate acting on
behalf of the candidate including any pollster, media
consultant, advertising agency vendor, advisor, or staff
member, concerning the preparation of, use of, or
payment for, the specific expenditure or advertising
campaign at issue; or
2. Makes a payment in cooperation, consultation,
o r concert with, at the request or suggestion of, or
pursuant to any general or particular understanding with
the candidate, the candidate s campaign a political
committee supporting the candidate, or an agent of the
candidate relating to the specific expenditure or adver-
tising campaign at issue; or
Ch. 106
CAMPAIGN FINANCING F.S. 2010
3. Makes a payment for the dissemination, distribu-
tion, or republication, in whole or in part, of any
broadcast or any written, graphic, or other form of
campaign material prepared by the candidate, the
candidate's campaign, or an agent of the candidate,
including any pollster, media consultant, advertising
agency, vendor, advisor, or staff member; or
4. Makes a payment based on information about
the candidate's plans, projects, or needs communicated
to a member of the committee or person by the
candidate or an agent of the candidate, provided the
committee or person uses the information in any way, in
whole or in part, either directly or indirectly, to design,
prepare, or pay for the specific expenditure or advertis-
ing campaign at issue; or
5. After the last day of qualifying for statewide or
legislative office, consults about the candidate's plans,
projects, or needs in connection with the candidate's
pursuit of election to office and the information is used in
any way to plan, create, design, or prepare an
independent expenditure or advertising campaign, with:
a Any officer, director, employee, or agent of a
national, state, or county executive committee of a
political party that has made or intends to make
expenditures in connection with or contributions to the
candidate; or
b. Any person whose professional services have
been retained by a national, state, or county executive
committee of a political party that has made or intends to
make expenditures in connection with or contributions
to the candidate; or
6. After the last day of qualifying for statewide or
legislative office, retains the professional services of
any person also providing those services to the
candidate in connection with the candidate's pursuit of
election to office; or
7. Arranges, coordinates, or directs the expendi-
ture, in any way, with the candidate or an agent of the
candidate.
(6) "Election" means any primary election, special
primary election, general election, special election, or
municipal election held in this state for the purpose of
nominating or electing candidates to public office
choosing delegates to the national nominating conven
tions of political parties, or submitting an issue to the
electors for their approval or rejection
(7) "Issue" means any proposition which is required
by the State Constitution by law or resolution of the
Legislature or by the charter ordinance or resolution of
any political subdivision of this state to be submitted to
the electors for their approval or rejection at an election,
or any proposition for which a petition is circulated in
order to have such proposition placed on the ballot at
any election.
(8) "Person" means an individual or a corporation,
association, firm, partnership, joint venture joint stock
company, club, organization, estate, trust, business
trust, syndicate, or other combination of individuals
having collective capacity. The term includes a political
party, political committee, or committee of continuous
existence.
100
(9) "Campaign treasurer" means an individual ap-
pointed by a candidate or political committee as
provided in this chapter.
(10) "Public office' means any state county, munici-
pal, or school or other district office or position which is
filled by vote of the electors.
(11) "Campaign fund raiser" means any affair held to
raise funds to be used in a campaign for public office.
(12) "Division" means the Division of Elections of the
Department of State.
(13) "Communications media" means broadcasting
stations, newspapers, magazines, outdoor advertising
facilities, printers direct mail, advertising agencies, the
Internet, and telephone companies; but with respect to
telephones, an expenditure shall be deemed to be an
expenditure for the use of communications media only if
made for the costs of telephones, paid telephonists or
automatic telephone equipment to be used by a
candidate or a political committee to communicate
with potential voters but excluding any costs of tele-
phones incurred by a volunteer for use of telephones by
such volunteer; however, with respect to the Internet, an
expenditure shall be deemed an expenditure for use of
communications media only if made for the cost of
creating or disseminating a message on a computer
information system accessible by more than one person
but excluding internal communications of a campaign or
of any group.
(14) "Filing officer' means the person before whom a
candidate qualifies, the agency or officer with whom a
political committee or an electioneering communica-
tions organization registers, or the agency by whom a
committee of continuous existence is certified.
(15) Unopposed candidate" means a candidate for
nomination or election to an office who, after the last day
on which any person including a write-in candidate,
may qualify, is without opposition in the election at which
the office is to be filled or who is without such opposition
after such date as a result of any primary election or of
withdrawal by other candidates seeking the same office
A candidate is not an unopposed candidate if there is a
vacancy to be filled under s. 100.111(4) if there is a
legal proceeding pending regarding the right to a ballot
position for the office sought by the candidate, or if the
candidate is seeking retention as a justice or judge.
(16) "Candidate" means any person to whom any one
or more of the following apply:
(a) Any person who seeks to qualify for nomination
or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a
write-in candidate.
(c) Any person who receives contributions or makes
expenditures, or consents for any other person to
receive contributions or make expenditures, with a
view to bring about his or her nomination or election
to, or retention in, public office.
(d) Any person who appoints a treasurer and
designates a primary depository.
(e) Any person who files qualification papers and
subscribes to a candidate's oath as required by law.
However this definition does not include any candidate
for a political party executive committee.
F.S. 2010
CAMPAIGN FINANCING Ch. 106,
(17) "Political advertisement" means a paid expres-
sion in any communications media prescribed in sub-
section (13), whether radio, television, newspaper,
magazine periodical, campaign literature, direct mail,
or display or by means other than the spoken word in
direct conversation, which expressly advocates the
election or defeat of a candidate or the approval or
rejection of an issue However, political advertisement
does not include:
(a) A statement by an organization, in existence
prior to the time during which a candidate qualifies or an
issue is placed on the ballot for that election, in support
of or opposition to a candidate or issue, in that
organization's newsletter, which newsletter is distribu-
ted only to the members of that organization.
(b) Editorial endorsements by any newspaper, radio
or television station, or other recognized news medium.
(18)(a) "Electioneering communication' means any
communication that is publicly distributed by a television
station, radio station, cable television system, satellite
system, newspaper, magazine direct mail, or telephone
and that:
1. Refers to or depicts a clearly identified candidate
for office without expressly advocating the election or
defeat of a candidate but that is susceptible of no
reasonable interpretation other than an appeal to vote
for or against a specific candidate;
2. is made within 30 days before a primary or
special primary election or 60 days before any other
election for the office sought by the candidate; and
3. Is targeted to the relevant electorate in the
geographic area the candidate would represent if
elected.
(b) The term "electioneering communication" does
not include:
1. A communication disseminated through a means
of communication other than a television station, radio
station, cable television system, satellite system, news-
paper, magazine, direct mail telephone, or statement or
depiction by an organization in existence prior to the
time during which a candidate named or depicted
qualifies for that election, made in that organization's
newsletter, which newsletter is distributed only to
members of that organization.
2. A communication in a news story, commentary,
or editorial distributed through the facilities of any radio
station television station, cable television system, or
satellite system, unless the facilities are owned or
controlled by any political party political committee or
candidate. A news story distributed through the facilities
owned or controlled by any political party, political
committee or candidate may nevertheless be exempt
if it represents a bona fide news account communicated
through a licensed broadcasting facility and the com-
munication is part of a general pattern of campaign -
related news accounts that give reasonably equal
coverage to all opposing candidates in the area
3. A communication that constitutes a public debate
or forum that includes at least two opposing candidates
for an office or one advocate and one opponent of an
issue, or that solely promotes such a debate or forum
and is made by or on behalf of the person sponsoring
the debate or forum, provided that:
a The staging organization is either:
(I) A charitable organization that does not make
other electioneering communications and does not
otherwise support or oppose any political candidate or
political party; or
(11) A newspaper, radio station, television station, or
other recognized news medium, and
b. The staging organization does not structure the
debate to promote or advance one candidate or issue
position over another.
(c) For purposes of this chapter, an expenditure
made for, or in furtherance of, an electioneering
communication shall not be considered a contribution
to or on behalf of any candidate.
(d) For purposes of this chapter, an electioneering
communication shall not constitute an independent
expenditure nor be subject to the limitations applicable
to independent expenditures.
(19) "Electioneering communications organization"
means any group other than a political party, political
committee, or committee of continuous existence,
whose election -related activities are limited to making
expenditures for electioneering communications or
accepting contributions for the purpose of making
electioneering communications and whose activities
would not otherwise require the group to register as a
political party, political committee, or committee of
continuous existence under this chapter.
History.—s. 1, ch. 73-128; s.1, ch. 74-200; s. 1, ch. 77-174; s. 39, ch. 77-175; s.
2, ch. 79-157; ss. 6, 17, ch. 79-365; s. 1, ch. 79-378; s. 22, ch. 81-304; s. 34, ch.
84-302; s. 4, ch. 85-226; s. 2, ch. 89-256; s. 1, ch. 89-537; s. 24, ch. 90-315; s. 9, ch.
91-107; s. 636, ch. 95-147; s. 2, ch. 97-13; s. 7, ch. 99-355; s. 1, ch. 2002-197; s. 2,
ch. 2004-252; s. 1, ch. 2006-300; s. 19, ch. 2010-167.
101
106.021 Campaign treasurers; deputies; pri-
mary and secondary depositories.—
(1)(a) Each candidate for nomination or election to
office and each political committee shall appoint a
campaign treasurer. Each person who seeks to qualify
for nomination or election to, or retention in, office shall
appoint a campaign treasurer and designate a primary
campaign depository prior to qualifying for office. Any
person who seeks to qualify for election or nomination to
any office by means of the petitioning process shall
appoint a treasurer and designate a primary depository
on or before the date he or she obtains the petitions.
Each candidate shall at the same time he or she
designates a campaign depository and appoints a
treasurer also designate the office for which he or she
is a candidate. If the candidate is running for an office
which will be grouped on the ballot with two or more
similar offices to be filled at the same election, the
candidate must indicate for which group or district office
he or she is running. Nothing in this subsection shall
prohibit a candidate, at a later date, from changing the
designation of the office for which he or she is a
candidate. However, if a candidate changes the desig-
nated office for which he or she is a candidate the
candidate must notify all contributors in writing of the
intent to seek a different office and offer to return pro
rata upon their request, those contnbutions given in
support of the original office sought. This notification
shall be given within 15 days after the filing of the
change of designation and shall include a standard form
developed by the Division of Elections for requesting the
Ch. 106
CAMPAIGN FINANCING F.S. 2010
return of contributions. The notice requirement shall not
apply to any change in a numerical designation resulting
solely from redistricting. If, within 30 days after being
notif ed by the candidate of the intent to seek a different
office, the contributor notifies the candidate in writing
that the contributor wishes his or her contribution to be
returned, the candidate shall return the contribution, on
a pro rata basis, calculated as of the date the change of
designation is filed Any contributions not requested to
be returned within the 30 -day period may be used by the
candidate for the newly designated office. No person
shall accept any contribution or make any expenditure
with a view to bringing about his or her nomination,
election, or retention in public office, or authorize
another to accept such contributions or make such
expenditure on the person's behalf, unless such person
has appointed a campaign treasurer and designated a
primary campaign depository. A candidate for an office
voted upon statewide may appoint not more than 15
deputy campaign treasurers, and any other candidate or
political committee may appoint not more than 3 deputy
campaign treasurers. The names and addresses of the
campaign treasurer and deputy campaign treasurers so
appointed shall be filed with the officer before whom
such candidate is required to qualify or with whom such
political committee is required to register pursuant to s.
106.03
(b) Except as provided in paragraph (d) each
candidate and each political committee shall also
designate one primary campaign depository for the
purpose of depositing all contributions received, and
disbursing all expenditures made, by the candidate or
political committee. The candidate or political committee
may also designate one secondary depository in each
county in which an election is held in which the
candidate or committee participates. Secondary deposi-
tories shall be for the sole purpose of depositing
contributions and forwarding the deposits to the primary
campaign depository. Any bank, savings and loan
association or credit union authorized to transact
business in this state may be designated as a campaign
depository. The candidate or political committee shall
file the name and address of each primary and
secondary depository so designated at the same time
that, and with the same officer with whom the candidate
or committee files the name of his, her, or its campaign
treasurer pursuant to paragraph (a). In addition, the
campaign treasurer or a deputy campaign treasurer
may deposit any funds which are in the primary
campaign depository and which are not then currently
needed for the disbursement of expenditures into a
separate interest-bearing account in any bank, savings
and loan association or credit union authorized to
transact business in this state. The separate interest-
bearing account shall be designated " (name of candidate or
committee) separate interest-bearing campaign account."
In lieu thereof the campaign treasurer or deputy
campaign treasurer may purchase a certificate of
deposit with such unneeded funds in such bank savings
and loan association, or credit union. The separate
interest-bearing account or certificate of deposit shall be
separate from any personal or other account or
certificate of deposit. Any withdrawal of the principal
102
or earned interest or any part thereof shall only be made
from the separate interest-bearing account or certificate
of deposit for the purpose of transferring funds to the
primary account and shall be reported as a contribution.
(c) Any campaign treasurer or deputy treasurer
appointed pursuant to this section shall, before such
appointment may become effective have accepted
appointment to such position in writing and filed such
acceptance with the officer before whom the candidate
is required to qualify or with the officer with whom the
political committee is required to file reports. An
individual may be appointed and serve as campaign
treasurer of a candidate and a political committee or two
or more candidates and political committees. A candi-
date may appoint herself or himself as campaign
treasurer.
(d) Any political committee which deposits all con-
tributions received in a national depository from which
the political committee receives funds to contribute to
state and local candidates shall not be required to
designate a campaign depository in the state.
(2) A candidate or political committee may remove
his, her, or its campaign treasurer or any deputy
treasurer. In case of the death, resignation, or removal
of a campaign treasurer before compliance with all
obligations of a campaign treasurer under this chapter
the candidate or political committee shall appoint a
successor and certify the name and address of the
successor in the mariner provided in the case of an
original appointment. No resignation shall be effective
until it has been submitted to the candidate or commit-
tee in writing and a copy thereof has been filed with the
officer before whom the candidate is required to qualify
or the officer with whom the political committee is
required to file reports. No treasurer or deputy treasurer
shall be deemed removed by a candidate or political
committee until written notice of such removal has been
given to such treasurer or deputy treasurer and has
been fled with the officer before whom such candidate
is required to qualify or with the officer with whom such
committee is required to file reports.
(3) No contribution or expenditure, including con-
tributions or expenditures of a candidate or of the
candidate's family, shall be directly or indirectly made
or received in furtherance of the candidacy of any
person for nomination or election to political office in the
state or on behalf of any political committee except
through the duly appointed campaign treasurer of the
candidate or political committee, subject to the following
exceptions:
(a) Independent expenditures;
(b) Reimbursements to a candidate or any other
individual for expenses incurred in connection with the
campaign or activities of the political committee by a
check drawn upon the campaign account and reported
pursuant to s. 106.07(4). After July 1, 2004, the full
name and address of each person to whom the
candidate or other individual made payment for which
reimbursement was made by check drawn upon the
campaign account shall be reported pursuant to s.
106.07(4), together with the purpose of such payment;
(c) Expenditures made indirectly through a treasurer
for goods or services, such as communications media
F.S. 2010
CAMPAIGN FINANCING Ch. 106
placement or procurement services, campaign signs,
Insurance or other expenditures that include multiple
integral components as part of the expenditure and
reported pursuant to s. 106.07(4)(a)13.; or
(d) Expenditures made directly by any political
committee or political party regulated by chapter 103
for obtaining time, space, or services in or by any
communications medium for the purpose of jointly
endorsing three or more candidates, and any such
expenditure shall not be considered a contribution or
expenditure to or on behalf of any such candidates for
the purposes of this chapter.
(4) A deputy campaign treasurer may exercise any
of the powers and duties of a campaign treasurer as set
forth in this chapter when specifically authorized to do
so by the campaign treasurer and the candidate, in the
case of a candidate, or the campaign treasurer and
chair of the political committee, in the case of a political
committee.
(5) For purposes of appointing a campaign treasurer
and designating a campaign depository, candidates for
the offices of Governor and Lieutenant Governor on the
same ticket shall be considered a single candidate.
History.—s.2, ch. 73 128; s. 2, ch. 74-200; s. 1, ch. 75 139; s. 39, ch 77-175; s.
2, ch. 79-378 s. 56, ch. 79-400; s. 23, ch. 81.304; s. 35, ch 84-302; s.3, ch. 89-256;
s. 25, ch. 90 315; s. 10, ch. 91-107; s. 637, ch. 95-147; s. 9, ch. 97-13; s. 28, ch.
2002-17; s. 14, ch. 2004-252; s. 41, ch. 2007-30; s. 28, ch. 2008-95.
106.022 Appointment of a registered agent;
duties —
(1) Each political committee, committee of contin-
uous existence or electioneering communications or-
ganization shall have and continuously maintain in this
state a registered office and a registered agent and
must file with the division a statement of appointment for
the registered office and registered agent. The state-
ment of appointment must:
(a) Provide the name of the registered agent and the
street address and phone number for the registered
office;
(b) Identify the entity for whom the registered agent
serves;
(c) Designate the address the registered agent
wishes to use to receive mail
(d) Include the entity's undertaking to inform the
division of any change in such designated address;
(e) Provide for the registered agent's acceptance of
the appointment, which must confirm that the registered
agent is familiar with and accepts the obligations of the
position as set forth in this section and
(f) Contain the signature of the registered agent and
the entity engaging the registered agent.
(2) An entity may change its appointment of regis-
tered agent and registered office under this section by
executing a written statement of change that identifies
the former registered agent and registered address and
also satisfies all of the requirements of subsection (1).
(3) A registered agent may resign his or her
appointment as registered agent by executing a written
statement of resignation and filing it with the division. An
entity without a registered agent may not make ex-
penditures or accept contributions until it files a written
statement of change as required in subsection (2).
History.—s. 67, ch. 2005-277; s. 2, ch. 2006-300; s, 20, ch. 2010-167
103
106.023 Statement of candidate.
(1) Each candidate must file a statement with the
qualifying officer within 10 days after filing the appoint-
ment of campaign treasurer and designation of cam-
paign depository stating that the candidate has read
and understands the requirements of this chapter. Such
statement shall be provided by the filing officer and shall
be in substantially the following form:
STATEMENT OF CANDIDATE
I, , candidate for the office of , have received,
read, and understand the requirements of Chapter 106,
Florida Statutes.
(Signature of candidate) (Dale)
Willful failure to file this form is a violation of ss.
106.19(1)(c) and 106.25(3), F.S.
(2) The execution and filing of the statement of
candidate does not in and of itself create a presumption
that any violation of this chapter or chapter 104 is a
willful violation.
History.—s. 26, ch. 90-315; s. 638, ch. 95-147; s. 15, ch. 2004-252; s. 15, ch.
2008-4,
106.025 Campaign fund raisers.
(1)(a) No campaign fund raiser may be held unless
the person for whom such funds are to be so used is a
candidate for public office.
(b) All money and contributions received with re-
spect to such a campaign fund raiser shall be deemed to
be campaign contributions, and shall be accounted for,
and subject to the same restrictions, as other campaign
contributions. All expenditures made with respect to
such a campaign fund raiser which are made or
reimbursed by a check drawn on the campaign deposi-
tory of the candidate for whom the funds are to be used
and shall be deemed to be campaign expenditures to be
accounted for and subject to the same restrictions, as
other campaign expenditures.
(c) Any tickets or advertising for such a campaign
fund raiser shall contain the following statement: "The
purchase of a ticket for, or a contribution to, the
campaign fund raiser is a contribution to the campaign
of (name oI the candidate for whose benefit the camoaion fund raiser is
held) ." Such tickets or advertising shall also comply with
other provisions of this chapter relating to political
advertising.
(d) Any person or candidate who holds a campaign
fund raiser, or consents to a campaign fund raiser being
held, in violation of the provisions of this subsection is
guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
(2) This section shall not apply to any campaign fund
raiser held on behalf of a political party by the state or
county executive committee of such party, provided that
the proceeds of such campaign fund raiser are reported
pursuant to s. 106.29.
History.—s. 40, ch. 77-175; s. 51, ch. 81-259; s. 24, ch. 81-304; s. 27, ch.
83-217; s. 4, ch. 89-256.
106.03 Registration of political committees and
electioneering communications organizations.—
Ch. 106
CAMPAIGN FINANCING F.S. 2010
(1)(a) Each political committee that anticipates re-
ceiving contributions or making expenditures during a
calendar year in an aggregate amount exceeding $500
or that is seeking the signatures of registered electors in
support of an initiative shall file a statement of organiza-
tion as provided in subsection (3) within 10 days after its
organization or if later, within 10 days after the date on
which it has information that causes the committee to
anticipate that it will receive contributions or make
expenditures in excess of $500. If a political committee
is organized within 10 days of any election, it shall
immediately file the statement of organization required
by this section.
(b)1. Each electioneering communications organi-
zation that receives contributions or makes expendi-
tures during a calendar year in an aggregate amount
exceeding $5,000 shall file a statement of organization
as provided in subparagraph 2. by expedited delivery
within 24 hours after its organization or, if later within 24
hours after the date on which it receives contributions or
makes expenditures for an electioneering communica-
tion in excess of $5,000.
2 a In a statewide, legislative, or multicounty elec-
tion, an electioneering communications organization
shall file a statement of organization with the Division
of Elections.
b. In a countywide election or any election held on
less than a countywide basis, except as described in
sub -subparagraph c. an electioneering communica-
tions organization shall file a statement of organization
with the supervisor of elections of the county in which
the election is being held.
c. In a municipal election, an electioneering com-
munications organization shall file a statement of
organization with the officer before whom municipal
candidates qualify.
d. Any electioneering communications organization
that would be required to file a statement of organization
in two or more locations by reason of the organization's
intention to support or oppose candidates at state or
multicounty and local levels of government need only
file a statement of organization with the Division of
Elections.
(2) The statement of organization shall include:
(a) The name, mailing address, and street address
of the committee or electioneering communications
organization;
(b) The names, street addresses, and relationships
of affiliated or connected organizations;
(c) The area, scope, or jurisdiction of the committee
or electioneering communications organization;
(d) The name, mailing address, street address, and
position of the custodian of books and accounts;
(e) The name, mailing address, street address, and
position of other principal officers, including the treas-
urer and deputy treasurer, if any;
(f) The name, address office sought, and party
affiliation of:
1. Each candidate whom the committee is support-
ing;
2 Any other individual, if any, whom the committee
is supporting for nomination for election, or election to
any public office whatever;
104
(g) Any issue or issues the, committee is supporting
or opposing;
(h) If the committee is supporting the entire ticket of
any party, a statement to that effect and the name of the
party;
(i) A statement of whether the committee is a
continuing one;
(j) Plans for the disposition of residual funds which
will be made in the event of dissolution;
(k) A listing of all banks, safe-deposit boxes, or other
depositories used for committee or electioneering
communications organization funds;
(I) A statement of the reports required to be filed by
the committee or the electioneering communications
organization with federal officials, if any, and the names,
addresses, and positions of such officials; and
(m) A statement of whether the electioneering com-
munications organization was formed as a newly
created organization during the current calendar quarter
or was formed from an organization existing prior to the
current calendar quarter. For purposes of this subsec-
tion, calendar quarters end the last day of March, June,
September, and December.
(3)(a) A political committee which is organized to
support or oppose statewide, legislative, or multicounty
candidates or issues to be voted upon on a statewide or
multicounty basis shall file a statement of organization
with the Division of Elections.
(b) Except as provided in paragraph (c), a political
committee which is organized to support or oppose
candidates or issues to be voted on in a countywide
election or candidates or issues in any election held on
less than a countywide basis shall file a statement of
organization with the supervisor of elections of the
county in which such election is being held.
(c) A political committee which is organized to
support or oppose only candidates for municipal office
or issues to be voted on in a municipal election shall file
a statement of organization with the officer before whom
municipal candidates qualify.
(d) Any political committee which would be required
under this subsection to file a statement of organization
in two or more locations by reason of the committee's
intention to support or oppose candidates or issues at
state or multicounty and local levels of government need
file only with the Division of Elections.
(4) Any change in information previously submitted
in a statement of organization shall be reported to the
agency or officer with whom such committee or
electioneering communications organization is required
to register within 10 days following the change.
(5) Any committee which, after having filed one or
more statements of organization, disbands or deter-
mines it will no longer receive contributions or make
expenditures during the calendar year in an aggregate
amount exceeding $500 shall so notify the agency or
officer with whom such committee is required to file the
statement of organization.
(6) If the filing officer finds that a political committee
has filed its statement of organization consistent with
the requirements of subsection (2), it shall notify the
committee in writing that it has been registered as a
political committee. If the filing officer finds that a
F.S. 2010
CAMPAIGN FINANCING Ch. 106
political committee's statement of organization does not
meet the requirements of subsection (2), it shall notify
the committee of such finding and shall state in writing
the reasons for rejection of the statement of organiza-
tion.
(7) The Division of Elections shall adopt rules to
prescribe the manner in which committees and electio-
neering communications organizations may be dis-
solved and have their registration canceled. Such
rules shall, at a minimum, provide for:
(a) Notice which shall contain the facts and conduct
which warrant the intended action, including but not
limited to failure to file reports and limited activity.
(b) Adequate opportunity to respond.
(c) Appeal of the decision to the Florida Elections
Commission. Such appeals shall be exempt from the
confidentiality provisions of s. 106.25.
History.—s. 3, ch. 73-128; s. 3, ch. 74-200; s.1, ch. 77-174; s.41, ch. 77-175; s.
18, ch.79.365; s. 25, ch. 81-304; s. ch. 82-143; s. 36, ch. 84-302; s. 5, ch. 89-256;
s. 27, ch. 90-315; s. 3, ch. 2006-300; s. 21, ch. 2010-167.
106.04 Committees of continuous existence.—
(1) In order to qualify as a committee of continuous
existence for the purposes of this chapter, a group,
o rganization, association, or other such entity which is
involved in making contributions to candidates, political
committees, or political parties, shall meet the following
criteria•
(a) It shall be organized and operated in accordance
with a written charter or set of bylaws which contains
procedures for the election of officers and directors and
which clearly defines membership in the organization
and
(b) At least 25 percent of the income of such
o rganization, excluding interest, must be derived from
dues or assessments payable on a regular basis by its
membership pursuant to provisions contained in the
charter or bylaws. Dues may be collected by a group,
o rganization, association, or other such entity from its
members and forwarded to the committee of continuous
existence. The committee of continuous existence shall
report such dues as if it had received the dues directly
from its members, in the manner prescribed in subsec-
tion (4).
(2) Any group organization, association, or other
entity may seek certification from the Department of
State as a committee of continuous existence by filing
an application with the Division of Elections on a form
provided by the division Such application shall provide
the information required of political committees by s.
106.03(2). Each application shall be accompanied by
the name and street address of the principal officer of
the applying entity as of the date of the application; a
copy of the charter or bylaws of the organization; a copy
of the dues or assessment schedule of the organization
o r formula by which dues or assessments are levied
and a complete financial statement or annual audit
summarizing all income received, and all expenses
incurred, by the organization during the 12 months
preceding the date of application. A membership list
shall be made available for inspection if deemed
necessary by the division.
(3) If the Division of Elections finds that an applying
o rganization meets the criteria for a committee of
105
continuous existence as provided by subsection (1), it
shall certify such findings and notify the applying
organization of such certification. If it finds that an
applying organization does not meet the criteria for
certification, it shall notify the organization of such
findings and shall state the reasons why such criteria
are not met
(4)(a) Each committee of continuous existence shall
file an annual report with the Division of Elections during
the month of January. Such annual reports shall contain
the same information and shall be accompanied by the
same materials as original applications filed pursuant to
subsection (2). However, the charter or bylaws need not
be filed if the annual report is accompanied by a sworn
statement by the chair that no changes have been made
to such charter or bylaws since the last filing.
(b)1. Each committee of continuous existence shall
file regular reports with the Division of Elections at the
same times and subject to the same filing conditions as
are established by s. 106.07(1) and (2) for candidates'
reports.
2. Any committee of continuous existence failing to
so file a report with the Division of Elections pursuant to
this paragraph on the designated due date shall be
subject to a fine for late filing as provided by this section.
(c) All committees of continuous existence shall file
their reports with the Division of Elections. Reports shall
be filed in accordance with s. 106.0705 and shall
contain the following information:
1 The full name, address, and occupation of each
person who has made one or more contributions,
including contributions that represent the payment of
membership dues to the committee during the reporting
period, together. with the amounts and dates of such
contributions For corporations, the report must provide
as clear a description as practicable of the principal type
of business conducted by the corporation However, if
the contribution is $100 or less, the occupation of the
contributor or principal type of business need not be
listed However, for any contributions that represent the
payment of dues by members in a fixed amount
aggregating no more than $250 per calendar year,
pursuant to the schedule on file with the Division of
Elections, only the aggregate amount of such contribu-
tions need be listed together with the number of
members paying such dues and the amount of the
membership dues.
2. The name and address of each political commit-
tee or committee of continuous existence from which
the reporting committee received or the name and
address of each political committee, committee of
continuous existence or political party to which it
made, any transfer of funds together with the amounts
and dates of all transfers.
3. Any other receipt of funds not listed pursuant to
subparagraph 1. or subparagraph 2. including the
sources and amounts of all such funds.
4. The name and address of, and office sought by,
each candidate to whom the committee has made a
contribution during the reporting period, together with
the amount and date of each contribution
5. The full name and address of each person to
whom expenditures have been made by or on behalf of
Ch. 106
CAMPAIGN FINANCING F.S. 2010
the committee within the reporting period; the amount,
date, and purpose of each such expenditure; and the
name and address, and office sought by, each candi-
date on whose behalf such expenditure was made.
6. The full name and address of each person to
whom an expenditure for personal services, salary, or
reimbursement for authorized expenses has been
made, including the full name and address of each
entity to whom the person made payment for which
reimbursement was made by check drawn upon the
committee account, together with the amount and
purpose of such payment.
7. Transaction information from each credit card
statement that will be included in the next report
following receipt thereof by the committee. Receipts
for each credit card purchase shall be retained by the
treasurer with the records for the committee account.
8. The total sum of expenditures made by the
committee during the reporting period.
(d) The treasurer of each committee shall certify as
to the correctness of each report and shall bear the
responsibility for its accuracy and veracity. Any treas-
urer who willfully certifies to the correctness of a report
while knowing that such report is incorrect, false, or
incomplete commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(5) No committee of continuous existence shall
make an electioneering communication, contribute to
any candidate or political committee an amount in
excess of the limits contained in s. 106.08(1), or
participate in any activity which is prohibited by this
chapter. If any violation occurs, it shall be punishable as
provided in this chapter for the given offense. No funds
of a committee of continuous existence shall be
expended on behalf of a candidate, except by means
of a contribution made through the duly appointed
campaign treasurer of a candidate. No such committee
shall make expenditures in support of, or in opposition
to an issue unless such committee first registers as a
political committee pursuant to this chapter and under-
takes all the practices and procedures required thereof;
provided such committee may make contributions in a
total amount not to exceed 25 percent of its aggregate
income, as reflected in the annual report filed for the
previous year, to one or more political committees
registered pursuant to s. 106.03 and formed to support
or oppose issues.
(6) All accounts and records of a committee of
continuous existence may be inspected under reason-
able circumstances by any authorized representative of
the Division of Elections or the Florida Elections
Commission. The right of inspection may be enforced
by appropriate writ issued by any court of competent
jurisdiction.
(7) If a committee of continuous existence ceases to
meet the criteria prescribed by subsection (1), the
D ivision of Elections shall revoke its certification until
such time as the criteria are again met. The Division of
E lections shall promulgate rules to prescribe the
manner in which such certification shall be revoked.
S uch rules shall at a minimum, provide for:
(a) Notice which shall contain the facts and conduct
that warrant the intended action.
106
(b) Adequate opportunity to respond.
(c) Appeal of the decision to the Florida Elections
Commission. Such appeals shall be exempt from the
confidentiality provisions of s. 106 25.
(8)(a) Any committee of continuous existence failing
to file a report on the designated due date shall be
subject to a fine. The fine shall be $50 per day for the
first 3 days late and, thereafter, $500 per day for each
late day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater for the period
covered by the late report. The fine shall be assessed
by the filing officer, and the moneys collected shall be
deposited in the General Revenue Fund. No separate
fine shall be assessed for failure to file a copy of any
report required by this section.
(b) Upon determining that a report is late, the filing
officer shall immediately notify the treasurer of the
committee as to the failure to file a report by the
designated due date and that a fine is being assessed
for each late day. Upon receipt of the report, the filing
officer shall determine the amount of fine which is due
and shall notify the treasurer of the committee. The filing
officer shall determine the amount of the fine due based
upon the earliest of the following*
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). An officer or member of a committee
shall not be personally liable for such fine.
(c) Any treasurer of a committee may appeal or
dispute the fine, based upon unusual circumstances
surrounding the failure to file on the designated due
date, and may request and shall be entitled to a hearing
before the Florida Elections Commission which shall
have the authority to waive the fine in whole or in part
Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the
treasurer of the committee shall, within the 20 -day
period, notify the filing officer in writing of his or her
intention to bring the matter before the commission
(d) The filing officer shall notify the Florida Elections
Commission of the repeated late filing by a committee of
continuous existence the failure of a committee of
continuous existence to file a report after notice or the
failure to pay the fine imposed.
History.—s. 4, ch 73-128; ss 4 16 ch 74-200; s. 1, ch. 77-174; s. 42, ch.
77-175; s. 57, ch. 79-400; s. 26, ch. 81-304; s. 5, ch. 85-226; s. 6, ch. 89-256; s. 28,
ch. 90-315; s. 1, ch. 90-338; ss. 6, 12, ch. 91-107; s. 1, ch. 95-140; s. 639, ch.
95-147; s. 6, ch. 97-13; ss. 3, 16, ch. 2004-252; s. 4, ch. 2006-300; s. 42, ch.
2007-30; s. 22, ch. 2010-167.
106.05 Deposit of contributions; statement of
campaign treasurer. -All funds received by the cam
paign treasurer of any candidate or political committee
shall, prior to the end of the 5th business day following
the receipt thereof, Saturdays Sundays, and legal
holidays excluded, be deposited in a campaign deposi-
tory designated pursuant to s. 106.021, in an account
F.S. 2010
CAMPAIGN FINANCING Ch. 106,
designated " (name of candidate or committee) Campaign
Account." Except for contributions to political commit-
tees made by payroll deduction, all deposits shall be
accompanied by a bank deposit slip containing the
name of each contributor and the amount contributed by
each. If a contribution is deposited in a secondary
campaign depository, the depository shall forward the
full amount of the deposit along with a copy of the
deposit slip accompanying the deposit, to the primary
campaign depository prior to the end of the 1st business
day following the deposit.
History. --s 5, ch. 73-128; s. 1, ch. 76-88; s. 1, ch. 77-174; s. 43, ch. 77-175; s.
7, ch. 89-256; s. 29, ch. 90-315.
106.055 Valuation of in-kind contributions.—
Any person who makes an in-kind contribution shall,
at the time of making such contribution, place a value on
such contribution, which valuation shall be the fair
market value of such contribution. Travel conveyed
upon private aircraft shall be valued at the actual cost of
per person commercial air travel for the same or a
substantially similar route.
History.—s. 44, ch. 77-175; s. 43, ch. 2007-30.
106.06 Treasurer to keep records; inspections.
(1) The campaign treasurer of each candidate and
the campaign treasurer of each political committee shall
keep detailed accounts, current within not more than 2
days after the date of receiving a contribution or making
an expenditure, of all contributions received and all
expenditures made by or on behalf of the candidate or
political committee that are required to be set forth in a
statement filed under this chapter. The campaign
treasurer shall also keep detailed accounts of all
deposits made in any separate interest-bearing account
or certificate of deposit and of all withdrawals made
therefrom to the pnmary depository and of all interest
earned thereon.
(2) Accounts, including separate interest-bearing
accounts and certificates of deposit kept by the
campaign treasurer of a candidate or political committee
may be inspected under reasonable circumstances
before, during or after the election to which the
accounts refer by any authorized representative of the
Division of Elections or the Florida Elections Commis-
sion. The right of inspection may be enforced by
appropriate writ issued by any court of competent
jurisdiction. The campaign treasurer of a political
committee supporting a candidate may be joined with
the campaign treasurer of the candidate as respondent
in such a proceeding.
(3) Accounts kept by a campaign treasurer of a
candidate shall be preserved by the campaign treasurer
for a number of years equal to the term of office of the
office to which the candidate seeks election Accounts
kept by a campaign treasurer of a political committee
shall be preserved by such treasurer for at least 2 years
after the date of the election to which the accounts refer.
History. -s. 6, ch. 73-128; s 45, ch. 77-175; s. 3, ch. 79-378; s. 8, ch 89-256; s.
30, ch. 90-315.
106.07 Reports; certification and filing.—
(1) Each campaign treasurer designated by a can-
didate or political committee pursuant to s. 106.021 shall
file regular reports of all contributions received and all
expenditures made, by or on behalf of such candidate or
political committee. Reports shall be filed on the 10th
day following the end of each calendar quarter from the
time the campaign treasurer is appointed, except that, if
the 10th day following the end of a calendar quarter
occurs on a Saturday, Sunday, or legal holiday, the
report shall be filed on the next following day which is
not a Saturday, Sunday, or legal holiday. Quarterly
reports shall include all contributions received and
expenditures made during the calendar quarter which
have not otherwise been reported pursuant to this
section.
(a) Except as provided in paragraph (b), following
the last day of qualifying for office, the reports shall be
filed on the 32nd, 18th and 4th days immediately
preceding the primary and on the 46th, 32nd, 18th, and
4th days immediately preceding the election, for a
candidate who is opposed in seeking nomination or
election to any office, for a political committee, or for a
committee of continuous existence.
(b) Following the last day of qualifying for office, any
statewide candidate who has requested to receive
contributions from the "'Election Campaign Financing
Trust Fund or any statewide candidate in a race with a
candidate who has requested to receive contributions
from the trust fund shall file reports on the 4th, 11th,
18th, 25th, and 32nd days prior to the primary election,
and on the 4th 11th, 18th, 25th 32nd 39th, 46th, and
53rd days prior to the general election.
(c) Following the last day of qualifying for office, any
unopposed candidate need only file a report within 90
days after the date such candidate became unopposed.
Such report shall contain all previously unreported
contributions and expenditures as required by this
section and shall reflect disposition of funds as required
by s. 106.141.
(d)1. When a special election is called to fill a
vacancy in office, all political committees and commit-
tees of continuous existence making contributions or
expenditures to influence the results of such special
election shall file campaign treasurers' reports with the
filing officer on the dates set by the Department of State
pursuant to s. 100.111.
2. When an election is called for an issue to appear
on the ballot at a time when no candidates are
scheduled to appear on the ballot, all political commit-
tees making contributions or expenditures in support of
or in opposition to such issue shall file reports on the
18th and 4th days prior to such election.
(e) The filing officer shall provide each candidate
with a schedule designating the beginning and end of
reporting periods as well as the corresponding desig-
nated due dates.
(2)(a)1 All reports required of a candidate by this
section shall be filed with the officer before whom the
candidate is required by law to qualify. All candidates
who file with the Department of State shall file their
reports pursuant to s. 106.0705. Except as provided in
s. 106.0705, reports shall be filed not later than 5 p m of
the day designated; however, any report postmarked by
the United States Postal Service no later than midnight
of the day designated shall be deemed to have been
107
Ch. 106 CAMPAIGN FINANCING F.S. 2010
filed in a timely manner. Any report received by the filing
officer within 5 days after the designated due date that
was delivered by the United States Postal Service shall
be deemed timely filed unless it has a postmark that
indicates that the report was mailed after the designated
due date. A certificate of mailing obtained from and
dated by the United States Postal Service at the time of
mailing, or a receipt from an established courier
company, which bears a date on or before the date
on which the report is due, shall be proof of mailing in a
timely manner. Reports shall contain information of all
previously unreported contributions received and ex-
penditures made as of the preceding Friday, except that
the report filed on the Friday immediately preceding the
election shall contain information of all previously
unreported contributions received and expenditures
made as of the day preceding that designated due
date. All such reports shall be open to public inspection.
2. This subsection does not prohibit the governing
body of a political subdivision, by ordinance or resolu-
tion, from imposing upon its own officers and candidates
electronic filing requirements not in conflict with s.
106.0705. Expenditure of public funds for such purpose
is deemed to be for a valid public purpose.
(b)1. Any report which is deemed to be incomplete
by the officer with whom the candidate qualifies shall be
accepted on a conditional basis, and the campaign
treasurer shall be notified by registered mail as to why
the report is incomplete and be given 3 days from
receipt of such notice to file an addendum to the report
providing all information necessary to complete the
report in compliance with this section Failure to file a
complete report after such notice constitutes a violation
of this chapter.
2 In lieu of the notice by registered mail as required
in subparagraph 1., the qualifying officer may notify the
campaign treasurer by telephone that the report is
incomplete and request the information necessary to
complete the report If, however, such information is not
received by the qualifying officer within 3 days after the
telephone request therefor notice shall be sent by
registered mail as provided in subparagraph 1.
(3) Reports required of a political committee shall be
filed with the agency or officer before whom such
committee registers pursuant to s. 106.03(3) and shall
be subject to the same filing conditions as established
for candidates reports. Incomplete reports by political
committees shall be treated in the manner provided for
incomplete reports by candidates in subsection (2)
(4)(a) Each report required by this section shall
contain
1 The full name, address, and occupation, if any of
each person who has made one or more contributions to
or for such committee or candidate within the reporting
period, together with the amount and date of such
contributions. For corporations, the report must provide
as clear a description as practicable of the principal type
of business conducted by the corporation. However if
the contribution is $100 or less or is from a relative as
defined in s 112 312, provided that the relationship is
reported, the occupation of the contributor or the
principal type of business need not be listed.
108
2. The name and address of each political commit-
tee from which the reporting committee or the candidate
received, or to which the reporting committee or
candidate made any transfer of funds, together with
the amounts and dates of all transfers.
3. Each loan for campaign purposes to or from any
person or political committee within the reporting period,
together with the full names, addresses and occupa-
tions, and principal places of business, if any, of the
lender and endorsers, if any, and the date and amount
of such loans.
4. A statement of each contribution, rebate, refund,
or other receipt not otherwise listed under subpara-
graphs 1. through 3
5. The total sums of all loans, in-kind contributions,
and other receipts by or for such committee or candidate
during the reporting period. The reporting forms shall be
designed to elicit separate totals for in-kind contribu-
tions loans, and other receipts.
6. The full name and address of each person to
whom expenditures have been made by or on behalf of
the committee or candidate within the reporting period
the amount, date, and purpose of each such expendi-
ture; and the name and address of and office sought by,
each candidate on whose behalf such expenditure was
made However, expenditures made from the petty cash
fund provided by s. 106.12 need not be reported
individually.
7. The full name and address of each person to
whom an expenditure for personal services, salary, or
reimbursement for authorized expenses as provided in
s. 106.021(3) has been made and which is not other-
wise reported, including the amount, date, and purpose
of such expenditure. However, expenditures made from
the petty cash fund provided for in s. 106.12 need not be
reported individually.
8. The total amount withdrawn and the total amount
spent for petty cash purposes pursuant to this chapter
during the reporting period.
9. The total sum of expenditures made by such
committee or candidate during the reporting penod.
10. The amount and nature of debts and obligations
owed by or to the committee or candidate, which relate
to the conduct of any political campaign.
11. A copy of each credit card statement which shall
be included in the next report following receipt thereof
by the candidate or political committee. Receipts for
each credit card purchase shall be retained by the
treasurer with the records for the campaign account
12. The amount and nature of any separate interest-
bearing accounts or certificates of deposit and identi-
fication of the financial institution in which such accounts
or certificates of deposit are located.
13. The primary purposes of an expenditure made
indirectly through a campaign treasurer pursuant to s.
106.021(3) for goods and services such as commu-
nications media placement or procurement services,
campaign signs, insurance and other expenditures that
include multiple components as part of the expenditure.
The primary purpose of an expenditure shall be that
purpose, including integral and directly related compo-
nents, that comprises 80 percent of such expenditure.
F.S. 2010
CAMPAIGN FINANCING Ch. 106
(b) The filing officer shall make available to any
candidate or committee a reporting form which the
candidate or committee may use to indicate contribu-
tions received by the candidate or committee but
returned to the contributor before deposit.
(5) The candidate and his or her campaign treas-
urer in the case of a candidate, or the political
committee chair and campaign treasurer of the com-
mittee, in the case of a political committee, shall certify
as to the correctness of each report; and each person so
certifying shall bear the responsibility for the accuracy
and veracity of each report. Any campaign treasurer,
candidate, or political committee chair who willfully
certifies the correctness of any report while knowing
that such report is incorrect, false, or incomplete
commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
(6) The campaign depository shall return all checks
drawn on the account to the campaign treasurer who
shall retain the records pursuant to s. 106.06. The
records maintained by the depository with respect to
such account shall be subject to inspection by an agent
of the Division of Elections or the Florida Elections
Commission at any time during normal banking hours,
and such depository shall furnish certified copies of any
of such records to the Division of Elections or Florida
Elections Commission upon request
(7) Notwithstanding any other provisions of this
chapter, in any reporting period during which a candi-
date, political committee, or committee of continuous
existence has not received funds made any contribu-
tions, or expended any reportable funds, the filing of the
required report for that period is waived. However the
next report filed must specify that the report covers the
entire period between the last submitted report and the
report being filed, and any candidate, political commit-
tee, or committee of continuous existence not reporting
by virtue of this subsection on dates prescribed else-
where in this chapter shall notify the filing officer in
writing on the prescribed reporting date that no report is
being filed on that date.
(8)(a) Any candidate or political committee failing to
file a report on the designated due date shall be subject
to a fine as provided in paragraph (b) for each late day
and, in the case of a candidate such fine shall be paid
only from personal funds of the candidate. The fine shall
be assessed by the filing officer and the moneys
collected shall be deposited:
1. In the General Revenue Fund, in the case of a
candidate for state office or a political committee that
registers with the Division of Elections• or
2. In the general revenue fund of the political
subdivision, in the case of a candidate for an office of
a political subdivision or a political committee that
registers with an officer of a political subdivision.
No separate fine shall be assessed for failure to file a
copy of any report required by this section
(b) Upon determining that a report is late, the filing
officer shall immediately notify the candidate or chair of
the political committee as to the failure to file a report by
the designated due date and that a fine is being
assessed for each late day. The fine shall be $50 per
109
day for the first 3 days late and, thereafter, $500 per day
for each late day, not to exceed 25 percent of the total
receipts or expenditures, whichever is greater for the
period covered by the late report. However, for the
reports immediately preceding each primary and gen-
e ral election, the fine shall be $500 per day for each late
day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater for the period
covered by the late report. For reports required under
s. 106.141(7), the fine is $50 per day for each late day,
not to exceed 25 percent of the total receipts or
expenditures, whichever is greater for the period
covered by the late report. Upon receipt of the report
the filing officer shall determine the amount of the fine
which is due and shall notify the candidate or chair The
filing officer shall determine the amount of the fine due
based upon the earliest of the following.
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
5. When the electronic receipt issued pursuant to s.
106.0705 or other electronic filing system authorized in
this section is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). In the case of a candidate, such fine
shall not be an allowable campaign expenditure and
shall be paid only from personal funds of the candidate
An officer or member of a political committee shall not
be personally liable for such fine,
(c) Any candidate or chair of a political committee
may appeal or dispute the fine based upon, but not
limited to, unusual circumstances surrounding the fail-
u re to file on the designated due date, and may request
and shall be entitled to a hearing before the Florida
Elections Commission, which shall have the authority to
waive the fine in whole or in part. The Florida Elections
Commission must consider the mitigating and aggra-
vating circumstances contained in s. 106.265(1) when
determining the amount of a fine, if any, to be waived.
Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the
candidate or chair of the political committee shall, within
the 20 -day period, notify the filing officer in writing of his
o r her intention to bring the matter before the commis-
sion.
(d) The appropriate filing officer shall notify the
Florida Elections Commission of the repeated late filing
by a candidate or political committee the failure of a
candidate or political committee to file a report after
notice or the failure to pay the fine imposed. The
commission shall investigate only those alleged late
filing violations specifically identified by the filing officer
and as set forth in the notification Any other alleged
violations must be separately stated and reported by the
division to the commission under s. 106 25(2).
Ch. 106
CAMPAIGN FINANCING F.S. 2010
(9) The Department of State may prescribe by rule
the requirements for filing campaign treasurers' reports
as set forth in this chapter.
History. -s. 7, ch. 73-128; ss. 5 15, 17, ch. 74-200; ss. 1, 2, ch. 75-8; s. 2, ch.
75.139; s.1, ch. 77-174 s. 46, ch. 77-175; s. 23, ch. 79-164; ss. 7, 8, ch. 79-365; s.
4, ch. 79-378; s 58, ch. 79-400; s. 52, ch. 81-259; s. 27, ch. 81-304; s. 2, ch. 82-143;
s. 11, ch. 83-251; s. 37 ch. 84-302; s. 6, ch. 85-226; s. 1, ch. 86-134; s. 13, ch.
87-224; s. 9, ch. 89-256 s. 31, ch. 90-315; s. 2, ch. 90-338; s. 18, ch. 90-502; s. 7,
ch. 91-107; s. 2, ch. 95-140; s. 640, ch. 95-147; s. 15, ch. 95-280; $. 7, ch. 97-13; s.
6, ch.2001-75; s. 29, ch 2002-17; s. 2, ch. 2002-197; s. 8, ch. 2003-1; ss. 17, 18, ch.
2004-252; s, 24, ch. 2005-286; ss. 5, 10, ch. 2006-300; s. 29, ch. 2008-95,
'Note. -The trust fund expired, effective November 4, 1996, by operation 01 s.
19(1), Art. 111 of the State Constitution.
106.0701 Solicitation of contributions on behalf
of s 527 or s. 501(c)(4) organizations; reporting
requirements; civil penalty; exemption. -
(1) The Governor, Lieutenant Governor, members
of the Cabinet, state legislators, or candidates for such
offices who directly or indirectly solicit, cause to be
solicited, or accept any contribution on behalf of an
organization that is exempt from taxation under s 527 or
s. 501(c)(4) of the Internal Revenue Code, which such
individuals, in whole or in part, establish, maintain, or
control, shall file a statement with the division within 5
days after commencing such activity on behalf of the
organization. The statement shall contain the following
information:
(a) The name of the person acting on behalf of the
organization.
(b) The name and type of the organization.
(c) A description of the relationship between the
person and the organization.
(2) Failure to timely file the statement shall subject
the person to a civil penalty of $50 per day for each late
day payable from the personal funds of the violator.
(3) Upon filing a statement with the division, an
individual subject to the requirements of subsection (1)
shall promptly create a public website that contains a
mission statement and the names of persons asso-
ciated with the organization. The address of the website
shall be reported to the division within 5 business days
after the website Is created.
(4) All contributions received shall be disclosed on
the website within 5 business days after deposit
together with the name, address, and occupation of
the donor. All expenditures by the organization shall be
individually disclosed on the website within 5 business
days after being made.
(5) The filing requirements of subsection (1) do not
apply to an individual acting on behalf of his or her own
campaign or a political party of which the individual is a
member.
History. -s. 6, ch. 2006-300.
106.0703 Electioneering communications orga-
nizations, reporting requirements; certification and
filing; penalties
(1)(a) Each electioneering communications organi-
zation shall file regular reports of all contributions
received and all expenditures made by or on behalf of
the organization Reports shall be filed on the 10th day
following the end of each calendar quarter from the time
the organization is registered. However, if the 10th day
following the end of a calendar quarter occurs on a
Saturday, Sunday, or legal holiday, the report shall be
filed on the next following day that is not a Saturday,
Sunday, or legal holiday. Quarterly reports shall include
all contributions received and expenditures made during
the calendar quarter that have not otherwise been
reported pursuant to this section.
(b) Following the last day of candidates qualifying for
office, the reports shall be filed on the 32nd, 18th, and
4th days immediately preceding the primary election
and on the 46th, 32nd, 18th, and 4th days immediately
preceding the general election.
(c) When a special election is called to fill a vacancy
in office, all electioneering communications organiza-
tions making contributions or expenditures to influence
the results of the special election shall file reports with
the filing officer on the dates set by the Department of
State pursuant to s 100 111.
(d) In addition, an electioneering communications
organization that is registered with the Department of
State and that makes a contribution or expenditure to
influence the results of a county or municipal election
that is not being held at the same time as a state or
federal election must file reports with the county or
municipal filing officer on the same dates as county or
municipal candidates or committees for that election.
The electioneering communications organization must
also include the expenditure in the next report filed with
the Division of Elections pursuant to this section
following the county or municipal election.
(e) The filing officer shall make available to each
electioneering communications organization a schedule
designating the beginning and end of reporting periods
as well as the corresponding designated due dates.
(2)(a) Except as provided in s. 106.0705, the reports
required of an electioneering communications organi-
zation shall be filed with the filing officer not later than 5
p.m. of the day designated. However, any report
postmarked by the United States Postal Service no
later than midnight of the day designated shall be
deemed to have been filed in a timely manner. Any
report received by the filing officer within 5 days after the
designated due date that was delivered by the United
States Postal Service shall be deemed timely filed
unless it has a postmark that indicates that the report
was mailed after the designated due date. A certificate
of mailing obtained from and dated by the United States
Postal Service at the time of mailing or a receipt from an
established courier company, which bears a date on or
before the date on which the report is due shall be proof
of mailing in a timely manner. Reports shall contain
information of all previously unreported contributions
received and expenditures made as of the preceding
Friday, except that the report filed on the Friday
immediately preceding the election shall contain infor-
mation of all previously unreported contributions re-
ceived and expenditures made as of the day preceding
the designated due date, All such reports shall be open
to public inspection.
(b)1 Any report that is deemed to be incomplete by
the officer with whom the electioneering communica-
tions organization files shall be accepted on a condi-
tional basis. The treasurer of the electioneering com-
munications organization shall be notified, by certified
mail or other common carrier that can establish proof of
110
F.S. 2010
CAMPAIGN FINANCING Ch. 106
delivery for the notice, as to why the report is incom-
plete. Within 7 days after receipt of such notice, the
treasurer must file an addendum to the report providing
all information necessary to complete the report in
compliance with this section. Failure to file a complete
report after such notice constitutes a violation of this
chapter.
2 Notice is deemed sufficient upon proof of deliv-
e ry of written notice to the mailing or street address of
the treasurer or registered agent of the electioneering
communication organization on record with the filing
officer.
(3)(a) Each report required by this section must
contain'
1 The full name, address, and occupation, if any, of
each person who has made one or more contributions to
o r for such electioneering communications organization
within the reporting period, together with the amount
and date of such contributions. For corporations, the
report must provide as clear a description as practicable
of the principal type of business conducted by the
corporation. However, if the contribution is $100 or less,
the occupation of the contributor or the principal type of
business need not be listed.
2 The name and address of each political commit-
tee from which or to which the reporting electioneering
communications organization made any transfer of
funds, together with the amounts and dates of all
transfers.
3. Each loan for electioneering communication
purposes to or from any person or political committee
within the reporting period, together with the full names,
addresses, and occupations and principal places of
business, if any of the lender and endorsers if any, and
the date and amount of such loans.
4. A statement of each contribution, rebate, refund,
o r other receipt not otherwise listed under subpara-
graphs 1.-3.
5. The total sums of all loans, in-kind contributions,
and other receipts by or for such electioneering com-
munications organization during the reporting period.
The reporting forms shall be designed to elicit separate
totals for in-kind contributions, loans, and other receipts.
6. The full name and address of each person to
whom expenditures have been made by or on behalf of
the electioneering communications organization within
the reporting period and the amount, date, and purpose
of each expenditure. .
7. The full name and address of each person to
whom an expenditure for personal services, salary, or
reimbursement for expenses has been made and that is
n ot otherwise reported including the amount, date, and
purpose of the expenditure.
8. The total sum of expenditures made by the
e lectioneering communications organization during
the reporting period.
9. The amount and nature of debts and obligations
owed by or to the electioneering communications
organization that relate to the conduct of any electio-
n eering communication.
10. The amount and nature of any separate interest-
bearing accounts or certificates of deposit and
111
identification of the financial institution in which such
accounts or certificates of deposit are located.
11. The primary purposes of an expenditure made
indirectly through an electioneering communications
o rganization for goods and services such as commu-
n ications media placement or procurement services and
other expenditures that include multiple components as
part of the expenditure. The primary purpose of an
expenditure shall be that purpose, including integral and
directly related components that comprises 80 percent
of such expenditure.
(b) The filing officer shall make available to any
electioneering communications organization a reporting
form which the electioneering communications organi-
zation may use to indicate contributions received by the
e lectioneering communications organization but re-
turned to the contributor before deposit.
(4) The treasurer of the electioneering communica-
tions organization shall certify as to the correctness of
each report and each person so certifying shall bear the
responsibility for the accuracy and veracity of each
report. Any treasurer who willfully certifies the correct-
ness of any report while knowing that such report is
incorrect, false, or incomplete commits a misdemeanor
of the first degree, punishable as provided in s. 775.082
or s. 775 083
(5) The electioneering communications organization
depository shall provide statements reflecting deposits
and expenditures from the account to the treasurer, who
shall retain the records pursuant to s. 106.06. The
records maintained by the depository with respect to the
account shall be subject to inspection by an agent of the
Division of Elections or the Florida Elections Commis-
sion at any time during normal banking hours, and such
depository shall furnish certified copies of any such
records to the Division of Elections or the Florida
Elections Commission upon request. -
(6) Notwithstanding any other provisions of this
chapter in any reporting period during which an
electioneering communications organization has not
received funds, made any contributions, or expended
any reportable funds, the treasurer shall file a written
report with the filing officer by the prescribed reporting
date that no reportable contributions or expenditures
were made during the reporting period.
(7)(a) Any electioneering communications organiza-
tion failing to file a report on the designated due date
shall be subject to a fine as provided in paragraph (b) for
each late day. The fine shall be assessed by the filing
officer and the moneys collected shall be deposited:
1. In the General Revenue Fund, in the case of an
electioneering communications organization that regis-
ters with the Division of Elections' or
2. In the general revenue fund of the political
subdivision, in the case of an electioneering commu-
n ications organization that registers with an officer of a
political subdivision.
No separate fine shall be assessed for failure to file a
copy of any report required by this section
(b) Upon determining that a report is late the filing
officer shall immediately notify the electioneering com-
munications organization as to the failure to file a report
Ch. 106 CAMPAIGN FINANCING F.S. 2010
by the designated due date and that a fine is being
assessed for each late day. The fine shall be $50 per
day for the first 3 days late and, thereafter, $500 per day
for each late day, not to exceed 25 percent of the total
receipts or expenditures, whichever is greater for the
period covered by the late report. However, for the
reports immediately preceding each primary and gen-
eral election, the fine shall be $500 per day for each late
day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the period
covered by the late report. Upon receipt of the report
the filing officer shall determine the amount of the fine
which is due and shall notify the electioneering com-
munications organization. The filing officer shall deter-
mine the amount of the fine due based upon the earliest
of the following:
1. When the report is actually received by such
officer.
2 When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated,
5. When the electronic receipt issued pursuant to s.
106.0705 or other electronic filing system authorized in
this section is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). Notice is deemed sufficient upon proof
of delivery of written notice to the mailing or street
address on record with the filing officer. An officer or
member of an electioneering communications organi-
zation shall not be personally liable for such fine.
(c) The treasurer of an electioneering communica-
tions organization may appeal or dispute the fine, based
upon, but not limited to, unusual circumstances sur-
rounding the failure to file on the designated due date,
and may request and shall be entitled to a hearing
before the Florida Elections Commission which shall
have the authority to waive the fine in whole or in part
The Florida Elections Commission must consider the
mitigating and aggravating circumstances contained in
s. 106.265(1) when determining the amount of a fine, if
any to be waived. Any such request shall be made
within 20 days after receipt of the notice of payment due.
In such case, the treasurer of the electioneering
communications organization shall, within the 20 -day
period, notify the fi ing officer in writing of his or her
intention to bring the matter before the commission
(d) The appropriate filing officer shall notify the
Florida Elections Commission of the repeated late filing
by an electioneering communications organization, the
failure of an electioneering communications organiza-
tion to file a report after notice, or the failure to pay the
fine imposed. The commission shall investigate only
those alleged late filing violations specifically identified
by the filing officer and as set forth in the notification
Any other alleged violations must be stated separately
and reported by the division to the commission under s.
106.25(2)
(8) An electioneering communications organization
shall, within 2 days after receiving its initial password or
secure sign -on from the Department of State allowing
confidential access to the department's electronic
campaign finance filing system, electronically file the
periodic reports that would have been required pursuant
to this section for reportable activities that occurred
since the date of the last general election.
(9) Electioneering communications organizations
shall not use credit cards
History.—s. 7, ch. 2006 300; s. 23, ch. 2010-167.
106.0705 Electronic filing of campaign treasur-
er's reports.—
(1) As used in this section, 'electronic filing system"
means an Internet system for recording and reporting
campaign finance activity by reporting period.
(2)(a) Each candidate who is required to file reports
pursuant to s. 106.07 with the division must file such
reports with the division by means of the division's
electronic filing system.
(b) Each political committee, committee of contin-
uous existence, electioneering communications organi-
zation, or state executive committee that is required to
file reports with the division under s. 106 04, s. 106.07,
s 106.0703, or s. 106 29, as applicable, must file such
reports with the division by means of the division's
electronic filing system.
(c) Each person or organization that is required to
file reports with the division under s. 106.071 must file
such reports with the division by means of the division's
electronic filing system.
(3) Reports filed pursuant to this section shall be
completed and filed through the electronic filing system
not later than midnight of the day designated. Reports
not filed by midnight of the day designated are late filed
and are subject to the penalties under s 106.04(8), s
106.07(8), s. 106.0703(7), or s. 106.29(3), as applic-
able
(4) Each report filed pursuant to this section is
considered to be under oath by the candidate and
treasurer, the chair and treasurer, or the treasurer under
s. 106.0703, whichever is applicable and such persons
are subject to the provisions of s. 106 04(4)(d), s.
106.07(5), s. 106.0703(4) or s. 106.29(2), as applic-
able Persons given a secure sign -on to the electronic
filing system are responsible for protecting such from
disclosure and are responsible for all filings using such
credentials, unless they have notified the division that
their credentials have been compromised.
(5) The electronic filing system developed by the
division must
(a) Be based on access by means of the Internet.
(b) Be accessible by anyone with Internet access
using standard web -browsing software
(c) Provide for direct entry of campaign finance
information as well as upload of such information from
campaign finance software certified by the division.
(d) Provide a method that prevents unauthorized
access to electronic filing system functions.
(6) The division shall adopt rules pursuant to ss.
120.536(1) and 120.54 to administer this section and
provide for the reports required to be filed pursuant to
this section. Such rules shall, at a minimum, provide:
112
F.S. 2010
CAMPAIGN FINANCING Ch. 106
(a) Alternate filing procedures in case the division's
electronic filing system is not operable.
(b) For the issuance of an electronic receipt to the
person submitting the report indicating and verifying that
the report has been filed.
(7) Notwithstanding anything in law to the contrary,
any report required to have been filed under this section
for the period ended March 31, 2005, shall be deemed
to have been timely filed if the report is filed under this
section on or before June 1 2005.
History.—s.19,ch. 2004-252;s.45, ch. 2005-278; s. 8, ch. 2006-300; s. 24, ch.
2010 167.
106.0706 Electronic filing of campaign finance
reports; public records exemption.—
(1) All user identifications and passwords held by
the Department of State pursuant to s. 106.0705 are
confidential and exempt from s. 119 07(1) and s. 24(a),
Art. I of the State Constitution.
(2)(a) Information entered in the electronic filing
system for purposes of generating a report pursuant
to s 106.0705 is exempt from s. 119.07(1) and s, 24(a)
Art. I of the State Constitution.
(b) Information entered in the electronic filing system
is no longer exempt once the report is generated and
filed with the Division of Elections.
History —s 1, ch. 2004-253; s 16, ch. 2008-4; s. 1, ch. 2009-149.
106.071 Independent expenditures; electioneer-
ing communications; reports; disclaimers.—
(1) Each person who makes an independent ex-
penditure with respect to any candidate or issue, and
each individual who makes an expenditure for an
electioneering communication which is not otherwise
reported pursuant to this chapter which expenditure, in
the aggregate, is in the amount of $5,000 or more, shall
file periodic reports of such expenditures in the same
manner, at the same time, subject to the same
penalties, and with the same officer as a political
committee supporting or opposing such candidate or
issue. The report shall contain the full name and
address of the person making the expenditure; the full
name and address of each person to whom and for
whom each such expenditure has been made; the
amount, date, and purpose of each such expenditures a
description of the services or goods obtained by each
such expenditure; the issue to which the expenditure
relates; and the name and address of and office sought
by, each candidate on whose behalf such expenditure
was made.
(2) Any political advertisement paid for by an
independent expenditure shall prominently state "Paid
political advertisement paid for by (Name and address of person
oavino for advertisement) independently of any (candidate or
committee)
(3) Subsection (2) does not apply to novelty items
having a retail value of $10 or less which support, but do
not oppose, a candidate or issue.
(4) Any person who fails to include the disclaimer
prescribed in subsection (2) in any political advertise-
ment that is required to contain such disclaimer commits
113
a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
History.—s. 47, ch. 77-175; s. 10, ch. 89-256; s. 4, ch. 2004-252; s. 25, ch.
2010-167.
106.075 Elected officials; report of loans made
in year preceding election; limitation on contribu-
tions to pay loans. --
(1) A person who is elected to office must report all
loans, exceeding $500 in value made to him or her and
used for campaign purposes and made in the 12
months preceding his or her election to office, to the
filing officer. The report must be made, in the manner
prescribed by the Department of State, within 10 days
after being elected to office.
(2) Any person who makes a contribution to an
individual to pay all or part of a loan incurred, in the 12
months preceding the election, to be used for the
individual's campaign, may not contribute more than
the amount which is allowed in s. 106.08(1).
History.—s. 11, ch. 89-256; s 32, ch 90-315; s. 12, ch. 91-107; s. 641, ch.
95-147.
106.08 Contributions; limitations on.—
(1)(a) Except for political parties, no person, political
committee or committee of continuous existence may
in any election, make contributions in excess of $500 to
any candidate for election to or retention in office or to
any political committee supporting or opposing one or
more candidates. Candidates for the offices of Governor
and Lieutenant Governor on the same ticket are
considered a single candidate for the purpose of this
section.
(b)1. The contribution limits provided in this sub-
section do not apply to contributions made by a state or
county executive committee of a political party regulated
by chapter 103 or to amounts contributed by a candidate
to his or her own campaign
2, Notwithstanding the limits provided in this sub-
section, an unemancipated child under the age of 18
years of age may not make a contribution in excess of
$100 to any candidate or to any political committee
supporting one or more candidates.
(c) The contribution limits of this subsection apply to
each election, For purposes of this subsection, the
primary election and general election are separate
e lections so long as the candidate is not an unopposed
candidate as defined in s. 106.011(15). However, for the
purpose of contribution limits with respect to candidates
for retention as a justice or judge, there is only one
election, which is the general election.
(2)(a) A candidate may not accept contributions from
n ational, state, including any subordinate committee of
a national state, or county committee of a political party,
and county executive committees of a political party,
which contributions in the aggregate exceed $50,000,
no more than $25,000 of which may be accepted prior to
the 28 -day period immediately preceding the date of the
general election.
(b) A candidate for statewide office may not accept
contributions from national, state, or county executive
committees of a political party, including any subordi-
n ate committee of a national, state, or county committee
of a political party, which contributions in the aggregate
Ch. 106 CAMPAIGN FINANCING F.S. 2010
exceed $250,000, no more than $125,000 of which may
be accepted prior to the 28 -day period immediately
preceding the date of the general election. Polling
services, research services, costs for campaign staff
professional consulting services and telephone calls
are not contributions to be counted toward the contribu-
tion limits of paragraph (a) or this paragraph. Any item
not expressly identified in this paragraph as nonalloc-
able is a contribution in an amount equal to the fair
market value of the item and must be counted as
allocable toward the contribution limits of paragraph (a)
or this paragraph. Nonallocable, in-kind contributions
must be reported by the candidate under s. 106.07 and
by the political party under s 106.29.
(3)(a) Any contribution received by a candidate with
opposition in an election or by the campaign treasurer or
a deputy campaign treasurer of such a candidate on the
day of that election or less than 5 days prior to the day of
that election must be returned by him or her to the
person or committee contributing it and may not be used
or expended by or on behalf of the candidate.
(b) Except as otherwise provided in paragraph (c),
any contribution received by a candidate or by the
campaign treasurer or a deputy campaign treasurer of a
candidate after the date at which the candidate with-
draws his or her candidacy or after the date the
candidate is defeated, becomes unopposed, or is
elected to office must be returned to the person or
committee contributing it and may not be used or
expended by or on behalf of the candidate.
(c) With respect to any campaign for an office in
which an independent or minor party candidate has filed
as required in s. 99.0955 or s. 99.096, but whose
qualification is pending a determination by the Depart-
ment of State or supervisor of elections as to whether or
not the required number of petition signatures was
obtained:
1. The department or supervisor shall, no later than
3 days after that determination has been made, notify in
writing all other candidates for that office of that
determination
2. Any contribution received by a candidate or the
campaign treasurer or deputy campaign treasurer of a
candidate after the candidate has been notified in
writing by the department or supervisor that he or she
has become unopposed as a result of an independent or
minor party candidate failing to obtain the required
number of petition signatures shall be returned to the
person political committee, or committee of continuous
existence contributing it and shall not be used or
expended by or on behalf of the candidate.
(4) Any contribution received by the chair campaign
treasurer, or deputy campaign treasurer of a political
committee supporting or opposing a candidate with
opposition in an election or supporting or opposing an
issue on the ballot in an election on the day of that
election or less than 5 days prior to the day of that
election may not be obligated or expended by the
committee until after the date of the election.
(5)(a) A person may not make any contribution
through or in the name of another, directly or indirectly,
in any election.
(b) Candidates, political committees, and political
parties may not solicit contributions from any religious
charitable, civic, or other causes or organizations
established primarily for the public good.
(c) Candidates, political committees, and political
parties may not make contributions, in exchange for
political support, to any religious, charitable, civic, or
other cause or organization established primarily for the
public good. It is not a violation of this paragraph for:
1. A candidate, political committee, or political party
executive committee to make gifts of money in lieu of
flowers in memory of a deceased person;
2. A candidate to continue membership in, or make
regular donations from personal or business funds to,
religious, political party civic, or charitable groups of
which the candidate is a member or to which the
candidate has been a regular donor for more than 6
months; or
3. A candidate to purchase, with campaign funds,
tickets, admission to events, or advertisements from
religious, civic, political party, or charitable groups
(6)(a) A political party may not accept any contribu-
tion that has been specifically designated for the partial
or exclusive use of a particular candidate. Any con-
tribution so designated must be returned to the con-
tributor and may not be used or expended by or on
behalf of the candidate.
(b)1. A political party may not accept any in-kind
contribution that fails to provide a direct benefit to the
political party. A "direct benefit" includes, but is not
limited to, fundraising or furthering the objectives of the
political party.
2 a. An in-kind contribution to a state political party
may be accepted only by the chairperson of the state
political party or by the chairperson's designee or
designees whose names are on file with the division
in a form acceptable to the division prior to the date of
the written notice required in sub -subparagraph b. An in-
kind contribution to a county political party may be
accepted only by the chairperson of the county political
party or by the county chairperson's designee or
designees whose names are on file with the supervisor
of elections of the respective county prior to the date of
the written notice required in sub -subparagraph b.
b. A person making an in kind contribution to a
state political party or county political party must provide
prior written notice of the contribution to a person
described in sub -subparagraph a. The prior written
notice must be signed and dated and may be provided
by an electronic or facsimile message. However, prior
written notice is not required for an in-kind contribution
that consists of food and beverage in an aggregate
amount not exceeding $1,500 which is consumed at a
single sitting or event if such in-kind contribution is
accepted in advance by a person specified in sub -
subparagraph a.
c A person described in sub -subparagraph a. may
accept an in-kind contribution requiring prior written
notice only in a writing that is signed and dated before
the in-kind contribution is made Failure to obtain the
required written acceptance of an in-kind contribution to
a state or county political party constitutes a refusal of
the contribution
114
F.S. 2010
CAMPAIGN FINANCING Ch. 106
d. A copy of each prior written acceptance required
under sub -subparagraph c. must be filed with the
division at the time the regular reports of contributions
and expenditures required under s. 106.29 are filed by
the state executive committee and county executive
committee.
e. An in-kind contribution may not be given to a
state or county political party unless the in-kind con-
tribution is made as provided in this subparagraph.
(7)(a) Any person who knowingly and willfully makes
or accepts no more than one contribution in violation of
subsection (1) or subsection (5), or any person who
knowingly and willfully fails or refuses to return any
contribution as required in subsection (3), commits a
misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s 775.083. If any corporation
partnership, or other business entity or any political
party, political committee, committee of continuous
existence or electioneering communications organiza-
tion is convicted of knowingly and willfully violating any
provision punishable under this paragraph, it shall be
fined not Tess than $1,000 and not more than $1.0 0001 If
it is a domestic ent ty, it may be ordered dissolved by a
court of competent jurisdiction; if it is a foreign or
nonresident business entity, its right to do business in
this state may be forfeited. Any officer, partner, agent,
attorney, or other representative of a corporation,
partnership, or other business entity, or of a political
party, political committee, committee of continuous
existence electioneering communications organization,
o r organization exempt from taxation under s. 527 or s.
501(c)(4) of the Internal Revenue Code, who aids,
abets, advises, or participates in a violation of any
provision punishable under this paragraph commits a
misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s. 775.083.
(b) Any person who knowingly and willfully makes or
accepts two or more contributions in violation of
subsection (1) or subsection (5) commits a felony of
the third degree, punishable as provided in s. 775.082
s 775.083, or s. 775.084. If any corporation, partner-
ship, or other business entity or any political party,
political committee, committee of continuous existence,
o r electioneering communications organization is con-
✓ icted of knowingly and willfully violating any provision
punishable under this paragraph it shall be fined not
less than $10,000 and not more than $50,000. If it is a
domestic entity, it may be ordered dissolved by a court
of competent jurisdiction; if it is a foreign or nonresident
business entity its right to do business in this state may
be forfeited Any officer, partner, agent attorney, or
other representative of a corporation, partnership, or
other business entity or of a political committee,
committee of continuous existence, political party or
electioneering communications organization, or organi-
zation exempt from taxation under s. 527 or s. 501(c)(4)
of the Internal Revenue Code who aids, abets, advises
o r participates in a violation of any provision punishable
u nder this paragraph commits a felony of the third
degree punishable as provided in s. 775 082 s
775.083, or s. 775 084.
(8) Except when otherwise provided in subsection
(7), any person who knowingly and willfully violates any
115
provision of this section shall, in addition to any other
penalty prescribed by this chapter, pay to the state a
sum equal to twice the amount contributed in violation of
this chapter. Each campaign treasurer shall pay all
amounts contributed in violation of this section to the
state for deposit in the General Revenue Fund.
(9) This section does not apply to the transfer of
funds between a primary campaign depository and a
savings account or certificate of deposit or to any
interest earned on such account or certificate.
(10) Contributions to a political committee or commit-
tee of continuous existence may be received by an
affiliated organization and transferred to the bank
account of the political committee or committee of
continuous existence via check written from the af-
filiated organization if such contributions are specifically
identified as intended to be contributed to the political
committee or committee of continuous existence. All
contributions received in this manner shall be reported
pursuant to s. 106.07 by the political committee or
committee of continuous existence as having been
made by the original contributor.
History.—s. 8, ch. 73 128; s. 6, ch 74-200; s. 1, ch. 77-174; s. 48, ch. 77-175; s.
1, ch. 78-403; s 9, ch. 79 365; s. 5, ch. 79-378; s. 7, ch. 85-226; s. 4, ch. 86-134; s.
12, ch. 89-256; ss. 33, 46 ch. 90-315; s. 9, ch. 90-338; s. 11, ch. 91-107; s. 642, ch
95-147; s. 3, ch 97-13; s. 8, ch. 99-355; s. 27, ch. 2002-17; s. 3, ch. 2002-197; s. 1,
ch. 2002-281; s. 68, ch. 2005-277; s.46, ch. 2005-278; s. 25, ch. 2005-286; s. 1, ch.
2005-360; s. 9, ch. 2006-300; s. 44, ch. 2007-30; s. 26, ch. 2010-167.
106.087 Independent expenditures; contribu-
tion limits; restrictions on political parties, political
committees, and committees of continuous exis
tence.—
(1)(a) As a condition of receiving a rebate of filing
fees and party assessment funds pursuant to s
99.061(2), s. 99.092(1), s. 99.103, or s.
103.121(1)(b), the chair or treasurer of a state or county
executive committee shall take and subscribe to an oath
or affirmation in writing. During the qualifying period for
state candidates and prior to distribution of such funds,
a printed copy of the oath or affirmation shall be filed
with the Secretary of State and shall be substantially in
the following form:
State of Florida
County of
Before me, an officer authorized to administer oaths,
personally appeared (name) , to me well known, who,
being sworn says that he or she is the (fille) of the
(name ofoartv) (state orsoecifiedcounty) executive committee;
that the executive committee has not made, either
directly or indirectly, an independent expenditure in
support of or opposition to a candidate or elected public
official in the prior 6 months that the executive
committee will not make, either directly or indirectly,
an independent expenditure in support of or opposition
to a candidate or elected public official, through and
including the upcoming general election; and that the
executive committee will not violate the contribution
limits applicable to candidates under s. 106.08(2),
Florida Statutes.
(Signature of committee officer)
(Address)
Ch. 106
CAMPAIGN FINANCING F.S. 2010
Sworn to and subscribed before me this day of
(year) , at County Florida.
(Signature and title of officer administering oath)
(b) Any executive committee found to have violated
the provisions of the oath or affirmation in this section
prior to receiving funds shall be ineligible to receive the
rebate for that general election year.
(c) Any executive committee found to have violated
the provisions of the oath or affirmation in this section
after receiving funds shall be ineligible to receive the
rebate from candidates qualifying for the following
general election cycle
(d) Any funds not distributed to the state or county
executive committee pursuant to this section shall be
deposited into the General Revenue Fund of the state.
(2)(a) Any political committee or committee of con-
tinuous existence that accepts the use of public funds,
equipment, personnel, or other resources to collect
dues from its members agrees not to make independent
expenditures in support of or opposition to a candidate
or elected public official However, expenditures may be
made for the sole purpose of jointly endorsing three or
more candidates.
(b) Any political committee or committee of contin-
uous existence that violates this subsection is liable for
a civil fine of up to $5,000 to be determined by the
Florida Elections Commission or the entire amount of
the expenditures, whichever is greater.
History.—s. 5 ch. 97-13; s. 14, ch. 99-6.
106.09 Cash contributions and contribution by
cashier's checks.—
(1) A person maynot make or accept a cash
contribution or contribution by means of a cashier's
check in excess of $50.
(2)(a) Any person who makes or accepts a contribu-
tion in excess of $50 in violation of this section commits
a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(b) Any person who knowingly and willfully makes or
accepts a contribution in excess of $5 000 in violation of
this section commits a felony of the third degree
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
History.—s 9, ch. 73-128; s. 48, ch. 77-175; s. 2, ch. 2002-281; s. 45, ch.
2007-30.
106.11 Expenses of and expenditures by candi-
dates and political committees Each candidate and
each political committee which designates a primary
campaign depository pursuant to s. 106.021(1) shall
make expenditures from funds on deposit in such
primary campaign depository only in the following
manner with the exception of expenditures made
from petty cash funds provided by s. 106 12:
(1)(a) The campaign treasurer or deputy campaign
treasurer of a candidate or political committee shall
make expenditures from funds on deposit in the primary
campaign depository only by means of a bank check
drawn upon the campaign account of the candidate or
political committee The campaign account shall be
separate from any personal or other account and shall
be used only for the purpose of depositing contributions
and making expenditures for the candidate or political
committee.
(b) The checks for such account shall contain, as a
minimum, the following information:
1. The statement `Campaign Account of (name of
candidate or oolitical committee) ,'
2. The account number and the name of the bank
3. The exact amount of the expenditure
4. The signature of the campaign treasurer or
deputy treasurer.
5. The exact purpose for which the expenditure is
authorized.
6. The name of the payee.
(2)(a) For purposes of this section, debit cards are
considered bank checks, if
1. Debit cards are obtained from the same bank
that has been designated as the candidate's or political
committee's primary campaign depository.
2. Debit cards are issued in the name of the
treasurer, deputy treasurer, or authorized user and
state "Campaign Account of (name of candidate or political
committee) 3.
iNo more than three debit cards are requested
and issued.
4. Before a debit card is used, a list of all persons
authorized to use the card is filed with the division,
5. All debit cards issued to a candidate's campaign
or a political committee expire no later than midnight of
the last day of the month of the general election.
6. The person using the debit card does not receive
cash as part of, or independent of, any transaction for
goods or services.
7. All receipts for debit card transactions contain:
a. The last four digits of the debit card number.
b. The exact amount of the expenditure.
c. The name of the payee.
d. the signature of the campaign treasurer, deputy
treasurer, or authorized user.
e. The exact purpose for which the expenditure is
authorized.
Any information required by this subparagraph but not
included on the debit card transaction receipt may be
handwritten on, or attached to, the receipt by the
authorized user before submission to the treasurer.
(b) Debit cards are not subject to the requirements
of paragraph (1)(b).
(3) The campaign treasurer, deputy treasurer, or
authorized user who signs the check shall be respon-
sible for the completeness and accuracy of the informa-
tion on such check and for insuring that such expendi-
ture is an authorized expenditure.
(4) No candidate, campaign manager, treasurer
deputy treasurer, or political committee or any officer
or agent thereof, or any person acting on behalf of any of
the foregoing, shall authorize any expenses, nor shall
any campaign treasurer or deputy treasurer sign a
check drawn on the primary campaign account for any
purpose, unless there are sufficient funds on deposit in
the primary depository account of the candidate or
political committee to pay the full amount of the
authorized expense, to honor all other checks drawn
on such account, which checks are outstanding, and to
116
F.S. 2010
CAMPAIGN FINANCING Ch. 106
meet all expenses previously authorized but not yet
paid However, an expense may be incurred for the
purchase of goods or services if there are sufficient
funds on deposit in the primary depository account to
pay the full amount of the incurred expense, to honor all
checks drawn on such account, which checks are
outstanding, and to meet all other expenses previously
authorized but not yet paid provided that payment for
such goods or services is made upon final delivery and
acceptance of the goods or services; and an expendi-
ture from petty cash pursuant to the provisions of s.
106.12 may be authorized, if there is a sufficient amount
of money in the petty cash fund to pay for such
expenditure. Payment for credit card purchases shall
be made pursuant to s. 106.125 Any expense incurred
or authorized in excess of such funds on deposit shall, in
addition to other penalties provided by law constitute a
violation of this chapter. As used in this subsection the
term "sufficient funds on deposit in the primary deposi-
tory account of the candidate or political committee"
means that the funds at issue have been delivered for
deposit to the financial institution at which such account
is maintained. The term shall not be construed to mean
that such funds are available for withdrawal in accor-
dance with the deposit rules or the funds availability
policies of such financial institution.
(5) A candidate who withdraws his or her candidacy,
becomes an unopposed candidate, or is eliminated as a
candidate or elected to office may expend funds from
the campaign account to:
(a) Purchase "thank you" advertising for up to 75
days after he or she withdraws, becomes unopposed, or
is eliminated or elected.
(b) Pay for items which were obligated before he or
she withdrew, became unopposed, or was eliminated or
elected.
(c) Pay for expenditures necessary to close down
the campaign office and to prepare final campaign
reports.
(d) Dispose of surplus funds as provided in s.
106.141.
History —s. 11, ch. 73-128; s. 8, ch. 74-200; s. 48, ch. 77-175; s. 2, ch. 78-403;
s. 10, ch. 79-365; s. 8, ch. 85-226; s. 13, ch. 89-256; s. 14, ch. 91-107; s. 643, ch.
95-147; s. 25, ch. 2002-17; s. 4, ch. 2002-197.
106.113 Expenditures by local governments. -
(1) As used in this section, the term:
(a) "Local government" means:
1. A county, municipality, school district, or other
political subdivision in this state; and
2 Any department agency board bureau, district,
commission authority, or similar body of a county,
municipality, school district, or other political subdivision
of this state.
(b) 'Public funds" means all moneys under the
jurisdiction or control of the local government.
(2) A local government or a person acting on behalf
of local government may not expend or authorize the
expenditure of, and a person or group may not accept,
public funds for a political advertisement or electioneer-
ing communication concerning an issue, referendum, or
amendment including any state question, that is subject
to a vote of the electors. This subsection does not apply
to an electioneering communication from a local
117
government or a person acting on behalf of a local
government which is limited to factual information
(3) With the exception of the prohibitions specified in
subsection (2), this section does not preclude an elected
official of the local government from expressing an
opinion on any issue at any time.
History.—s. 1, ch. 2009-125.
106.12 Petty cash funds allowed.
(1) Each campaign treasurer designated pursuant to
s, 106.021(1) for a candidate or political committee is
authorized to withdraw from the primary campaign
account, until the close of the last day for qualifying
for office, the amount of $500 per calendar quarter
reporting period for the purpose of providing a petty
cash fund for the candidate or political committee
(2) Following the close of the last day for qualifying
and until the last election in a given election period in
which the political committee participates, the campaign
treasurer of each political committee is authorized to
withdraw the following amount each week from the
primary depository campaign account for the purpose of
providing a petty cash fund for the political committee,
and, following the close of the last day for qualifying and
until the election at which such candidate is eliminated
or elected to office, or the time at which the candidate
becomes unopposed, the campaign treasurer of each
candidate is authorized to withdraw the following
amount each week from the primary depository cam-
paign account for the purpose of providing a petty cash
fund for the candidate:
(a) For all candidates for nomination or election on a
statewide basis, $500 per week,
(b) For all other candidates and all political commit-
tees $100 per week.
(3) The petty cash fund so provided shall be spent
only in amounts less than $100 and only for office
supplies, transportation expenses, and other necessi-
ties Petty cash shall not be used for the purchase of
time, space, or services from communications media as
defined in s. 106.011(13).
History.—s. 12, ch. 73-128; s. 48, ch. 77-175; s. 9, ch. 85-226; s. 5, ch.
2002-197.
106.125 Credit cards; conditions on use. Any
candidate for statewide office or any political committee
created to support or oppose any candidate for state-
wide office or to support or oppose any statewide issue
may obtain, and use in making travel -related campaign
expenditures, credit cards The obtention and use of
credit cards by any such candidate or political commit-
tee shall be subject to the following conditions:
(1) Credit cards may be obtained only from the same
bank which has been designated as the candidate's or
political committee's primary campaign depository.
(2) Credit cards shall be in the name of the
candidate or political committee and shall reflect that
the account is a campaign account.
(3) Before a credit card may be used, a copy of the
agreement or contract between the candidate and the
bank or the political committee and the bank and a list
of all persons who have been authorized to use the card
shall be filed with the Secretary of State.
Ch. 106
CAMPAIGN FINANCING F.S. 2010
(4) All credit cards issued to candidates or political
committees shall expire no later than midnight of the last
day of the month of the general election.
(5) Each statement rendered by the issuer of a credit
card shall be paid upon receipt.
(6) Campaign travel related expenditures shall in-
clude transportation, lodging, meals, and other ex-
penses incurred in connection with traveling for cam-
paign purposes.
This section shall not be deemed to preclude the use of
advance payments by a check drawn on the primary
depository account for travel -related expenses. The
treasurer shall require an accounting of actual expenses
and reconcile any overpayment or underpayment to the
original payee.
History.—s. 11, ch. 79-365; s. 2, ch. 86-134.
106.14 Utilities; deposits; prior authorization.
(1) Utility companies providing utilities services to a
candidate or political committee shall charge a deposit
sufficient to meet all anticipated charges during a billing
period.
(2) Authorization and payment for utilities used
during the billing period must be made by the candidate
or political committee when the bill is received from a
utility company.
History.—s 14, ch. 73-128; s. 48, ch. 77-175; s. 5, ch. 78-403; s. 59, ch. 79-400;
s. 2, ch. 85-63; s. 14 ch. 89-256.
106.1405 Use of campaign funds. ---A candidate
or the spouse of a candidate may not use funds on
deposit in a campaign account of such candidate to
defray normal living expenses for the candidate or the
candidate's family, other than expenses actually in-
curred for transportation, meals, and lodging by the
candidate or a family member during travel in the course
of the campaign
H'story.—s. 49, ch. 77-175; s. 53, ch. 81-259; s. 644, ch. 95-147; s. 10, ch.
97-13.
106.141 Disposition of surplus funds by candi-
dates.—
(1) Each candidate who withdraws his or her candi-
dacy, becomes an unopposed candidate, or is elimi-
nated as a candidate or elected to office shall, within 90
days, dispose of the funds on deposit in his or her
campaign account and file a report reflecting the
disposition of all remaining funds. Such candidate
shall not accept any contributions, nor shall any person
accept contributions on behalf of such candidate, after
the candidate withdraws his or her candidacy, becomes
unopposed, or is eliminated or elected. However, if a
candidate receives a refund check after all surplus funds
have been disposed of the check may be endorsed by
the candidate and the refund disposed of under this
section. An amended report must be filed showing the
refund and subsequent disposition.
(2) Any candidate required to dispose of funds
pursuant to this section may, prior to such disposition,
be reimbursed by the campaign, in full or in part, for any
reported contributions by the candidate to the cam-
paign.
118
(3) The campaign treasurer of a candidate who
withdraws his or her candidacy, becomes unopposed,
or is eliminated as a candidate or elected to office and
who has funds on deposit in a separate interest-bearing
account or certificate of deposit shall, within 7 days after
the date of becoming unopposed or the date of such
withdrawal elimination or election, transfer such funds
and the accumulated interest earned thereon to the
campaign account of the candidate for disposal under
this section. However, if the funds are in an account in
which penalties will apply for withdrawal within the 7 -day
period the campaign treasurer shall transfer such funds
and the accumulated interest earned thereon as soon
as the funds can be withdrawn without penalty, or within
90 days after the candidate becomes unopposed,
withdraws his or her candidacy, or is eliminated or
elected, whichever comes first.
(4)(a) Except as provided in paragraph (b), any
candidate required to dispose of funds pursuant to
this section shall, at the option of the candidate, dispose
of such funds by any of the following means, or any
combination thereof
1. Return pro rata to each contributor the funds that
have not been spent or obligated.
2. Donate the funds that have not been spent or
obligated to a charitable organization or organizations
that meet the qualifications of s. 501(c)(3) of the Internal
Revenue Code.
3. Give not more than $10 000 of the funds that
have not been spent or obligated to the political party of
which such candidate is a member, except that a
candidate for the Florida Senate may give not more
than $30,000 of such funds to the political party of which
the candidate is a member.
4. Give the funds that have not been spent or
obligated:
a In the case of a candidate for state office, to the
state, to be deposited in either the 1Election Campaign
Financing Trust Fund or the General Revenue Fund, as
designated by the candidate; or
b In the case of a candidate for an office of a
political subdivision, to such political subdivision, to be
deposited in the general fund thereof.
(b) Any candidate required to dispose of funds
pursuant to this section who has received contributions
from the 1 Election Campaign Financing Trust Fund shall
return all surplus campaign funds to the 1Election
Campaign Financing Trust Fund.
(5) A candidate elected to office or a candidate who
will be elected to office by virtue of his or her being
unopposed may, in addition to the disposition methods
provided in subsection (4), transfer from the campaign
account to an office account any amount of the funds on
deposit in such campaign account up to:
(a) Twenty thousand dollars for a candidate for
statewide office. The Governor and Lieutenant Gover-
nor shall be considered separate candidates for the
purpose of this section.
(b) Five thousand dollars, for a candidate for multi -
county office.
(c) Five thousand dollars multiplied by the number of
years in the term of office for which elected, for a
candidate for legislative office.
F.S, 2010
CAMPAIGN FINANCING Ch. 106
(d) Two thousand five hundred dollars multiplied by
the number of years in the term of office for which
elected, for a candidate for county office or for a
candidate in any election conducted on less than a
countywide basis.
(e) Six thousand dollars, for a candidate for retention
as a justice of the Supreme Court.
(f) Three thousand dollars, for a candidate for
retention as a judge of a district court of appeal.
(g) One thousand five hundred dollars, for a candi-
date for county court judge or circuit judge.
The office account established pursuant to this subsec-
tion shall be separate from any personal or other
account. Any funds so transferred by a candidate
shall be used only for legitimate expenses in connection
with the candidate s public office. Such expenses may
include travel expenses incurred by the officer or a staff
member, personal taxes payable on office account
funds by the candidate or elected public official, or
expenses incurred in the operation of his or her office,
including the employment of additional staff. The funds
may be deposited in a savings account; however, all
deposits, withdrawals, and interest earned thereon shall
be reported at the appropriate reporting period. If a
candidate is reelected to office or elected to another
office and has funds remaining in his or her office
account, he or she may transfer surplus campaign funds
to the office account. At no time may the funds in the
office account exceed the limitation imposed by this
subsection. Upon leaving public office, any person who
has funds in an office account pursuant to this subsec-
tion remaining on deposit shall give such funds to a
charitable organization or organizations which meet the
requirements of s. 501(c)(3) of the Internal Revenue
Code or, in the case of a state officer, to the state to be
deposited in the General Revenue Fund or, in the case
of an officer of a political subdivision, to the political
subdivision to be deposited in the general fund thereof
(6) Prior to disposing of funds pursuant to subsec-
tion (4) or transferring funds into an office account
pursuant to subsection (5), any candidate who filed an
oath stating that he or she was unable to pay the
election assessment or fee for verification of petition
signatures without imposing an undue burden on his or
her personal resources or on resources otherwise
available to him or her, or who filed both such oaths,
or who qualified by the petition process and was not
required to pay an election assessment, shall reimburse
the state or local governmental entity, whichever is
applicable for such waived assessment or fee or both.
Such reimbursement shall be made first for the cost of
petition verification and then, if funds are remaining, for
the amount of the election assessment. If there are
insufficient funds in the account to pay the full amount of
either the assessment or the fee or both, the remaining
funds shall be disbursed in the above manner until no
funds remain. All funds disbursed pursuant to this
subsection shall be remitted to the qualifying officer.
Any reimbursement for petition verification costs which
are reimbursable by the state shall be forwarded by the
qualifying officer to the state for deposit in the General
Revenue Fund. All reimbursements for the amount of
119
the election assessment shall be forwarded by the
qualifying officer to the Department of State for deposit
in the General Revenue Fund.
(7)(a) Any candidate required to dispose of cam-
paign funds pursuant to this section shall do so within
the time required by this section and shall on or before
the date by which such disposition is to have been
made, file with the officer with whom reports are
required to be filed pursuant to s. 106.07 a form
prescribed by the Division of Elections listing:
1. The name and address of each person or unit of
government to whom any of the funds were distributed
and the amounts thereof;
2. The name and address of each person to whom
an expenditure was made, together with the amount
thereof and purpose therefor and
3. The amount of such funds transferred to an office
account by the candidate, together with the name and
address of the bank in which the office account is
located.
Such report shall be signed by the candidate and the
campaign treasurer and certified as true and correct
pursuant to s. 106.07.
(b) The filing officer shall notify each candidate at
least 14 days before the date the report is due.
(c) Any candidate failing to file a report on the
designated due date shall be subject to a fine as
provided in s. 106.07 for submitting late termination
reports.
(8) Any candidate elected to office who transfers
surplus campaign funds into an office account pursuant
to subsection (5) shall file a report on the 10th day
following the end of each calendar quarter until the
account is closed Such reports shall contain the name
and address of each person to whom any disbursement
of funds was made, together with the amount thereof
and the purpose therefor and the name and address of
any person from whom the elected candidate received
any refund or reimbursement and the amount thereof
Such reports shall be on forms prescribed by the
Division of Elections, signed by the elected candidate,
certified as true and correct, and filed with the officer
with whom campaign reports were filed pursuant to s.
106.07(2).
(9) Any candidate, or any person on behalf of a
candidate, who accepts contributions after such candi-
date has withdrawn his or her candidacy, after the
candidate has become an unopposed candidate or
after the candidate has been eliminated as a candidate
or elected to office commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s
775.083.
(10) Any candidate who is required by the provisions
of this section to dispose of funds in his or her campaign
account and who fails to dispose of the funds in the
manner provided in this section commits a misdemea-
nor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
History. -s. 50, ch, 77-175; s. 6, ch. 79-378; s. 60, ch. 79-400; s. 2, ch. 80-292;
s. 54, ch. 81-259; s. 28, ch. 81-304; s. 1, ch. 82-404; s. 38, ch. 84-302; s. 10, ch.
85-226; s. 2, ch. 86-7; s. 2, ch. 86-276; s. 11, ch. 87-363; s. 15, ch. 89-256; s. 34, ch.
Ch. 106
CAMPAIGN FINANCING F.S. 2010
90-315; s. 15, ch. 91-107; s. 645, ch. 95-147; ss. 15, 16, 53, ch. 97-13; s. 6, ch.
2002-197; s. 20, ch. 2004-252; s. 70, ch. 2005-277.
'Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(1), Art. III of the State Constitution.
106.143 Political advertisements circulated
prior to election; requirements.—
(1)(a) Any political advertisement that is paid for by a
candidate and that is published, displayed, or circulated
before, or on the day of any election must prominently
state:
1. "Political advertisement paid for and approved by
(name of candidate) , (oartv affiliation) , for (office souaht) "; or
2 "Paid by (name of candidate) (oartv affiliation) , for
(office souaht) ."
(b) Any other political advertisement published,
displayed, or circulated before, or on the day of, any
election must prominently:
1. Be marked "paid political advertisement" or with
the abbreviation `pd. pol. adv."
2 State the name and address of the persons
sponsoring the advertisement.
3.a.(I) State whether the advertisement and the cost
of production is paid for or provided in kind by or at the
expense of the entity publishing, displaying, broad-
casting, or circulating the political advertisement; or
(II) State who provided or paid for the advertisement
and cost of production if different from the source of
sponsorship.
b. This subparagraph does not apply if the source
of the sponsorship is patently clear from the content or
format of the political advertisement.
(c) Any political advertisement made pursuant to s.
106.021(3)(d) must be marked `paid political advertise-
ment" or with the abbreviation "pd. pol. adv.' and must
prominently state, Paid for and sponsored by (name of
person Davina for political advertisement) . Approved by (names of
persons. oat iv affiliation. and offices sought in the political advertisementl - ."
(2) Any political advertisement of a candidate run-
ning for partisan office shall express the name of the
political party of which the candidate is seeking nomina-
tion or is the nominee. If the candidate for partisan office
is running as a candidate with no party affiliation, any
political advertisement of the candidate must state that
the candidate has no party affiliation.
(3) It is unlawful for any candidate or person on
behalf of a candidate to represent that any person or
organization supports such candidate, unless the per-
son or organization so represented has given specific
approval in writing to the candidate to make such
representation. However, this subsection does not
apply to:
(a) Editorial endorsement by any newspaper, radio
or television station, or other recognized news medium.
(b) Publication by a party committee advocating the
candidacy of its nominees.
(4)(a) Any political advertisement, including those
paid for by a political party other than an independent
expenditure offered by or on behalf of a candidate must
be approved in advance by the candidate. Such political
advertisement must expressly state that the content of
the advertisement was approved by the candidate and
must state who paid for the advertisement. The
candidate shall provide a written statement of
120
authorization to the newspaper, radio station, television
station, or other medium for each such advertisement
submitted for publication, display, broadcast, or other
distribution.
(b) Any person who makes an independent expen-
diture for a political advertisement shall provide a written
statement that no candidate has approved the adver-
tisement to the newspaper, radio station, television
station, or other medium for each such advertisement
submitted for publication display, broadcast, or other
distribution. The advertisement must also contain a
statement that no candidate has approved the adver-
tisement.
(c) This subsection does not apply to campaign
messages used by a candidate and his or her suppor-
ters if those messages are designed to be worn by a
person
(5) No political advertisement of a candidate who is
not an incumbent of the office for which the candidate is
running shall use the word "re-elect." Additionally such
advertisement must include the word "for" between the
candidate's name and the office for which the candidate
is running in order that incumbency is not implied This
subsection does not apply to bumper stickers or items
designed to be worn by a person.
(6) This section does not apply to novelty items
having a retail value of $10 or less which support, but do
not oppose, a candidate or issue.
(7) Any political advertisement which is published,
displayed, or produced in a language other than English
may provide the information required by this section in
the language used in the advertisement.
(8) This section does not apply to any campaign
message or political advertisement used by a candidate
and the candidate's supporters or by a political com-
mittee if the message or advertisement is:
(a) Designed to be worn by a person.
(b) Placed as a paid link on an Internet website,
provided the message or advertisement is no more than
200 characters in length and the link directs the user to
another Internet website that complies with subsection
(1).
(c) Placed as a graphic or picture link where
compliance with the requirements of this section is
not reasonably practical due to the size of the graphic or
picture link and the link directs the user to another
Internet website that complies with subsection (1).
(d) Placed at no cost on an Internet website for
which there is no cost to post content for public users.
(e) Placed or distributed on an unpaid profile or
account which is available to the public without charge
or on a social networking Internet website as long as
the source of the message or advertisement is patently
clear from the content or format of the message or
advertisement. A candidate or political committee may
prominently display a statement indicating that the
website or account is an official website or account of
the candidate or political committee and is approved by
the candidate or political committee. A website or
account may not be marked as official without prior
approval by the candidate or political committee.
(f) Distributed as a text message or other message
via Short Message Service, provided the message is no
F.S. 2010
CAMPAIGN FINANCING Ch. 106
more than 200 characters in length or requires the
recipient to sign up or opt in to receive it.
(g) Connected with or included in any software
application or accompanying function, provided that
the user signs up, opts in, downloads, or otherwise
accesses the application from or through a website that
complies with subsection (1).
(h) Sent by a third -party user from or through a
campaign or committee's website, provided the website
complies with subsection (1).
(i) Contained in or distributed through any other
technology -related item, service, or device for which
compliance with subsection (1) is not reasonably
practical due to the size or nature of such item, service,
or device as available, or the means of displaying the
message or advertisement makes compliance with
subsection (1) impracticable.
(9) Any person who willfully violates any provision of
this section is subject to the civil penalties prescribed in
s. 106.265.
History.—s. 8, ch. 26870, 1951; s. 1, ch. 61-145; s. 21, ch. 65-379; s. 57, ch.
71-136; s. 30, ch. 73.128; s. 52, ch. 77-175; s. 30, ch. 81-304; s. 16, ch. 89-256; s.
35, ch. 90-315; s. 16, ch. 91-107; s. 646, ch. 95-147; s. 17, ch. 97-13; s. 181 ch.
99-318; s. 5, ch. 2004-252; s. 46, ch. 2007-30; s. 18, ch. 2010-167.
Note.—Former s. 104.37.
106.1435 Usage and removal of political cam-
paign advertisements.—
(1) Each candidate, whether for a federal, state,
county or district office, shall make a good faith effort to
remove all of his or her political campaign advertise-
ments within 30 days after
(a) Withdrawal of his or her candidacy;
(b) Having been eliminated as a candidate; or
(c) Being elected to office.
However, a candidate is not expected to remove those
political campaign advertisements which are in the form
of signs used by an outdoor advertising business as
provided in chapter 479. The provisions herein do not
apply to political campaign advertisements placed on
motor vehicles or to campaign messages designed to
be worn by persons.
(2) If political campaign advertisements are not
removed within the specified period, the political sub-
division or governmental entity has the authority to
remove such advertisements and may charge the
candidate the actual cost for such removal. Funds
collected for removing such advertisements shall be
deposited to the general revenue of the political
subdivision.
(3) Pursuant to chapter 479, no political campaign
advertisements shall be erected, posted, painted,
tacked nailed, or otherwise displayed, placed or
located on or above any state or county road right-of-
way
(4) The officer before whom a candidate qualifies for
office shall notify the candidate, in writing, of the
provisions in this section.
(5) This provision does not preclude municipalities
from imposing additional or more stringent requirements
on the usage and removal of political campaign adver-
tisements.
History.—s. 1, ch. 84-221; s. 20, ch. 84.302; s. 14, ch. 87-224; a. 647, ch.
95-147.
121
106.1437 Miscellaneous advertisements. Any
advertisement other than a political advertisement,
independent expenditure, or electioneering communi-
cation, on billboards, bumper stickers, radio or televi-
sion, or in a newspaper, a magazine, or a periodical,
intended to influence public policy or the vote of a public
official, shall clearly designate the sponsor of such
advertisement by including a clearly readable statement
of sponsorship. If the advertisement is broadcast on
television, the advertisement shall also contain a verbal
statement of sponsorship. This section shall not apply to
an editorial endorsement.
History.—s. 36, ch 90-315; s. 6 ch. 2004-252; s. 27, ch. 2010-167.
106.1439 Electioneering communications, dis-
claimers.—
(1) Any electioneering communication, other than a
telephone call, shall prominently state: "Paid electio-
neering communication paid for by (Name and address of
Person Paving for the communication) ."
(2) Any electioneering communication telephone
call shall identify the persons or organizations sponsor-
ing the call by stating either: "Paid for by (insert name of
Persons ororganlzationssponsoring the call) Or Paid for on behalf of
(insert name of persons or organizations authorizing call) .' This
subsection does not apply to any telephone call in
which the individual making the call is not being paid and
the individuals participating in the call know each other
prior to the call.
(3) Any person who fails to include the disclaimer
prescribed in this section in any electioneering commu-
nication that is required to contain such disclaimer
commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 2004-252; s 28, ch. 2010-167.
106.147 Telephone solicitation; disclosure re-
quirements; prohibitions; exemptions; penalties.
(1)(a) Any telephone call supporting or opposing a
candidate, elected public official or ballot proposal must
identify the persons or organizations sponsoring the call
by stating either: 'paid for by " (insert name of
persons or organizations sponsoring the call) or "paid
for on behalf of _ _" (insert name of persons or
organizations authorizing call) This paragraph does
not apply to any telephone call in which both the
individual making the call is not being paid and the
individuals participating in the call know each other prior
to the call.
(b) Any telephone call conducted for the purpose of
polling respondents concerning a candidate or elected
public official which is a part of a series of like telephone
calls that consists of fewer than 1,000 completed calls
and averages more than 2 minutes in duration is
presumed to be a political poll and not subject to the
provisions of paragraph (a)
(c) No telephone call shall state or imply that the
caller represents any person or organization unless the
person or organization so represented has given
specific approval in writing to make such representation.
(d) No telephone call shall state or imply that the
caller represents a nonexistent person or organization.
Ch. 106 CAMPAIGN FINANCING F.S. 2010
(2) Any telephone call, not conducted by indepen-
dent expenditure, which expressly advocates for or
against a candidate or ballot proposal requires prior
written authorization by the candidate or sponsor of the
ballot proposal that the call supports. A copy of such
written authorization must be placed on file with the
qualifying officer by the candidate or sponsor of the
ballot proposal prior to the time the calls commence
(3)(a) Any person who willfully violates any provision
of this section commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s
775.083.
(b) For purposes of paragraph (a), the term "person"
includes any candidate; any officer of any political
committee, committee of continuous existence or
political party executive committee; any officer, partner,
attorney, or other representative of a corporation,
partnership, or other business entity and any agent
or other person acting on behalf of any candidate
political committee, committee of continuous existence
political party executive committee, or corporation,
partnership, or other business entity.
History.—s 18, ch. 97-13; s. 31, ch. 2008-95; s. 29, ch. 2010-167.
106.1475 Telephone solicitation; registered
agent requirements; penalty.—
(1) Any person or organization that conducts any
business in this state which consists of making paid
telephone calls supporting or opposing any candidate or
elected public official must, prior to conducting such
business, have and continuously maintain for at least
180 days following the cessation of such business
activities in the state, a registered agent for the purpose
of any service of process, notice, or demand required or
authorized by law and must file with the division a notice
of such registered agent. Such registered agent must be
an individual who is a resident of this state a domestic
corporation, or a foreign corporation authorized to do
business in this state. However, this subsection does
not apply to any person or organization already lawfully
registered to conduct business in this state.
(2) For purposes of this section, conducting busi-
ness in this state as specified in subsectio=n (1) includes
both placing telephone calls from a location in this state
and placing telephone calls from a location outside this
state to individuals located in this state
(3)(a) The division shall create and maintain forms
for the notice required by subsection (1), which at a
minimum, must elicit all of the following information:
1. The name address and telephone number of
the registered agent.
2. The name, address, and telephone number of
the person or organization conducting business in this
state as specified in subsection (1).
(b) The person or organization conducting business
in this state as specified in subsection (1) must
immediately notify the division of any changes in the
information required in paragraph (a)
(4) Any person or organization that violates this
section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 19, ch. 97-13.
106.15 Certain acts prohibited.—
(1) No person shall pay money or give anything of
value for the privilege of speaking at a political meeting
in the furtherance of his or her candidacy, nor shall
anyone speaking for such a person pay money or give
anything of value for such privilege.
(2) No candidate, in the furtherance of his or her
candidacy for nomination or election to public office in
any election, shall use any state-owned aircraft or motor
vehicle, as provided in chapter 287, solely for the
purpose of furthering his or her candidacy. However
in the event a candidate uses any state-owned aircraft
or motor vehicle to conduct official state business and
while on such trip performs any function in the
furtherance of his or her candidacy for nomination or
election to public office in any election the candidate
shall prorate the expenses incurred and reimburse the
appropriate agency for any trip not exclusively for state
business and shall pay either a prorated share of all
fixed and variable expenses related to the ownership,
operation, and use of such aircraft or one-half of the
total fixed and variable expenses related to the owner-
ship, operation, and use of such aircraft, whichever is
greater. The reimbursement shall be made from the
campaign account of the candidate.
(3) A candidate may not, in the furtherance of his or
her candidacy for nomination or election to public office
in any election, use the services of any state, county,
municipal, or district officer or employee during working
hours.
(4) No person shall make and no person shall solicit
or knowingly accept any political contribution in a
building owned by a governmental entity. For purposes
of this subsection, "accept" means to receive a con-
tribution by personal hand delivery from a contributor or
the contributor's agent. This subsection shall not apply
when a government-owned building or any portion
thereof is rented for the specific purpose of holding a
campaign fund raiser
(5) Any person violating the provisions of this
section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 15, ch. 73-128 s. 9, ch. 74-200 s. 1 ch. 77-174; s. 54, ch 77-175;
s. 61, ch. 79-400; s. 31, ch. 81-304; s. 28, ch. 83-217; s. 2, ch. 83-304; s. 16, ch.
91-45; s. 17, ch. 91-107; s. 648, ch. 95-147; s. 2, ch. 97-223; s. 7, ch. 2002-197.
106.16 Limitation on certain rates and charges.
No person or corporation within the state publishing a
newspaper or other periodical or operating a radio or
television station or network of stations in Florida shall
charge one candidate for state or county public office for
political advertising in a county, or for political broad-
casts in a county, at a rate in excess of that charged
another political candidate.
History.—s. 16, ch. 73-128; s. 55, ch. 77-175; s. 18, ch. 89-256.
122
106.161 Air time available at the lowest unit rate
To the extent permitted by federal law, all broadcast
radio and television stations and all cable television
stations shall make air time available to candidates for
public office at the lowest unit rate.
History.—s. 35, ch. 91-107.
F.S. 2010
CAMPAIGN FINANCING Ch. 106
106.165 Use of closed captioning and descrip-
tive narrative in all television broadcasts.—Each
candidate, political party, and political committee must
use closed captioning and descriptive narrative in all
television broadcasts regulated by the Federal Com-
munications Commission that are on behalf of, or
sponsored by, a candidate political party, or political
committee or must file a written statement with the
qualifying officer setting forth the reasons for not doing
so. Failure to file this statement with the appropriate
qualifying officer constitutes a violation of the Florida
Election Code and is under the jurisdiction of the Florida
Elections Commission. The Department of State may
adopt rules in accordance with s 120.54 which are
necessary to administer this section.
History.—s. 7, ch. 2002-281• s. 71, ch. 2005-277.
Note. Former s. 98.122.
106.17 Polls and surveys relating to candida-
cies.—Any candidate, political committee, committee of
continuous existence, electioneering communication
organization, or state or county executive committee
of a political party may authorize or conduct a political
poll, survey, index, or measurement of any kind relating
to candidacy for public office so long as the candidate
political committee, committee of continuous existence
electioneering communication organization, or political
party maintains complete jurisdiction over the poll in all
its aspects
History.—s. 17, ch. 73-128; s. 1, ch. 77-174; s. 56, ch. 77-175; s. 32, ch. 81404;
s, 47, ch. 2007-30; s. 30, ch. 2010-167.
106.18 When a candidate's name to be omitted
from ballot.—
(1) The name of a candidate shall not be printed on
the ballot for an election if the candidate is convicted of
violating s. 106.19.
(2) Any candidate whose name is removed from the
ballot pursuant to subsection (1) is disqualified as a
candidate for office. If the disqualification of such
candidate results in a vacancy in nomination, such
vacancy shall be filled by a person other than such
candidate in the manner provided by law.
(3) No certificate of election shall be granted to any
candidate until all preelection reports required by s.
106.07 have been filed in accordance with the provi-
sions of such section. However, no candidate shall be
prevented from receiving a certificate of election for
failure to file any copy of a report required by this
chapter
History—s. 18, ch. 73-128; s. 57, ch. 77-175; s. 11, ch 85-226; s. 37, ch.
90-315; s. 3, ch. 90-338.
106.19 Violations by candidates, persons con-
nected with campaigns, and political committees.
(1) Any candidate; campaign manager, campaign
treasurer, or deputy treasurer of any candidate; com-
mittee chair, vice chair, campaign treasurer deputy
treasurer, or other officer of any political committee
agent or person acting on behalf of any candidate or
political committee; or other person who knowingly and
willfully
(a) Accepts a contribution in excess of the limits
prescribed by s. 106.08;
123
(b) Fails to report any contribution required to be
reported by this chapter;
(c) Falsely reports or deliberately fails to include any
information required by this chapter; or
(d) Makes or authorizes any expenditure in violation
of s 106.11(4) or any other expenditure prohibited by
this chapter;
is guilty of a misdemeanor of the first degree, punish-
able as provided in s. 775.082 or s. 775.083.
(2) Any candidate, campaign treasurer, or deputy
treasurer; any chair vice chair or other officer of any
political committee; any agent or person acting on
behalf of any candidate or political committee; or any
other person who violates paragraph (1)(a), paragraph
(1)(b), or paragraph (1)(d) shall be subject to a civil
penalty equal to three times the amount involved in the
illegal act Such penalty may be in addition to the
penalties provided by subsection (1) and shall be paid
into the General Revenue Fund of this state.
(3) A political committee sponsoring a constitutional
amendment proposed by initiative which submits a
petition form gathered by a paid petition circulator
which does not provide the name and address of the
paid petition circulator on the form is subject to the civil
penalties prescribed in s. 106.265.
History.—s. 19, ch. 73-128; s. 57, ch. 77-175; s. 62, ch. 79-400; s. 12, ch.
91-107; s. 649, ch. 95-147; ss 24, 45, ch. 97-13; s. 8, ch. 2002-197; s. 11, ch.
2006-300.
106.191 Signatures gathered for initiative peti-
tions effect of ch. 97-13.—Any signature gathered on
an authorized form for an initiative petition by a paid
petition circulator which has been submitted prior to the
effective date of this act may be kept and counted if
otherwise valid, and that form is not required to have the
name and address of the paid petition circulator, nor is
any such signature affected by the prohibition against
filing an undue burden oath in lieu of paying the fee to
have signatures verified as provided by this act.
However, any signature gathered on or after the
effective date of this act is subject to the provisions of
this act and if payment is made to any person to solicit
signatures after the effective date of this act an undue
burden oath may not be filed in lieu of paying the fee to
have signatures verified. In addition, any initiative
petition form approved by the Secretary of State prior
to the effective date of this act may continue to be
circulated.
History.—s. 25, ch. 97-13.
106.21 Certificates of election not to be issued
upon conviction.—
(1) If a successful candidate is convicted of violating
s. 106.19(1) prior to the issuance of his or her certificate
of election, such certificate shall not be issued, and a
vacancy shall be declared and filled as provided by law
(2) If a successful candidate is convicted of violating
s. 106.19(1) subsequent to the issuance of a certificate
of election but prior to taking office, such certificate shall
be rescinded by the issuing body and declared void, and
a vacancy in office shall exist and be filled as provided
by law.
History.—s. 21, ch. 73.128; s. 57, ch. 77-175; s. 650, ch. 95-147.
Ch. 106
CAMPAIGN FINANCING F.S. 2010
106.22 Duties of the Division of Elections. It is
the duty of the Division of Elections to:
(1) Prescribe forms for statements and other infor-
mation required to be filed by this chapter. Such forms
shall be furnished by the Department of State or office of
the supervisor of elections to persons required to file
such statements and information with such agency.
(2) Prepare and publish manuals or brochures
setting forth recommended uniform methods of book-
keeping and reporting, and including appropriate por-
tions of the election code, for use by persons required
by this chapter to file statements.
(3) Develop a filing, coding, and cross indexing
system consonant with the purposes of this chapter.
(4) Preserve statements and other information re-
quired to be filed with the division pursuant to this
chapter for a period of 10 years from date of receipt.
(5) Prepare and publish such reports as it may deem
appropriate.
(6) Make from time to time, audits and field
investigations with respect to reports and statements
filed under the provisions of this chapter and with
respect to alleged failures to file any report or statement
required under the provisions of this chapter. The
division shall conduct a postelection audit of the
campaign accounts of all candidates receiving contribu-
tions from the "'Election Campaign Financing Trust
Fund.
(7) Report to the Florida Elections Commission any
failure to file a report or information required by this
chapter or any apparent violation of this chapter.
(8) Employ such personnel or contract for such
services as are necessary to adequately carry out the
intent of this chapter.
(9) Prescribe rules and regulations to carry out the
provisions of this chapter. Such rules shall be pre-
scribed pursuant to chapter 120.
(10) Conduct random audits with respect to reports
and statements filed under this chapter and with respect
to alleged failure to file any reports and statements
required under this chapter.
History.—s. 22, ch. 73-128; s. 57, ch. 77-175; s. 13, ch. 79-365; s. 4, ch. 84-254;
s. 3, ch. 86 276; s. 9, ch. 90-338; s. 46, ch. 97-13; s. 7, ch. 2001-75; s. 72, ch.
2005-277.
'Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(0, Art. III of the State Constitution.
106.23 Powers of the Division of Elections.—
(1) In order to carry out the responsibilities pre-
scribed by s. 106.22, the Division of Elections is
empowered to subpoena and bring before its duly
authorized representatives any person in the state or
any person doing business in the state, or any person
who has filed or is required to have filed any application
document papers, or other information with an office or
agency of this state or a political subdivision thereof and
to require the production of any papers, books, or other
records relevant to any investigation, including the
records and accounts of any bank or trust company
doing business in this state. Duly authorized represen-
tatives of the division are empowered to administer all
oaths and affirmations in the manner prescribed by law
to witnesses who shall appear before them concerning
any relevant matter. Should any witness fail to respond
to the lawful subpoena of the division or, having
124
responded, fail to answer all lawful inquiries or to turn
over evidence that has been subpoenaed, the division
may file a complaint before any circuit court of the state
setting up such failure on the part of the witness. On the
filing of such complaint, the court shall take jurisdiction
of the witness and the subject matter of said complaint
and shall direct the witness to respond to all lawful
questions and to produce all documentary evidence in
the witness's possession which is lawfully demanded.
The failure of any witness to comply with such order of
the court shall constitute a direct and criminal contempt
of court, and the court shall punish said witness
accordingly. However, the refusal by a witness to
answer inquiries or turn over evidence on the basis
that such testimony or material will tend to incriminate
such witness shall not be deemed refusal to comply with
the provisions of this chapter.
(2) The Division of Elections shall provide advisory
opinions when requested by any supervisor of elections,
candidate, local officer having election related duties,
political party, political committee, committee of con-
tinuous existence, or other person or organization
engaged in political activity, relating to any provisions
or possible violations of Florida election laws with
respect to actions such supervisor candidate, local
officer having election related duties, political party
committee, person, or organization has taken or pro-
poses to take. Requests for advisory opinions must be
submitted in accordance with rules adopted by the
Department of State. A written record of all such
opinions issued by the division, sequentially numbered,
dated, and indexed by subject matter, shall be retained.
A copy shall be sent to said person or organization upon
request. Any such person or organization, acting in
good faith upon such an advisory opinion, shall not be
subject to any criminal penalty provided for in this
chapter. The opinion, until amended or revoked, shall be
binding on any person or organization who sought the
opinion or with reference to whom the opinion was
sought, unless material facts were omitted or misstated
in the request for the advisory opinion
History.—s. 23, ch. 73-128; s. 3, ch. 76-233; 3 58, ch. 77-175; s. 651, ch.
95-147; s. 47, ch. 97-13; s. 8, ch. 2001-75.
106.24 Florida Elections Commission; member-
ship; powers; duties.—
(1)(a) There is created within the Department of
Legal Affairs, Office of the Attorney General, a Florida
Elections Commission, hereinafter referred to as the
commission. The commission shall be a separate
budget entity and the agency head for all purposes.
The commission shall not be subject to control, super-
vision, or direction by the Department of Legal Affairs or
the Attorney General in the performance of its duties,
including, but not limited to, personnel, purchasing
transactions involving real or personal property, and
budgetary matters.
(b) The commission shall be composed of nine
members. The President of the Senate, the Speaker
of the House of Representatives, the minority leader of
the Senate, and the minority leader of the House of
Representatives shall each provide a list of six nomi-
nees to the Governor for initial appointment to the
commission. The Governor may appoint two members
F.S. 2010
CAMPAIGN FINANCING Ch. 106
to the commission from each list. If the Governor
refuses to appoint two members from any of the
respective lists, the Governor shall so inform the
nominating officer and the nominating officer shall
submit a new list of six nominees within 30 days. The
new list must contain at least three nominees not
included on the prior nominating list. The ninth commis-
sion member, who shall serve as chair of the commis-
sion, shall be appointed by the Governor. Each member
of the commission is subject to confirmation by the
Senate. The chair of the commission shall serve for a
maximum term of 4 years, such term to run concurrently
with the term of the appointing Governor and until a
future successor is appointed. Other members of the
commission shall serve for 4 -year terms and until their
successors are appointed. An individual who is a
lobbyist at the state or local government level may not
serve as a member of the commission, except that this
prohibition shall not apply to an individual who is a
member of the commission on July 1, 2002, until the
expiration of his or her current term. A member of the
commission is prohibited from lobbying state or local
government while he or she is a member of the
commission, except that this prohibition shall not
apply to an individual who is a member of the commis-
sion on July 1, 2002, until the expiration of his or her
current term.
(c) As the terms of members expire, excluding the
chair successors shall be appointed to 4 -year terms
and shall serve until their successors are appointed. Six
months prior to the expiration of a commission mem-
ber s term, the ranking officer of the political party in the
respective house originally nominating the commission
member shall submit a list of three nominees to the
Governor. The Governor may appoint one of the listed
nominees to the commission. If no nominee is selected
from the list, the Governor shall so inform the nominat-
ing officer who shall submit a list of three different
nominees to the Governor within 30 days Vacancies on
the commission shall expeditiously be filled for the
unexpired terms in the same manner.
(d) As the term of the chair of the commission
expires or becomes vacant, a successor shall be
appointed in the manner of the original appointment,
and shall serve for a maximum of 4 years, such term to
run concurrently with the term of the appointing
Governor and until a future successor is appointed
(e) In no event may any member of the commission
serve more than two full terms. Members of the
commission shall be paid travel and per diem as
provided in s. 112 061 while in performance of their
duties and in traveling to, from, and upon same. Of the
nine members of the commission, no more than five
members shall be from the same political party at any
one time.
(2) No member of the commission shall be a
member of any county, state, or national committee of
a political party; be an officer in any partisan political
club or organization; or hold, or be a candidate for any
other public office. No person shall be appointed as a
member of the commission who has held an elective
public office or office in a political party within the year
immediately preceding his or her appointment.
125
(3) The commission shall convene at the call of its
chair or at the request of a majority of the members of
the commission. The presence of five members is
required to constitute a quorum, and the affirmative
vote of the majority of the members present is required
for any action or recommendation by the commission
The commission may meet in any city of the state.
(4) The commission shall appoint an executive
director, who shall serve under the direction, super-
vision, and control of the commission The executive
director, with the consent of the commission shall
employ such staff as are necessary to adequately
perform the functions of the commission, within budget-
ary limitations. All employees, except the executive
director and attorneys, are subject to part II of chapter
110. The executive director shall serve at the pleasure
of the commission and be subject to part III of chapter
110, except that the commission shall have complete
authority for setting the executive director's salary.
Attorneys employed by the commission shall be subject
to part V of chapter 110.
(5) Hearings shall be held before the commission,
except that the chair may direct that any hearing be held
before one member of the commission or a panel of less
than the full commission. The commission shall adopt
rules to provide for the filing of a report when hearings
are held by a single commissioner or a panel, which
rules shall prescribe the time for filing the report and the
contents of the report.
(6) There is established in the State Treasury an
Elections Commission Trust Fund to be used by the
Florida Elections Commission in order to carry out its
duties pursuant to ss. 106.24-10628. The trust fund
may also be used by the Secretary of State, pursuant to
his or her authority under s. 97.012(14), to provide
rewards for information leading to criminal convictions
related to voter registration fraud, voter fraud, and vote
scams.
(7) The commission shall develop a budget request
pursuant to chapter 216 annually. The budget is not
subject to change by the Department of Legal Affairs or
the Attorney General but it shall be submitted by the
Department of Legal Affairs to the Governor for
transmittal to the Legislature.
(8) The commission is authorized to contract or
consult with appropriate agencies of state government
for such professional assistance as may be needed in
the discharge of its duties.
History.—s. 24, ch 73-128; s. 10, ch. 74-200; s. 59, ch. 77-175; s. 63, ch.
79.4004 s. 1, ch. 82-46; s. 2, ch. 83-265; s. 19, ch. 89-256; s. 36, ch. 89-338; s. 38,
ch. 90.315; ss. 4, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 1, ch. 93-262; s. 652, ch.
95-147 s. 48, ch, 97-13; s. 3, ch. 2002-281; s. 69, ch. 2005-277; s. 32, ch. 2008-95;
s, 5, ch. 2010-16.
106.25 Reports of alleged violations to Florida
Elections Commission; disposition of findings.
(1) Jurisdiction to investigate and determine viola-
tions of this chapter and chapter 104 is vested in the
Florida Elections Commission; however, nothing in this
section limits the jurisdiction of any other officers or
agencies of government empowered by law to investi-
gate, act upon, or dispose of alleged violations of this
code.
(2) The commission shall investigate all violations of
this chapter and chapter 104, but only after having
Ch. 106 CAMPAIGN FINANCING
received either a sworn complaint or information
reported to it under this subsection by the Division of
Elections Such sworn complaint must be based upon
personal information or information other than hearsay.
Any person, other than the division, having information
of any violation of this chapter or chapter 104 shall file a
sworn complaint with the commission. The commission
shall investigate only those alleged violations specifi-
cally contained within the sworn complaint. If any
complainant fails to allege all violations that arise from
the facts or allegations alleged in a complaint, the
commission shall be barred from investigating a sub-
sequent complaint from such complainant that is based
upon such facts or allegations that were raised or could
have been raised in the first complaint. If the complaint
includes allegations of violations relating to expense
items reimbursed by a candidate, committee, or orga-
nization to the campaign account before a sworn
complaint is filed, the commission shall be barred
from investigating such allegations. Such sworn com-
plaint shall state whether a complaint of the same
violation has been made to any state attorney Within 5
days after receipt of a sworn complaint the commission
shall transmit a copy of the complaint to the alleged
violator. If the executive director finds that the complaint
is legally sufficient, the respondent shall be notified of
such finding by letter, which sets forth the statutory
provisions alleged to have been violated and the alleged
factual basis that supports the finding. All sworn
complaints alleging violations of the Florida Election
Code over which the commission has jurisdiction shall
be filed with the commission within 2 years after the
alleged violations. The period of limitations is tolled on
the day a sworn complaint is filed with the commission.
The complainant may withdraw the sworn complaint at
any time prior to a probable cause hearing if good cause
is shown. Withdrawal shall be requested in writing,
signed by the complainant, and witnessed by a notary
public, stating the facts and circumstances constituting
good cause. The executive director shall prepare a
written recommendation regarding disposition of the
request which shall be given to the commission together
with the request. 'Good cause" shall be determined
based upon the legal sufficiency or insufficiency of the
complaint to allege a violation and the reasons given by
the complainant for wishing to withdraw the complaint. If
withdrawal is permitted, the commission must close the
investigation and the case. No further action may be
taken. The complaint will become a public record at the
time of withdrawal.
(3) For the purposes of commission jurisdiction a
violation shall mean the willful performance of an act
prohibited by this chapter or chapter 104 or the willful
failure to perform an act required by this chapter or
chapter 104. Willfulness is a determination of fact;
however, at the request of the respondent at any time
after probable cause is found, willfulness may be
considered and determined in an informal hearing
before the commission.
(4) The commission shall undertake a preliminary
investigation to determine if the facts alleged in a sworn
complaint or a matter initiated by the division constitute
probable cause to believe that a violation has occurred.
126
F.S. 2010
(a) When the investigator's report is completed, the
executive director shall notify the respondent that the
report is completed and shall send to the respondent a
copy of the investigator's report. The investigatory file
and main complaint file shall be open for inspection by
the respondent and the respondent's counsel at that
time, and copies may be obtained at no more than cost.
(b) The respondent shall be given not Tess than 14
days from the date of mailing of the investigator's report
to file with the commission a written response to the
investigator's report. This time period may be shortened
with the consent of the respondent, or without the
consent of the respondent when the passage of time
could reasonably be expected to render moot the
ultimate disposition of the matter by the commission
so long as reasonable notice under the circumstances is
given.
(c) Counsel for the commission shall review the
investigator's report and shall make a written recom-
mendation to the commission for the disposition of the
complaint. If the counsel for the commission recom-
mends that the commission find probable cause, the
recommendation shall include a statement of what
charges shall be at issue. A copy of the recommenda-
tion shall be furnished to the respondent. The respon-
dent shall be given not Tess than 14 days from the date
of mailing of the recommendation of counsel for the
commission to file with the commission a written
response to the recommendation. This time period
may be shortened with the consent of the respondent
or without the consent of the respondent when the
passage of time could reasonably be expected to render
moot the ultimate disposition of the matter by the
commission, so long as the recommendation is furn-
ished to the respondent within a reasonable period of
time ander the circumstances.
(d) The respondent and each complainant, their
counsel, and the counsel for the commission shall be
permitted to attend the hearing at which the probable
cause determination is made. Notice of the hearing shall
be sent to the respondent, each complainant and
counsel for the commission at least 14 days before
the hearing. This time period may be shortened with the
consent of the respondent, or without the consent of the
respondent when the passage of time could reasonably
be expected to render moot the ultimate disposition of
the matter by the commission, so long as the notice is
furnished within a reasonable period of time under the
circumstances.
(e) The probable cause determination is the conclu-
sion of the preliminary investigation. The respondent
and the counsel for the commission shall be permitted to
make brief oral statements in the nature of oral
argument to the commission based on the investiga-
tor s report before the probable cause determination.
The commission's determination shall be based upon
the investigator's report, the recommendation of coun-
sel for the commission the complaint, and staff
recommendations, as well as any written statements
submitted by the respondent and any oral statements
made at the hearing No testimony or other evidence will
be accepted at the hearing
F.S. 2010
CAMPAIGN FINANCING Ch. 106
(f) At its meeting to determine probable cause, the
commission may continue its determination to allow
further investigation, may order the issuance of a public
report of its investigation if it finds no probable cause to
believe that there has been a violation of this chapter or
chapter 104 concluding the matter before it, may order
a final, public hearing of the complaint if it finds probable
cause to believe that there has been a violation of this
chapter or chapter 104• or may take such other action as
it deems necessary to resolve the complaint, consistent
with due process of law. In making its determination, the
commission may consider:
1. The sufficiency of the evidence against the
respondent, as contained in the investigator's report;
2 The admissions and other stipulations of the
respondent, if any;
3. The nature and circumstances of the respon-
dent's actions'
4. The expense of further proceedings; and
5. Such other factors as it deems material to its
decision.
If the commission finds probable cause, the commission
shall determine what charges shall be at issue.
(g) If no probable cause is found, the commission
shall dismiss the case and the case shall become a
matter of public record, except as otherwise provided in
this section, together with a written statement of the
findings of the preliminary investigation and a summary
of the facts which the commission shall send to the
complainant and the alleged violator. A finding of no
probable cause by the commission is a full adjudication
of all such matters. The commission may not charge a
respondent in a subsequent complaint alleging viola-
tions based upon the same actions, nonactions, or
circumstances wherein the commission found no prob-
able cause.
(h) If probable cause is found, the commission shall
so notify the complainant and the alleged violator in
writing. All documents made or received in the disposi-
tion of the complaint shall become public records upon a
finding by the commission.
(i)1. Upon a commission finding of probable cause,
the counsel for the commission shall attempt to reach a
consent agreement with the respondent.
2. A consent agreement is not binding upon either
party unless and until it is signed by the respondent and
by counsel for the commission upon approval by the
commission
3. Nothing herein shall be construed to prevent the
commission from entering into a consent agreement
with a respondent prior to a commission finding of
probable cause if a respondent indicates in writing a
desire to enter into negotiations directed towards reach-
ing such a consent agreement. Any consent agreement
reached under this subparagraph is subject to the
provisions of subparagraph 2 and shall have the
same force and effect as a consent agreement reached
after the commission finding of probable cause.
(j) If a consent agreement is reached between the
commission and the respondent counsel for the
commission shall send a copy of the signed agreement
to both complainant and respondent.
127
In a case where probable cause is found, the commis
sion shall make a preliminary determination to consider
the matter or to refer the matter to the state attorney for
the judicial circuit in which the alleged violation oc-
curred. Notwithstanding any other provisions of this
section, the commission may, at its discretion, dismiss
any complaint at any stage of disposition if it determines
that the public interest would not be served by
proceeding further, in which case the commission
shall issue a public report stating with particularity its
reasons for the dismissal.
(5) Unless a person alleged by the Elections Com-
mission to have committed a violation of this chapter or
chapter 104 elects, within 30 days after the date of the
filing of the commission's allegations to have a formal
o r informal hearing conducted before the commission,
o r elects to resolve the complaint by consent order such
person shall be entitled to a formal administrative
hearing conducted by an administrative law judge in
the Division of Administrative Hearings. The adminis-
trative law judge in such proceedings shall enter a final
o rder subject to appeal as\ provided in s. 120.68.
(6) It is the duty of a state attorney receiving a
complaint referred by the commission to investigate the
complaint promptly and thoroughly, to undertake such
criminal or civil actions as are justified by law and to
report to the commission the results of such investiga-
tion, the action taken, and the disposition thereof. The
failure or refusal of a state attorney to prosecute or to
initiate action upon a complaint or a referral by the
commission shall not bar further action by the commis
sion under this chapter.
(7) Every sworn complaint filed pursuant to this
chapter with the commission, every investigation and
investigative report or other paper of the commission
with respect to a violation of this chapter or chapter 104,
and every proceeding of the commission with respect to
a violation of this chapter or chapter 104 is confidential,
is exempt from the provisions of ss. 119 07(1) and
286.011 and is exempt from publication in the Florida
Administrative Weekly of any notice or agenda with
respect to any proceeding relating to such violation,
except under the following circumstances:
(a) As provided in subsection (6);
(b) Upon a determination of probable cause or no
probable cause by the commission; or
(c) For proceedings conducted with respect to
appeals of fines levied by filing officers for the late filing
of reports required by this chapter.
However, a complainant is not bound by the confidenti-
ality provisions of this section. In addition, confidentiality
may be waived in writing by the person against whom
the complaint has been filed or the investigation has
been initiated. If a finding of probable cause in a case is
entered within 30 days prior to the date of the election
with respect to which the alleged violation occurred,
such finding and the proceedings and records relating to
such case shall not become public until noon of the day
following such election. When two or more persons are
being investigated by the commission with respect to an
alleged violation of this chapter or chapter 104 the
commission may not publicly enter a finding of probable
Ch. 106
CAMPAIGN FINANCING F.S. 2010
cause or no probable cause in the case until a finding of
probable cause or no probable cause for the entire case
has been determined. However once the confidentiality
of any case has been breached, the person or persons
under investigation have the right to waive the con-
fidentiality of the case, thereby opening up the proceed-
ings and records to the public. Any person who
discloses any information or matter made confidential
by the provisions of this subsection commits a mis-
demeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
(8) Any person who files a complaint pursuant to this
section while knowing that the allegations contained in
such complaint are false or without merit commits a
misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s. 775.083.
(9) The commission shall maintain a database of all
final orders and agency actions. Such database shall be
available to the public and shall be maintained in such a
manner as to be searchable, at a minimum, by issue,
statutes, individuals, or entities referenced.
History.—s. 25, ch.73-128; s.11, ch. 74-200; s. 60, ch. 77-175; s. 3, ch.78-403;
s.1, ch. 82-46; s. 2, ch. B3-265; s. 39, ch 84-302; s. 20, ch. 89-256; ss. 5,14,15, ch.
90-338; s. 21, ch. 90-360; s.18, ch. 91-107; s. 5, ch. 91-429; s. 26, ch. 96-406; s. 49,
ch. 97-13; s. 34, ch. 9B-129; s. 21, ch 2004-252; s. 46, ch. 2007-30; s. 16, ch.
2010-167.
106.26 Powers of commission; rights and re-
sponsibilities of parties; findings by commission.
(1) The commission shall, pursuant to rules adopted
and published in accordance with chapter 120, consider
all sworn complaints filed with it and all matters reported
to it by the Division of Elections. In order to carry out the
responsibilities prescribed by this chapter, the commis-
sion is empowered to subpoena and bring before it, or
its duly authorized representatives, any person in the
state, or any person doing business in the state or any
person who has filed or is required to have filed any
application, document, papers, or other information with
an office or agency of this state or a political subdivision
thereof and to require the production of any papers
books, or other records relevant to any investigation
including the records and accounts of any bank or trust
company doing business in this state. Duly authorized
representatives of the commission are empowered to
administer all oaths and affirmations in the manner
prescribed by law to witnesses who shall appear before
them concerning any relevant matter. Should any
witness fail to respond to the lawful subpoena of the
commission or, having responded, fail to answer all
lawful inquiries or to turn over evidence that has been
subpoenaed, the commission may file a complaint
before any circuit court of the state setting up such
failure on the part of the witness. On the filing of such
complaint, the court shall take jurisdiction of the witness
and the subject matter of said complaint and shall direct
the witness to respond to all lawful questions and to
produce all documentary evidence in the witness's
possession which is lawfully demanded. The failure of
any witness to comply with such order of the court shall
constitute a direct and criminal contempt of court, and
the court shall punish said witness accordingly. How
ever, the refusal by a witness to answer inquiries or turn
over evidence on the basis that such testimony or
material will tend to incriminate such witness shall not
be deemed refusal to comply with the provisions of this
chapter. The sheriffs in the several counties shall make
such service and execute all process or orders when
required by the commission. Sheriffs shall be paid for
these services by the commission as provided for in s.
30.231. Any person who is served with a subpoena to
attend a hearing of the commission also shall be served
with a general statement informing him or her of the
subject matter of the commission's investigation or
inquiry and a notice that he or she may be accompanied
at the hearing by counsel of his or her own choosing.
(2) All witnesses summoned before the commission,
other than on the request of the subject of a hearing,
shall receive reimbursement for travel expenses and
per diem at the rates provided in s. 112.061. However
the fact that such reimbursement is not tendered at the
time the subpoena is served shall not excuse the
witness from appearing as directed therein.
(3) Upon request of any person having business
before the commission, and with the approval of a
majority of the commission, the chair or, in the chair's
absence, the vice chair shall instruct all witnesses to
leave the hearing room and retire to a designated place.
The witness will be instructed by the chair or, in the
chair's absence, the vice chair not to discuss his or her
testimony or the testimony of any other person with
anyone until the hearing has been adjourned and the
witness discharged by the chair. The witness shall be
further instructed that should any person discuss or
attempt to discuss the matter under investigation with
him or her after receiving such instructions the witness
shall bring such matter to the attention of the commis-
sion No member of the commission or representative
thereof may discuss any matter or matters pertinent to
the subject matter under investigation with witnesses to
be called before the commission from the time that
these instructions are given until the hearing has been
adjourned and the witness discharged by the chair.
(4) The commission, when Interrogating witnesses
as provided herein, shall cause a record to be made of
all proceedings in which testimony or otherevidence is
demanded or adduced. This record shall include rulings
of the chair, questions of the commission and its
counsel, testimony or responses of witnesses, sworn
written statements submitted to the commission, and all
other pertinent matters A witness at a hearing upon his
or her advance request and at his or her own expense,
shall be furnished a certified transcript of all testimony
taken at the hearing.
(5) Before or during a hearing, any person noticed to
appear before the commission, or the person's counsel
may file with the commission, for incorporation into the
record of the hearing sworn written statements relevant
to the purpose, subject matter, and scope of the
commission's investigation or inquiry. Any such person
shall, however, prior to filing such statement, consent to
answer questions from the commission regarding the
contents of the statement.
(6) Any person whose name is mentioned or who is
otherwise identified during a hearing being conducted
by the commission and who, in the opinion of the
commission, may be adversely affected thereby may,
upon his or her request or upon the request of any
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F.S. 2010
CAMPAIGN FINANCING Ch. 106
member of the commission, appear personally before
the commission and testify on his or her own behalf or,
with the commission's consent, file a sworn written
statement of facts or other documentary evidence for
incorporation into the record of the hearing. Any such
person shall, however, prior to filing such statement,
consent to answer questions from the commission
regarding the contents of the statement.
(7) Upon the consent of a majority of its members,
the commission may permit any other person to appear
and testify at a hearing or submit a sworn written
statement of facts or other documentary evidence for
incorporation into the record thereof. No request to
appear, appearance, or submission shall limit in any
way the commission's power of subpoena. Any such
person shall, however, prior to filing such statement,
consent to answer questions from the commission
regarding the contents of the statement.
(8) Any person who appears before the commission
pursuant to this section shall have all the rights
privileges, and responsibilities of a witness appearing
before a court of competent jurisdiction
(9) If the commission falls in any material respect to
comply with the requirements of this section, any person
subject to subpoena or subpoena duces tecum who is
injured by such failure shall be relieved of any require-
ment to attend the hearing for which the subpoena was
issued or, if present, to testify or produce evidence
therein; and such failure shall be a complete defense in
any proceeding against such person for contempt or
other punishment.
(10) Whoever willfully affirms or swears falsely in
regard to any material matter or thing before the
commission shall be guilty of a felony of the third
degree and punished as provided by s. 775.082, s.
775.083, or s. 775.084.
(11) At the conclusion of its hearings concerning an
alleged violation, the commission shall immediately
begin deliberations on the evidence presented at such
hearings and shall proceed to determine by affirmative
vote of a majority of the members present whether a
violation of this chapter or chapter 104 has occurred.
Such determination shall promptly be made public. The
order shall contain a finding of violation or no violation,
together with brief findings of pertinent facts and the
assessment of such civil penalties as are permitted by
this chapter or no such assessment and shall bear the
signature or facsimile signature of the chair or vice chair.
(12) The commission by rule may determine viola-
tions which constitute minor offenses that can be
resolved without further investigation by means of a
plea of nolo contendere and payment of a fine.
(13) The commission may not issue advisory opinions
and must, in all its deliberations and decisions, adhere
to statutory law and advisory opinions of the division.
History —s. 26, ch. 73-128; s. 12, ch. 74-200; s. 60, ch. 77-175; s. 4, ch. 78-403;
s. 64, ch. 79-400; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 21, ch. 89-256; ss 6,14,15, ch.
90-338; s. 74, ch. 91-45; s. 5, ch. 91-429; s.2, ch. 94-170; s. 1396, ch. 95.147; s. 50,
ch. 97-13; s. 35, ch. 98-129.
106.265 Civil penalties.—
(1) The commission is authorized upon the finding of
a violation of this chapter or chapter 104 to impose civil
penalties in the form of fines not to exceed $1,000 per
129
count. In determining the amount of such civil penalties,
the commission shall consider, among other mitigating
and aggravating circumstances:
(a) The gravity of the act or omission;
(b) Any previous history of similar acts or omissions;
(c) The appropriateness of such penalty to the
financial resources of the person, political committee,
committee of continuous existence, or political party;
and
(d) Whether the person, political committee, com-
mittee of continuous existence or political party has
shown good faith in attempting to comply with the
provisions of this chapter or chapter 104.
(2) If any person, political committee, committee of
continuous existence, or political party fails or refuses to
pay to the commission any civil penalties assessed
pursuant to the provisions of this section, the commis
sion shall be responsible for collecting the civil penalties
resulting from such action.
(3) Any civil penalty collected pursuant to the provi-
sions of this section shall be deposited into the 1 Election
Campaign Financing Trust Fund.
(4) Notwithstanding any other provisions of this
chapter, any fine assessed pursuant to the provisions
of this chapter, which fine is designated to be deposited
or which would otherwise be deposited into the General
Revenue Fund of the state, shall be deposited into the
"'Election Campaign Financing Trust Fund.
(5) In any case in which the commission determines
that a person has filed a complaint against another
person with a malicious intent to injure the reputation of
the person complained against by filing the complaint
with knowledge that the complaint contains one or more
false allegations or with reckless disregard for whether
the complaint contains false allegations of fact material
to a violation of this chapter or chapter 104, the
complainant shall be liable for costsand reasonable
attorney's fees incurred in the defense of the person
complained against, including the costs and reasonable
attorney's fees incurred in proving entitlement to and the
amount of costs and fees. If the complainant fails to pay
such costs and fees voluntarily within 30 days following
such finding by the commission, the commission shall
forward such information to the Department of Legal
Affairs, which shall bring a civil action in a court of
competent jurisdiction to recover the amount of such
costs and fees awarded by the commission.
History.—s. 61, ch. 77-175; s. 1, ch. 82 46; s. 2, ch. 83-265; s. 4, ch. 86.276; ss.
7, 14, 15, ch. 90.338; s. 5, ch. 91-429; s. 51, ch. 97-13; s. 36, ch. 98-129; s. 3, ch.
2000-355; s. 22, ch. 2004-252.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(9, Art. III of the State Constitution.
106.27 Determinations by commission; legal
disposition.—
(1) Criminal proceedings for violations of this chap-
ter or chapter 104 may be brought in the appropriate
court of competent jurisdiction Any such action brought
under this chapter or chapter 104 shall be advanced on
the docket of the court in which filed and put ahead of all
other actions
(2) Civil actions may be brought by the commission
for relief, including permanent or temporary injunctions,
restraining orders or any other appropriate order for the
imposition of civil penalties provided by this chapter.
Ch. 106
CAMPAIGN FINANCING F.S. 2010
Such civil actions shall be brought by the commission in
the appropnate court of competent jurisdiction, and the
venue shall be in the county in which the alleged
violation occurred or in which the alleged violator or
violators are found, reside, or transact business. Upon a
proper showing that such person, political committee,
committee of continuous existence, or political party has
engaged, or is about to engage in prohibited acts or
practices, a permanent or temporary injunction re-
straining order, or other order shall be granted without
bond by such court, and the civil fines provided by this
chapter may be imposed
(3) Civil actions may be brought to enjoin tempora-
rily the issuance of certificates of election to successful
candidates who are alleged to have violated the
provisions of this chapter or chapter 104. Such injunc-
tions shall issue upon a showing of probable cause that
such violation has occurred. Such actions shall be
brought in the circuit court for the circuit in which is
located the officer before whom the candidate qualified
for office.
History.—s. 27, ch. 73-128; s. 13, ch. 74-200; s. 62, ch. 77-175; s. 1, ch. 82-46;
s. 2, ch. 83-265; ss 8, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 37, ch. 98-129.
106.28 Limitation of actions.—Actions for viola-
tion of this chapter must be commenced before 2 years
have elapsed from the date of the violation.
History.—s. 28, ch. 73-128; s. 1, ch. 82-46; s 2, ch. 83-265; s. 22, ch. 89-256; s.
14, ch. 90 338.
106.29 Reports by political parties; restrictions
on contributions and expenditures; penalties.
(1) The state executive committee and each county
executive committee of each political party regulated by
chapter 103 shall file regular reports of all contributions
received and all expenditures made by such committee.
Such reports shall contain the same information as do
reports required of candidates by s. 106.07 and shall be
filed on the 10th day following the end of each calendar
quarter, except that, during the period from the last day
for candidate qualifying until the general election, such
reports shall be filed on the Friday immediately preced-
ing both the primary election and the general election. In
addition to the reports filed under this section, the state
executive committee and each county executive com-
mittee shall file a copy of each prior written acceptance
of an in-kind contribution given by the committee during
the preceding calendar quarter as required under s
106.08(6). Each state executive committee shall file the
original and one copy of its reports with the Division of
Elections. Each county executive committee shall file its
reports with the supervisor of elections in the county in
which such committee exists Any state or county
executive committee failing to file a report on the
designated due date shall be subject to a fine as
provided in subsection (3). No separate fine shall be
assessed for failure to file a copy of any report required
by this section.
(2) The chair and treasurer of each state or county
executive committee shall certify as to the correctness
of each report filed by them on behalf of such
committee. Any committee chair or treasurer who
certifies the correctness of any report while knowing
that such report is incorrect, false, or incomplete
130
commits a felony of the third degree, punishable as
provided in s. 775.082 s. 775 083, or s. 775.084.
(3)(a) Any state or county executive committee fail-
ing to file a report on the designated due date shall be
subject to a fine as provided in paragraph (b) for each
late day The fine shall be assessed by the filing officer,
and the moneys collected shall be deposited in the
General Revenue Fund.
(b) Upon determining that a report is late, the filing
officer shall immediately notify the chair of the executive
committee as to the failure to file a report by the
designated due date and that a fine is being assessed
for each late day. The fine shall be $1 000 for a state
executive committee, and $50 for a county executive
committee, per day for each late day, not to exceed 25
percent of the total receipts or expenditures whichever
is greater, for the period covered by the late report.
However, if an executive committee fails to file a report
on the Friday immediately preceding the general elec-
tion the fine shall be $10,000 per day for each day a
state executive committee is late and $500 per day for
each day a county executive committee is late. Upon
receipt of the report, the filing officer shall determine the
amount of the fine which is due and shall notify the chair.
The filing officer shall determine the amount of the fine
due based upon the earliest of the following:
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
5. When the electronic receipt issued pursuant to s.
106.0705 is dated
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). An officer or member of an executive
committee shall not be personally liable for such fine.
(c) The chair of an executive committee may appeal
or dispute the fine, based upon unusual circumstances
surrounding the failure to file on the designated due
date, and may request and shall be entitled to a hearing
before the Florida Elections Commission which shall
have the authority to waive the fine in whole or in part
Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the
chair of the executive committee shall within the 20 -day
period, notify the filing officer in writing of his or her
intention to bring the matter before the commission.
(d) The appropriate filing officer shall notify the
Florida Elections Commission of the repeated late filing
by an executive committee, the failure of an executive
committee to file a report after notice, or the failure to
pay the fine imposed.
(4) Any contribution received by a state or county
executive committee less than 5 days before an election
shall not be used or expended in behalf of any
candidate, issue, or political party participating in such
election
(5) No state or county executive committee, in the
furtherance of any candidate or political party, directly or
F.S. 2010 CAMPAIGN FINANCING
indirectly, shall give pay, or expend any money, give or
pay anything of value, authorize any expenditure, or
become pecuniarily liable for any expenditure prohibited
by this chapter. However the contribution of funds by
one executive committee to another or to established
party organizations for legitimate party or campaign
purposes is not prohibited but all such contributions
shall be recorded and accounted for in the reports of the
contributor and recipient.
(6)(a) The national, state, and county executive
committees of a political party may not contribute to
any candidate any amount in excess of the limits
contained in s. 106.08(2), and all contributions required
to be reported under s. 106.08(2) by the national
executive committee of a political party shall be reported
by the state executive committee of that political party.
(b) A violation of the contnbution limits contained in
s. 106.08(2) is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. A
civil penalty equal to three times the amount in excess of
the limits contained in s. 106.08(2) shall be assessed
against any executive committee found in violation
thereof.
History.—s. 29, ch. 73-128; s. 14, ch. 74-200; s. 62, ch. 77-175; s. 65, ch.
79-400; ss. 14, 33, ch. 81-304; s. 1, ch. 82-46; s. 13, ch. 82-143; s. 2, ch. 83-265; s.
40, ch. 84-302; s. 23, ch. 89-256; s. 39, ch. 90-315; ss. 10, 14, ch. 90-338; ss 8, 12,
ch. 91-107; s. 3, ch. 95-140; s. 653, ch. 95-147; s. 8, ch. 97-13; ss 23, 24, ch.
2004-252; s. 26, ch. 2005-286; s. 2, ch. 2005-360.
106.295 Leadership fund.
(1) For purposes of this section:
(a) `Leadership fund' means accounts comprised of
any moneys contributed to a political party, directly or
indirectly, which are designated to be used at the partial
or total discretion of a leader.
(b) "Leader" means the President of the Senate, the
Speaker of the House of Representatives, the majority
leader and the minority leader of each house, and any
person designated by a political caucus of members of
either house to succeed to any such position.
(2) Leadership funds are prohibited in this state. No
leader shall accept any leadership funds.
(3) This section applies to leadership funds in
existence on or after January 1, 1990.
History.—s. 24, ch. 89-256.
106.30 Short title —Sections 106.30-106.36 may
be cited as the `Florida Election Campaign Financing
Act."
History, s. 1, ch. 86-276.
106.31 Legislative intent.—The Legislature finds
that the costs of running an effective campaign for
statewide office have reached a level which tends to
discourage persons from becoming candidates and to
limit the persons who run for such office to those who
are independently wealthy, who are supported by
political committees representing special interests
which are able to generate substantial campaign
contributions or who must appeal to special interest
groups for campaign contributions The Legislature
further finds that campaign contributions generated by
such political committees are having a disproportionate
impact vis-a-vis contributions from unaffiliated indivi-
duals, which leads to the misperception of government
131
Ch. 106
officials unduly influenced by those special interests to
the detriment of the public interest, Furthermore, it is the
intent of the Legislature that the purpose of public
campaign financing is to make candidates more re-
sponsive to the voters of the State of Florida and as
insulated as possible from special interest groups. The
Legislature intends ss 106.30-106.36 to alleviate these
factors, dispel the misperception, and encourage qua-
lified persons to seek statewide elective office who
would not, or could not otherwise do so and to protect
the effective competition by a candidate who uses public
funding.
History.—s. 1, ch. 86-276; s. 67, ch. 2001-40.
106.32 1Election Campaign Financing Trust
Fund.—
(1) There is hereby established in the State Treas-
ury an 1Election Campaign Financing Trust Fund to be
utilized by the Department of State as provided in ss.
106.30-106.36. If necessary, each year in which a
general election is to be held for the election of the
Governor and Cabinet, additional funds shall be trans
ferred to the 1Election Campaign Financing Trust Fund
from general revenue in an amount sufficient to fund
qualifying candidates pursuant to the provisions of ss.
106 30-106.36
(2) Proceeds from filing fees pursuant to ss. 99 092,
99.093, and 105 031 shall be deposited into the
1Election Campaign Financing Trust Fund as desig-
nated in those sections.
(3) Proceeds from assessments pursuant to ss.
106.04 106.07, and 106,29 shall be deposited into
the 1 Election Campaign Financing Trust Fund as
designated in those sections.
History.—s. 1, ch 86-276; s. 19 ch. 91-107.
'Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(9, Art. III of the State Constitution.
106.33 Election campaign financing; eligibility.
Each candidate for the office of Governor or member of
the Cabinet who desires to receive contributions from
the 1Election Campaign Financing Trust Fund shall,
upon qualifying for office, file a request for such
contributions with the filing officer on forms provided
by the Division of Elections. If a candidate requesting
contributions from the fund desires to have such funds
distributed by electronic fund transfers, the request shall
include information necessary to implement that proce-
dure. For the purposes of ss. 106.30-106 36, candi-
dates for Governor and Lieutenant Governor on the
same ticket shall be considered as a single candidate.
To be eligible to receive contributions from the fund a
candidate may not be an unopposed candidate as
defined in s. 106 011(15) and must:
(1) Agree to abide by the expenditure limits provided
in s. 106.34
(2)(a) Raise contributions as follows:
1. One hundred fifty thousand dollars for a candi-
date for Governor.
2. One hundred thousand dollars for a candidate for
Cabinet office.
(b) Contributions from individuals who at the time of
contributing are not state residents may not be used to
meet the threshold amounts in paragraph (a). For
Ch. 106 CAMPAIGN FINANCING F.S. 2010
purposes of this paragraph, any person validly regis-
tered to vote in this state shall be considered a state
resident.
(3) Limit loans or contributions from the candidate's
personal funds to $25 000 and contributions from
national state and county executive committees of a
political party to $250,000 in the aggregate, which loans
or contributions shall not qualify for meeting the thresh-
old amounts in subsection (2)
(4) Submit to a postelection audit of the campaign
account by the division
History—s. 1, ch. 86-276; s. 40, ch. 90-315; s. 20, ch. 91-107; s. 68, ch.
2001-40; s 47, ch. 2005 278.
1Note.—The truss fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.34 Expenditure limits.
(1) Any candidate for Governor and Lieutenant
Governor or Cabinet officer who requests contributions
from the 1 Election Campaign Financing Trust Fund shall
limit his or her total expenditures as follows:
(a) Governor and Lieutenant Governor: $2.00 for
each Florida -registered voter.
(b) Cabinet officer: $1.00 for each Florida -registered
voter.
(2) The expenditure limit for any candidate with
primary election opposition only shall be 60 percent of
the limit provided in subsection (1).
(3) For purposes of this section, "Florida -registered
voter" means a voter who is registered to vote in Florida
as of June 30 of each odd -numbered year. The Division
of Elections shall certify the total number of Florida -
registered voters no later than July 31 of each odd -
numbered year. Such total number shall be calculated
by adding the number of registered voters in each
county as of June 30 in the year of the certification date.
For the 2006 general election the Division of Elections
shall certify the total number of Florida -registered voters
by July 31, 2005.
(4) For the purposes of this section, the term
'expenditure' does not include the payment of com-
pensation for legal and accounting services rendered on
behalf of a candidate.
History. --s. 1, ch. 86276; s. 41, ch. 90-315; s. 21, ch. 91-107; s. 654, ch.
95-147; s. 48, ch. 2005 278.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(1), Art. III of the State Constitution.
106.35 Distribution of funds.
(1) The division shall review each request for con-
tributions from the 1Election Campaign Financing Trust
Fund and certify whether the candidate is eligible for
such contributions. Notice of the certification decision
shall be provided to the candidate. An adverse decision
may be appealed to the Florida Elections Commission.
The division shall adopt rules providing a procedure for
such appeals.
(2)(a) Each candidate who has been certified to
receive contributions from the 1Election Campaign
Financing Trust Fund shall be entitled to distribution
of funds as follows:
1. For qualifying matching contributions making up
all or any portion of the threshold amounts specified in s.
106.33(2), distribution shall be on a two -to one basis.
132
2. For all other qualifying matching contributions,
distribution shall be on a one to one basis.
(b) Qualifying matching contributions are those of
$250 or less from an individual, made after September 1
of the calendar year prior to the election. Any contribu-
tion received from an individual who is not a state
resident at the time the contribution is made shall not be
considered a qualifying matching contribution. For
purposes of this paragraph, any person validly regis-
tered to vote in this state shall be considered a state
resident. Aggregate contributions from an individual in
excess of $250 will be matched only up to $250 A
contribution from an individual, if made by check, must
be drawn on the personal bank account of the individual
making the contribution as opposed to any form of
business account, regardless of whether the business
account is for a corporation, partnership, sole proprie-
torship, trust, or other form of business arrangement.
For contributions made by check from a personal joint
account the match shall only be for the individual who
actually signs the check
(3)(a) Certification and distribution of funds shall be
based on contributions to the candidate reported to the
division for such purpose. The division shall review each
report and verify the amount of funds to be distributed
prior to authorizing the release of funds. The division
may prescribe separate reporting forms for candidates
for Governor and Cabinet officer
(b) Notwithstanding the provisions of s. 106.11, a
candidate who is eligible for a distribution of funds
based upon qualifying matching contributions received
and certified to the division on the report due on the 4th
day prior to the election, may obligate funds not to
exceed the amount which the campaign treasurer's
report shows the candidate is eligible to receive from the
1Election Campaign Financing Trust Fund without the
funds actually being on deposit in the campaign
account.
(4) Distribution of funds shall be made beginning on
the 32nd day prior to the primary and every 7 days
thereafter
(5) The division shall adopt rules providing for the
weekly reports and certification and distribution of funds
pursuant thereto required by this section. Such rules
shall, at a minimum, provide for:
(a) Specifications for printed campaign treasurer's
reports outlining the format for such reports, including
size of paper, typeface, color of print, and placement of
required information on the form.
(b)1. Specifications for electronically transmitted
campaign treasurer's reports outlining communication
parameters and protocol, data record formats, and
provisions for ensuring security of data and transmis-
sion.
2 All electronically transmitted campaign treasur-
er's reports must also be filed in printed format. Printed
format shall not include campaign treasurer's reports
submitted by electronic facsimile transmission.
History.—s. 1, ch. 86-276; s. 25, ch. 89-256 s. 42, ch. 90-315; s. 22, ch. 91-107;
s. 69, ch. 2001-40; s. 49, ch. 2007-30.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(9, Art. III of the State Constitution.
F.S. 2010
CAMPAIGN FINANCING Ch. 106
106.353 Candidates voluntarily abiding by elec-
tion campaign financing limits but not requesting
public funds; irrevocable statement required; pen-
alty.—
(1) Not later than qualifying for office, each candi-
date for the office of Governor or member of the Cabinet
who has not made a request to receive contributions
from the 'Election Campaign Financing Trust Fund, but
who wishes to voluntarily abide by the applicable
expenditure limit set forth in s. 106.34 and the contribu-
tion limits on personal and party funds set forth in s.
106.33, shall file an irrevocable statement to that effect
with the Secretary of State.
(2) Any candidate who files such a statement and
subsequently exceeds such limits shall pay to the
'Election Campaign Financing Trust Fund an amount
equal to the amount of the excess contributions or
expenditures. Such penalty shall not be an allowable
campaign expense and shall be paid from personal
funds of the candidate. However, if a nonparticipating
candidate exceeds the expenditure limit as described in
s. 106 355 a candidate signing the statement pursuant
to this section may exceed the applicable expenditure
limit to the extent the nonparticipating candidate ex-
ceeded the limit without being subject to a penalty.
History.—s. 23, ch. 91-107.
'Note.—The trust fund expired, effective November 4, 1996, by operation of 9.
19(f), Art. 111 of the State Constitution.
106,355 Nonparticipating candidate exceeding
limits.—Whenever a candidate for the office of Gover-
nor or member of the Cabinet who has elected not to
participate in election campaign financing under the
provisions of ss. 106.30-106.36 exceeds the applicable
expenditure limit provided in s. 106.34, all opposing
candidates participating in such election campaign
133
financing are, notwithstanding the provisions of s.
106.33 or any other provision requiring adherence to
such limit, released from such expenditure limit to the
extent the nonparticipating candidate exceeded the
limit, are still eligible for matching contributions up to
such limit, and shall not be required to reimburse any
matching funds provided pursuant thereto. In addition,
the Department of State shall, within 7 days after a
request by a participating candidate, provide such
candidate with funds from the "'Election Campaign
Financing Trust Fund equal to the amount by which
the nonparticipating candidate exceeded the expendi-
ture limit, not to exceed twice the amount of the
maximum expenditure limits specified in s.
106.34(1)(a) and (b), which funds shall not be consid-
ered matching funds.
History.—s 24, ch 91-107.
'Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(9, Art. III of the State Constitution.
106.36 Penalties, fines.—In addition to any other
penalties which may be applicable under the election
code, any candidate who receives contributions from
the 'Election Campaign Financing Trust Fund and who
exceeds the applicable expenditure limit except as
authorized in ss 106.353 and 106.355, or falsely reports
qualifying matching contributions and thereby receives
contributions from the 1 Election Campaign Financing
Trust Fund to which the candidate was not entitled shall
be fined an amount equal to three times the amount at
issue, which shall be deposited in the 'Election Cam-
paign Financing Trust Fund.
History.—s. 1, ch. 86-276; s. 11, ch. 90-338; s. 25, ch. 91-107; s. 655, ch.
95-147.
'Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
A INDEX
A
ACCOUNTS
Election campaign treasurers, 106.06
ADVERTISEMENTS AND ADVERTISING
Public policy or vote of public official, advertisements
intended to influence, 106.1437
AGRICULTURE, COMMISSIONER OF
Campaign financing, 106.32, 106.33, 106.34, 106.35
Election, 100.041
Membership on
Political party state executive committee, 103.091
Term of office, 100.041
AIRCRAFT
Candidate travel on private aircraft, valuation for
campaign financing purposes, 106.055
State aircraft
Candidates for public office, use, 106.15
Charges, 106.15
Limitation on use, 106.15
ALIENS
Voter registration, ineligibility, 98.045
APPELLATE PROCEDURE
Campaign financing violation decisions, 106.04, 106.07,
106.29
Election violation decisions, 106.25
Elections laws enforcement actions, priority, 97.012
Voter registration, 97.012, 98.075, 98.0755
APPROPRIATIONS
Elections, campaign financing for statewide offices,
106.32
ASSISTED LIVING FACILITIES
Administrators, 101.655
Personnel
Administrators, 101.655
Residents
Absent electors, 101.62, 101.655
ATTORNEY GENERAL
Campaign financing, state funds, 106.32, 106.33, 106.34,
106.35
Election, 100.041
Membership on
Political party state executive committee, 103.091
Term of office, 100.041
ATTORNEYS AT LAW
Campaign financing violation hearings, right to counsel,
106.26
Elections Commission attorneys, 106.24, 106,25
Elections Commission hearings, right to counsel, 106.26
U.S attorneys, 98.093
ATTORNEYS' FEES
Election complaints false allegations, 106.265
Political party county executive committee members,
wrongful removal actions, 103.141
AUDITS
Campaign financing reports and statements, 106.22
Candidates for statewide office, public campaign funding,
106 22, 106.33
AUDITS (Cont.)
Political party executive committees, 103.121
Voting systems, 101.591
B
BIDS
Voting equipment purchases, 101.293
B ILLS OF RIGHTS
Voters 101.031
BOARDS, COMMISSIONS, AND COUNCILS
Constitution Revision Commission, 101.161
Elections
Election Assistance Commission, 97.052, 97.057,
97.058, 98.212
Election boards 101.5614, 101.68, 102.012, 102.014,
102.031, 102.071
Executive Clemency, Board of, 98.093
B ONDS
Validation
Intervention of parties, 100.321
Referendum, contesting validity of, 100.321
BOUNDARIES
Election precincts, 101.001
Polling places or early voting sites, no solicitation zones,
102.031
BRIBERY
Elections 102.168, 104.061
Voter registration, interfering with or influencing, 104.012
B UDGETING (STATE)
Financial Impact Estimating Conference, 100.371,
101.161
B UILDINGS (PUBLICLY OWNED)
County buildings
Solicitation of political contributions in, 106.15
Polling places use as, 101.71
Solicitation of political contributions in, 106.15
State buildings and facilities
Solicitation of political contributions in, 106.15
C
CABINET
Campaign financing, state funds, 106.32, 106.33, 106.34,
106.35
Contributions solicited for certain charitable organizations,
reporting duties, 106.0701
Election of members 100.041
Membership on
Elections Canvassing Commission, 102,111
Terms of members, 100.041
CAMPAIGN FINANCING
Accounting records 106.06
Advisory opinions 106.23
Appeals of violation decisions, 106.04, 106.07, 106.29
Audits, 106.22
Candidate s or spouse's living expenses, campaign funds
for, 106.1405
C INDEX
CAMPAIGN FINANCING (Cont.)
Certificates of deposit, 106.021, 106.06, 106.07,
106.0703, 106.141
Civil actions, relief from violations, 106.25, 106.27, 106.28
Committees of continuous existence, 106.011, 106.022,
106.04, 106.07, 106.08, 106.087
Complaints alleging violations, 106.25, 106.26
Confidential information, 106.25
Consent agreements involving violations, 106.25
Contributions
Accounting records, 106.06
After candidate's election or elimination, 106.141
Assessments on, 106.32
Campaign account withdrawals, 106.021
Campaign treasurer, receipt through, 106.021
Candidate's own funds, 106.021, 106.08, 106.141,
106 33
Cash, 106.09
Certificate of deposit withdrawals, 106.021
Change in office sought refund offer, 106.021
Charitable organization contributions, 106.08
Checks, 106.09, 106.35
Committees of continuous existence, 106.022, 106.04,
106.07, 106.08
Contributor identification, 106.04, 106.05, 106.07
Day of election or less than 5 days before, return,
106.08
Definition, 106.011
Deposit procedures, 106.05
Electioneering communications organizations, 106.011,
106.022, 106.0703, 106.08
Fund raisers 106.025
In-kind contributions, 106.055, 106.08
In name of another, 106.08
Independent expenditures, 106.011, 106.021, 106.087
Limitations, 106.08
Nonresidents, 106.33, 106.35
Other candidates, 104.071
Political party executive committees, 106.08, 106.33
Records 106.06
Reports
Candidates or political committees, 106.07,
106 0701, 106 0705
Certificate of deposit or account withdrawals,
106.021
Charitable organization contributions, 106.08
Committees of continuous existence, 106.04, 106.07,
106.0703, 106.0705, 106.08
Election campaign financing contributions, 106.35,
106.36
Electioneering communications organizations,
106.0705
Loan repayments, 106.075
Political committees, 106.07, 106.08, 106.19
Political party executive committees, 106.0705,
106.29
Special election to fill vacancy, 100.111, 106.07
Return, 106.07, 106.0703 106.08
Separate interest-bearing accounts, deposits and
withdrawals, 106.021, 106.06
Solicitation, 102.031, 106.15
Surplus campaign funds disposition, 106.141
Unlawful acts; penalties
After candidate's withdrawal, defeat becoming
unopposed, or election, 106.08, 106.141
Cash or cashier's check exceeding $50, 106.09
Contribution restriction violations, 106.08
Contributions through or in name of another, 106.08
2
CAMPAIGN FINANCING (Cont.)
Contributions (Cont.)
Unlawful acts; penalties (Cont.)
Day of election or less than 5 days before, failure to
return 106.08
Exceeding limits, 106.08, 106.087, 106.09, 106.19,
106.21, 106.29
Matching contributions, false reporting, 106.36
Soliciting in public buildings, 106.15
Soliciting near polling places, 102 031
Unopposed candidacy, 106.08, 106.141
Withdrawn candidacy, 106.08, 106.141
Credit cards 106.04, 106 07, 106 11, 106.125
Criminal prosecution of violations, 106.27, 106.28
Definitions, 106.011
Depositories
Checks, 106.07, 106.11
Deposit procedures, 106.05
Inspection of account records, 106.07, 106.0703
Petty cash withdrawals, 106.12
Political committees, national depositories, 106.021
Primary campaign depository, 106.021, 106 05, 106.11
Requirement, 106.021
Secondary campaign depositories, 106.021, 106.05
Withdrawal of funds, 106.11, 106.12
Elected officers office accounts, transfer of surplus
campaign funds to, 106.141
Electioneering communications, 106.011, 106.04,
106.071, 106.113, 106.1439
Electioneering communications organizations
Contributions, 106.011, 106.022, 106.0703, 106.08
Definitions, 106.011
Dissolution, 106.03
Expenditures, 106.011, 106.022, 106.0703
Polls and surveys, conducting, 106.17
Registered agent and registered office, 106.022
Registration, 106.03
Reports, 106.0703, 106.0705
Statements of organization, 106.03
Elections Commission investigations and hearings,
alleged violations 106.04, 106 07, 106 25, 106.26
Elections, Division of; powers and duties, generally,
106.22 106.23, 106.35
Eliminated candidates, funds disposal, 106.141
Expenditures
Accounting records, 106 06
Campaign treasurer, making expenditures through,
106 021, 106.07
Candidate s or spouse's living expenses, 106.1405
Candidate s own funds, 106.021
Checks, 106.11
Committees of continuous existence, 106.011, 106.022,
106.04, 106.087
Communications media placements, campaign signs,
insurance, and related expenditures, 106.021,
106.07
Credit cards, 106.07, 106.11, 106.125
Debit cards, 106.11
Electioneering communications or electioneering
communications organizations, 106.011, 106.022,
106.0703, 106.071, 106.113
Exceeding limitations, 106.36
Fund raisers, 106.025
Independent expenditures, 106.011, 106.021, 106.071,
106.087
Petty cash funds, 106.12
Political parties purchases from, 106.08
Political party executive committees, 106.087, 106.29
C INDEX
CAMPAIGN FINANCING (Cont.)
Expenditures (Cont.)
Public utility services, 106.14
Records, 106.06
Reimbursement, 106.021
Religious, civic, or charitable groups; purchases from,
106.08
Reports, 100.111, 106.04, 106.07, 106.0703, 106.0705,
106.071, 106.29
State funds, 106.32, 106.33, 106.34, 106.35
Unopposed, withdrawn, or eliminated candidates,
106.11
Forms, alternative formats and Internet availability,
97.026
Fund raisers, 106.025
Injunctive relief from violations, 106 27
Inspection of records, 106.04, 106.06, 106.07, 106.0703
Interest-bearing accounts, 106.021, 106.06, 106.07,
106,0703, 106.141
Investigations of alleged violations, 106.07, 106.23,
106.25, 106.26
Judicial office candidates, 105.071, 105.08
Limitation of enforcement actions, 106.25, 106.28
Loans, reporting, 106.07, 106.0703 106.075
Notices of violation investigations and hearings, 106.25
Petty cash funds, 106.07, 106.12
Political party executive committees, 106.08, 106.33
Public funding
Appropriations, 106 32
Audits, 106.22, 106.33
Denial, appeal, 106.35
Distributions, 106.35
Election Campaign Financing Act, 106.30
Election Campaign Financing Trust Fund
Audit of candidates receiving funds, 106.22
Deposits
Assessments, 106.32
Candidate filing fees, 106.32
Fines and penalties, generally, 106.265
Public financing for statewide office violations,
fines and penalties, 106.353 106.36
State funds 106.32
Surplus funds, 106.141
Disbursements, 106.32, 106.33, 106.34, 106.35,
106.355, 106.36
Establishment, 106.32
Eligibility, 106.33, 106.35
Expenditure limitations, 106.34, 106.35, 106.353,
106.355, 106 36
Legislative intent, 106.31
Local governments, restrictions on expending, 106.113
Matching contributions, 106.35, 106.36
Nonparticipating candidates exceeding limits, 106.355
Qualifications for funding, 106.33
Reporting requirements, 106.07, 106.35
Request for funding, procedure, 106.33
Surplus campaign funds disposition, 106,141
Voluntary abiding by limits without accepting public
funds, irrevocable statement, 106.353
Reports
Audits, 106.22
Campaign treasurers, 106.04, 106.07, 106.0705
Certification of incorrect, false, or incomplete reports,
106.04, 106.07, 106.29
Committees making contributions or expenditures to
influence results, 100.111 106.07
Committees of continuous existence, 106.04, 106.07,
106.0705
CAMPAIGN FINANCING (Cont.)
Reports (Cont.)
Elected officers, 106.075, 106.141
Electioneering communications organizations,
106.0703, 106.0705
Elections, Division of, 106.22
Electronic filing, 106 07, 106.0705, 106.0706
Expenditures, 100.111, 106.04, 106 07, 106.0703,
106.0705, 106.071 106.29
Failure to submit reports
Audits, 106.22
Candidates and political committees, 106.07,
106 0701, 106.18, 106.19, 106 21
Committees of continuous existence, 106.04
Contributions solicited for certain charitable
organizations 106.0701
Electioneering communications organizations,
106.0703
Political parties, 106.29
Surplus funds, disposition, 106.141
Financial reports, content and filing, 106.04, 106.07,
106.0703, 106.0705, 106.0706
Investigative findings, alleged violations, 106.25
Judicial office candidates, 105.08
Loans, 106.07, 106.0703, 106,075
Political committees, 106.07, 106.0705
Political party executive committees, 106 0705, 106.29
Reimbursement of campaign expenses, 106.021
Special elections or special primary elections, filing
dates, 100.111, 106.07
Surplus campaign funds, disposal, 106.141
Transfers of funds, 106.04 106.07
Unopposed candidates, 106.07
School board candidates, 105.08
State-owned aircraft and vehicles, payment for use,
106.15
Surplus funds, disposition, 106.141
Travel by candidate upon private aircraft, valuation,
106.055
Treasurers
Accounting records, 106.0.6
Appointment, 106.021
Candidates, surplus funds disposition, 106.141
Committees of continuous existence, 106.04
Deputy campaign treasurers, 106.021
Duties, generally, 106 021
Electioneering communications organizations, 106.0703
Removal or resignation, 106.021
Replacement, 106.021
Reports, 106.04, 106.07, 106.0705
Unlawful acts; penalties, 106.04, 106.07, 106.19,
106.29
Unlawful acts; penalties
Administrative penalties
Committees of continuous existence, violations,
106.04, 106.087
Electioneering communications organizations,
violations, 106.0703
Fines
Constitutional amendment Initiative sponsor
violations, 106.19, 106.265
Contnbution limits, violations, 106.19, 106.29
Expenditure violations 106.087, 106.19, 106.36
Generally 106.265
Judicial office candidates, violations, 105 071
Reporting violations, 106.04, 106.07, 106.0701,
106 0703, 106.0705, 106.19, 106.29, 106.36
Generally, 106 265
C INDEX
CAMPAIGN FINANCING (Cont.)
Unlawful acts; penalties (Cont.)
Administrative penalties (Cont.)
Rebates, ineligibility to receive, 106.087
Certificate of election, denial or rescission, 106.18,
106 21
Criminal activities
Campaign treasurers, 106.04, 106.07, 106.19,
106.29
Candidates, failure to file statement of understanding
of campaign financing provisions, 106.023
Committees of continuous existence, 106.04
Complaints containing false allegations, 106.25
Confidential investigative information, disclosing,
106.25
Electioneering communications organizations,
106.0703
Expenditure violations, 106.19
Financial reports, failure to submit, 106.18, 106.19,
106 21
Fund raisers, violations, 106.025
Generally, 106.08, 106.19
Incorrect, false, or incomplete reports certification,
106.04, 106.07, 106.0703, 106 29
Political party executive committees, 106.29
Speaking at political meetings, paying for privilege of,
106.15
Surplus campaign funds, failure to dispose of,
106.141
Witnesses before Elections Commission, false
swearing, 106.26
Expenditure violations, 106.087, 106.19, 106.353,
106,36
False allegations with intent to injure reputation,
106.265
Generally, 106.19, 106.265
Public funding for statewide office, violations, 106.353,
106.36
Removal of candidate from ballot and disqualification,
106.18
Unopposed candidates, funds disposal, 106.141
Withdrawal of candidate, funds disposal, 106 141
CANDIDATES
Advisory opinions, Division of Elections, 106.23
Campaign expenses, reimbursement for, 106.021
Campaign financing provisions, filing of statement of
understanding, 106.023
Campaign fund raisers, 106.025
Contest of election by unsuccessful candidate, 102.168
Deadline for qualifying, 99.061
Death, 99.092, 100.111
Defeated candidates return of contributions, 106.08
Definitions, 97021, 105.011, 106.011
Delegates to national convention, 103.101
Designation of office sought, 106.021
Disclosures
Financial interests, 99.061, 99.063, 105.031
Disqualification, 106 18
Donations to political parties or religious, charitable, or
civic groups, 106.08
Election Code pamphlets, distribution, 97.025
Endorsements
Joint endorsements, 106.021, 106.087
Judicial office candidates, 105.09
News media, 106.143
Political advertisements, 106.021, 106.143
Political party executive committees, 103.121
CANDIDATES (Cont.)
Endorsements (Cont.)
Unlawful acts; penalties, 103.121, 105.09, 106.143
False or malicious charges by opponents, complaint
procedures, 104.271
Federal office candidates, 99.021, 99.061, 99.095
Gifts in memory of deceased persons, 106.08
Gubernatorial candidates, 99.063, 106.0701
Independent (no party affiliation) candidates
Apportionment year, signature requirements, 99.09651
Ballots, placing names on, 99.0955, 101.151,
101.2512, 103.021
Generally, 99.0955
Petitioning for qualification, 99.0955, 103.021
Presidential elections, 103.021
Qualification, 99.021, 106.08
Qualifying fees, 99.0955
Judicial office
Ballot format, 105.041
Campaign contributions and expenses, 105.071,
105.08
Conflicting statutory provisions, 105.10
Definitions, 105.011
Endorsement or support by political party, 105.09
Nonpartisan office, 105.011
Oaths, 105.031
Party affiliation, 105.011, 105.041, 105.071
Petition for qualification 105.035
Political activity by candidates, limitation, 105.071
Political party or organization activity on behalf of,
105.09
Qualifying dates and fees, 105.031, 105.035
Write-in candidates, 105.031, 105 041
Lieutenant Governor, 99.063, 100.111, 106.0701
Living expenses, defrayal from campaign funds, 106.1405
Minor party candidates
Apportionment year, signature requirements, 99.09651
Ballots, placing names on, 101.151, 101.2512, 103.021
Generally, 99.096
Petitioning for qualification, 99.096, 103.021, 104.185
Presidential elections, 103.021
Qualification pending, determination notice, 106.08
Qualifying fees, 99.096
National convention delegates, 103.101
Nomination
Certification, 99.121
Contesting, 102.168
County commissioners, 100.081
County executive committees, endorsements or
recommendations, 103.121
President, 103.101
Presidential electors, 103.021, 103.091
Primary elections 100.061
Special primary elections, 100.102, 100.111
Vacancies in nomination or office, 100.101, 100.111,
100.141
Nonpartisan candidates, placing names on ballots,
101.2512
Oaths
Form of oath, 99.021, 105.031
Generally 99.021
Judicial office, 105.031
Presidential and Vice Presidential write-in candidates,
103.022
Qualifying for nomination or election, 99.021, 99.097,
105.031
School board candidates, 105.031
Officeholders, resign to -run requirement, 99.012
C INDEX C
CANDIDATES (Cont.)
Opposition by party committees, 103.091
Party assessments
Amount, 99.092, 103.121
Distribution, 103.121
Exemptions, 99.061 99.095
Payment, 99.061, 99.092
Refund, 106.087
Remission to party executive committees, 99.103,
100.111, 103.121
Vacancy In nomination or office, filling, 100.111
Write-in candidates, 99.061
Petitioning for qualification
Apportionment year, signature requirements, 99.09651
Campaign depositories, designation and filing of name
and address, 106.021
Campaign treasurer appointment, 106.021
Contesting signatures verification, 99.097
Dates, 99.061, 100.111, 105.035
Fraud, investigation and prosecution, 97.012
Generally, 99.095
Groups or districts, candidates in, 99.095, 101.254,
105.035, 106.021
Independent (no party affiliation) candidates, 99.0955,
103.021
Judicial office, 105.031, 105.035
Minor party candidates, 99.096, 103.021
School board candidates, 105 035
Signatures verification, 99.095, 99.097
Signing more than once, 104.185
Special district office candidates, 99.061, 99.095
Special election to fill vacancy in office, 100.111
Vacancy in office, 100.111, 100.141
Political meetings, paying for speaking privilege, 106.15
Political party contributions, 106.08
Poll watchers designation, 101.131
Polls and surveys, 106.17
President and Vice President, 103.021, 103.022, 103.101
Presidential electors, 103 021, 103.091
Public employees, 99.012
Qualifying fees
Amount, 99.092, 99.093, 105 031
Disposition, 99.061, 99.092, 99.093, 99.103
Election assessments, 99.061, 99.092, 99.093,
105.031, 106.141
Exemptions, 99.095
Filing fee, 99.061, 99.092, 105.031
Independent (no party affiliation) candidates, 99.0955
Judicial office, 105.031
Minor party candidates, 99.096
Municipal elections, 99.093
Party assessments, 99.061, 99.092
Payment, 99 061 99.092
Refund, 99.092, 106,087
School board candidates, 105.031
State executive committees, remission to, 99.061,
99.103
Vacancy in nomination or office, filling, 100.111
Write-in candidates, 99.061
Qualifying for nomination or election
Campaign depositories, designation, 106.021
Campaign treasurer, appointment, 106.021
Dates, 99.061, 100.111 101.75, 105.031, 105.035
Federal office candidates 99.021 99.061, 99.095
Generally 99.061
Independent (no party affiliation) candidates, 99.021,
99 0955
Judicial office, 105,031, 105.035
5
CANDIDATES (Cont.)
Qualifying for nomination or election (Cont.)
Minor party candidates, 99.096
National convention delegates, 103.101
Nonpartisan candidates, 105.031
Oath, 99.021, 99.097, 105.031
Office of candidacy, designation, 106.021
Political party office, 103.091
Restrictions, 99 012
School board candidates, 105.031, 105.035
Special district office candidates, 99 061, 99.095
Vacancies in nomination, 100.111, 106.18
Vacancies in office, 100.111
Write-in candidates, 99.021 99.061, 99.0615, 103,022,
105.031
Removal, 100.111
Resign -to -run requirement, public officers, 99.012
School board, 105.031, 105.035, 105.041, 105.051,
105 08
Solicitation of charitable contributions, 106.08
State, county, municipal, or district employees and
officers; using services during working hours, 106.15
State-owned aircraft and vehicles, use, 106.15
S urplus campaign funds disposition, 106.141
Travel on private aircraft, valuation for campaign
financing purposes, 106.055
U nlawful acts; penalties
Communications media, unauthorized remuneration,
104.071
Contributions to charitable or civic organizations,
106.08
Gubernatorial candidates, failure to designate running
mate, 99,063
Judicial office candidates, 105.071, 105.09
News media, unauthorized payments or gifts to,
104.071
Opposing candidates, false or malicious charges of
election violations against, 104 271
Other candidates, unauthorized remuneration, 104.071
Petitions, signature violations, 104.185
Political meetings paying for speaking privilege, 106.15
Poll -taking or publishing concerns, advocating or
opposing candidate for pay, 104.071
Promises to appoint or secure appointment for another,
104.071
State, county, municipal, or distnct officers or
employees; using services to further candidacy,
106.15
State-owned aircraft and vehicles, unauthorized use,
106.15
Support by persons or organizations, unauthorized
representation of, 106 143
U nopposed candidates, 101 151, 101.252, 106.08
Voting systems and automatic tabulating equipment,
preelection inspection and testing, 101.5612
Withdrawal, 99.092, 100.111, 106.08, 106.141
Write-in candidates
Judicial office 105.031, 105.041
Oath, requirement, 99 021
President and Vice President, 103.022
Qualification, 99 021, 99.061, 99.0615, 103.022,
105.031
Qualifying fees, 99 061
Residency requirement, 99.0615
School board candidates, 105.031, 105.041
Voting procedure, 101.5608, 104.19
CAREER SERVICE SYSTEM
Exempt positions
Elections Commission, executive director and
attorneys, 106.24
C INDEX
CERTIFICATES
Elections
Certificates of results, 102.071, 102 121, 102.151
CHARITABLE CONTRIBUTIONS
State officers or candidates, acceptance of contributions
on behalf of charitable organizations, 106.0701
CHARITABLE INSTITUTIONS
Candidate surplus campaign funds, donation to, 106.141
CHECKS
Candidates for office, payment of filing fees, 99.061,
105 031
Political campaign contributions, 106.09, 106.35
CHIEF FINANCIAL OFFICER
Campaign financing 106.32, 106.33, 106.34, 106.35
Candidate petition signature verification, reimbursement
of supervisor of elections for fees waived, 99.097
Election, 100.041
Membership on
Political party state executive committee, 103.091
Term of office, 100.041
CIRCUIT COURT JUDGES
Chief judge
Appointments
County canvassing board, substitute members,
102.141
Recall of municipal or charter county officers, calling
special election to fill vacancies, 100 361
Election contests, powers, 102.168
Merit selection and retention, local option, 101.161,
105.036, 105.102
CIRCUIT COURTS
Appellate review
Voter registration, voter ineligibility determinations,
98.0755
CITIZENSHIP
Electors, 97.041
Voter registration, 97.041, 97.052, 98.075
CIVIL ACTIONS
Campaign financing violations, 106.25, 106.27, 106.28
Political party county executive committee members,
wrongful removal, 103.141
Voter registration, 97.012, 97.023
CIVIL RIGHTS
Voting rights, 104.0515
CLEMENCY
Executive Clemency, Board of, 98.093
Notice to Department of State for voter registration
purposes, 98.093
CLERKS OF CIRCUIT COURTS
Election, 98.093, 100.041
Reports
Voters, mental incapacity, 98.093
Terms of office, 100.041
Voter registration, duties, 98.093
COERCION OR DURESS
Elections, interference with voter, 104.061
6
COERCION OR DURESS (Cont.)
Public officers and employees, political pressure, 104.31
Voting rights, interference with, 104.0515, 104.061
COLLEGES AND UNIVERSITIES (INDEPENDENT)
Students
Voter registration, 97.052, 97.0583
Voter registration, 97.052, 97.0583
COMMUNITY COLLEGES
Students
Voter registration, 97.052, 97.0583
Voter registration 97.052, 97.0583
COMMUNITY DEVELOPMENT DISTRICTS
Election costs, payment, 100.011
COMPUTERS
Internet
Campaign financing reports, electronic filing, 106.0705
Canvassing board meetings, notice, 102 141
Charitable organization so icitations by certain state
officers or candidates, disclosure on public website,
106.0701
Election forms, availability on, 97.026
Initiative financial information statements, 100.371
Political advertisements, 106.143
Polling places, change notice, 101.71
Voting equipment testing, notice, 101.5612
State systems
Elections Commission, final orders and agency actions
database, 106.25
CONFIDENTIAL INFORMATION
Absentee ballots, record of requests and delivery
information, 101.62
Campaign financing information, 106.0706, 106.25
Election violation complaints and investigative
information, 106.25
Voter identification information, 97.0585
CONGRESS
Candidates' oath 99.021
Political party state executive committees, at -large
membership, 103.091
Representatives
General election, 99.091
New offices, election for, 99.091
Political party assessments, 103.121
Qualification for election, 99.061
Vacancy in office, 100.101, 100.111
Senators
General election, 99.081, 100.161
Political party assessments, 103.121
Qualification for election, 99.061
Temporary appointment, 100.161
Vacancy in office, 100.161
CONSPIRACY
Election Code violations, 104.091
CONSTITUTION (FLORIDA)
Amendment procedure
Elections, 101.161, 101.171
Revision commission, 101.161
Oath to uphold, 97.051
Revision Commission, 101.161
CONSTITUTION (UNITED STATES)
Oath to uphold, 97.051
C INDEX E
CONSTITUTION (UNITED STATES) (Cont.)
Presidential electors, 103 051
CONSTITUTION REVISION COMMISSION, 101.161
CONTEMPT
Election investigations, subpoena violations, 106.23,
106.26
CONVENTIONS
Political parties, national convention delegates, 103.091,
103.101
CORRECTIONS, DEPARTMENT OF
Voter registration system maintenance, duties, 98.093
COUNTERFEITING
Voter information cards, 104.013
COUNTIES
Ordinances
Charter county governing board members, terms of
office commencement, 100.041
COUNTY COMMISSIONERS
Appointments
Canvassing board, substitute members, 102 141
Election 100.041
Nomination, 100 081
Recall petitions and elections (charter counties), 100.361
Term of office, 100 041
COUNTY COURT JUDGES
Canvassing board chair, 102.141
Merit selection and retention, local option, 101.161,
105.036, 105.101
COUNTY FINANCES
Electioneering communications, restriction on expending
for, 106.113
Political advertisements, restriction on expending for,
106.113
COUNTY OFFICERS
Candidates for another office, resignation, 99.012
Election, 100.041
Terms of office, 100.041
COURT COSTS
Voter registration ineligibility determination proceedings,
98.0755
CREDIT CARDS
Political campaign use, 106.04, 106.07, 106.11, 106.125
CRIMES
Election violations
Political party officers, violations by 103.121, 106.29
Employers acts against employees, 104.081
Political advertising violations, 106.071
Political party officers violations by 103.121, 106.29
Political telephone solicitation violations, 106.1439,
106 147, 106.1475
CRIMINAL PROSECUTION
Campaign financing violations, 106.27
Election violations, 106.27
Failure to prosecute, 106.25
7
CRIMINAL PROSECUTION (Cont.)
Voter registration violations, 106.27
CUSTODIANS
Voting systems, 101.34, 101.341
D
DEATH
Candidate for office, filing fee refund, 99.092
Electors; effect on absentee ballots, early voted ballots,
or mail ballot election ballots 101.6103, 101 657
101.68
Voter lists, purging, 98.045, 98.065, 98.075, 98.093
DEBIT CARDS
Campaign finance expenditures, using, 106.11
DISABILITIES, PERSONS WITH
Absentee ballots, 101.65, 101 661, 101.662, 101.6923
Buildings and facilities accessibility
Polling places, 101.56063, 101.715
Poll worker training program on etiquette and sensitivity
issues, 102 014
Voter registration
Offices serving persons with disabilities, 97.021,
97.023, 97.052, 97.053, 97 058
Voting assistance eligibility, notation on voter
information card, 97.061
Voting assistance 101.051, 101.715
Voting, provisional ballots, 101.048, 101.049
Voting systems, voter interface devices and polling
places accessibility, 101 56062, 101.56063,
101.56064, 101.56075, 101.715
DISASTERS
Absentee ballots to electors, mailing, 101.62
DISCRIMINATION
Voting rights, deprivation of or interference with, 104.0515
DRIVER LICENSES
Address change, 97.057
Application
Voter registration information, transfer to voter
registration application, 97.057
Examiners 97.057
Motor voter law, 97.053, 97.057
Offices, voter registration, 97.053, 97.057
Renewal
Voter registration at time of renewal, 97.057
Voter identification, 97.0585
Voter registration, 97.053, 97.057, 97.0585, 98.045
E
EDUCATION FINANCE
District school fund
Electioneering communications, restriction on
expending for, 106.113
Political advertisements restriction on expending for,
106.113
EDUCATIONAL INSTITUTIONS
Voter registration, 97.052, 97.0583
ELECTION CODE
Citation, 97.011
E INDEX
ELECTION CODE (Cont.)
Definitions, 97.021
Distribution, 97.025
Municipal elections, conduct governed by, 100.3605
ELECTIONS
Absentee ballots and voting
Alteration, 104.0616
Assistance in casting ballot, 101.051, 101.655,
101.661, 104.047
Assisted living facility residents, 101.655
Cancellation, elector voting in person, 101.69
Canvass of ballots, 101.5614, 101.68, 101.6925,
102.141
Challenge 101.6104, 101.68
Change of residence to another state, 101.663
Custody of marked ballot envelopes, 101.67, 101.68
Deadline, 101.67
Death of elector, effect, 101.6103, 101.68
Delivery of ballots, 101.62, 101.64, 101.6921, 104.0616
Disabilities, persons with, 101.65, 101.661, 101.662,
101.6923
Duplicate ballots, 101.5614, 102 166
Electronic voting systems 101.5612, 101.5614, 101.68
Envelopes, 101.6103, 101.64, 101.6921, 101.694
Federal postcard application, 101 694
Forms, alternative formats, 97 026
Identification or certification, voters failing to provide,
101.6921 101.6923, 101.6925
Inspection of ballots by public 101.572
Instructions, form, 101.65, 101.6923
Mail ballot elections, 101.6103, 101.6105
Mailing or transmission of ballots, 101.6103, 101.62,
101.694, 101.6952, 101.697
Marksense absentee ballots, 101.151
Nursing home residents supervised voting, 101.655
Overseas residing citizens
Absentee envelopes, 101.694
Electronic transmission of absentee ballot requests
and absentee ballots, 101.62, 101.6952, 101.697
Emergency situations, absentee voting in, 101.698
Mail ballot elections, 101.6103
Mailing date of ballot, presumption, 101.6952
Mailing of ballots, 101 62
Notice of elections, 100.025
Oath in lieu of voter's certificate, 101.64
Requests for absentee ballots, 101.62, 101.6952,
101.697
Responsible office 97.012
Voter's instructions, 101.65, 101.6923
Write-in absentee ballots, 101.6951
Overvoted or undervoted races treatment, 101.5614
Pecuniary or other benefits, offering or receiving in
connection with, 104.0616
Precinct -level returns 98.0981
Precincts of absent electors tracking, 101.64
Receipt by supervisor, deadline 101.6103, 101.67
Rejection of ballots, 101 68 101 69
Requests for ballots, 101.62, 101.6951, 101.697,
104.0616
Signature updates for use in verifying, deadline for
receipt 98 077
Uniformed services voters, 97.012, 101.62, 101.64,
101.694, 101.6952
Voter's certificate, 101.64, 101.68, 101.6921
Voting absentee ballots, 101.661
Voting in person after casting, 101 69, 104.17
Write-in absentee ballots, 101.6951
8
ELECTIONS (Cont.)
Advisory opinions, Division of Elections, 106.23
Agriculture, Commissioner of 100.041
Attorney General, 100.041
Ballots
Ballot box
Certificates of results, placement in, 102.071
Concealing, prohibition, 100.011
Defacing, destroying, or removing, 104.22
Opening to count ballots, 101.5614
Placement at polling places, 101.24, 101.5608
Ballot -on -demand technology, 101.151, 101.5612
Candidates' names
Arrangement, 101.151, 103.021
Certification of nominees' names, 99.121
Change of name, 99.061, 105.031
Districts or groups, placement of candidates in,
101.254
General elections, 100.051, 101.151, 101.2512,
103.021
Independent (no party affiliation) candidates,
99.0955, 101.151, 101.2512, 103.021
Judicial office candidates, 105.041
Minor party candidates, 101.151, 101.2512, 103.021
National convention delegates, 103.101
Nonpartisan candidates, 101.2512, 105.041
Political party executive committee candidates,
101.252
Presidential candidates, 103.021, 103.101
Primary elections, 99.063, 101.151, 101.252,
103.101
Removal, campaign finance violations, 106.18
Removal, resign -to -run violations, 99.012
Replacement nominee, 100.111
Unopposed candidates, 101.151, 101.252
Wnte in candidates, 99.061
Casting more than one ballot 101.5611, 101.64,
101.6921, 104.17, 104.18
Changing elector's ballot 104.21
Copies, printing or possession, 104.20
Cost of printing, 101.21
Counting, 101.5614 101.6103
Destruction or defacing 104.0615, 104.26
Display or exposure by elector, 104 20
Elector instructions, 101.031, 101.6103
Financial impact statements, 100.371, 101.161
Forms, 101.048, 101.151
Fraudulent ballot, voting or soliciting use, 101.5611,
101.64, 101.6921, 104.16
General elections
Candidates' names printing on ballot, 100.051,
101 151, 103.021, 105.041
Independent (no party affiliation) candidates,
99.0955, 101.151, 103.021
Judicial office, 101.161, 105.036, 105.041
Minor party candidates, 101.151, 103.021
Nonpartisan offices, 105.041
President and Vice President, 101.151, 103.021
Unopposed candidates, 101.151
Grouping candidates for office, 101.254
Identifying marks, placing on ballots, 104.20
Initiatives 100.371, 101.161
Instructions for obtaining and using, 101.031, 101.6103
Intermingling improper with proper ballots, 104.13
Lost, stolen, destroyed, or misdelivered, 101.43
101.6103
Marksense ballots 101.151, 101.5612
Minor party candidates, 101.151, 103.021
E INDEX
ELECTIONS (Cont.)
Ballots (Cont.)
Nonpartisan offices and nonpartisan candidates,
105.041
Number required, 101.21
Paper ballots, 101.21, 101.24
President and Vice President, 101.151, 103.021,
103.022, 103.101
Primary elections
Candidates' names, printing on ballot, 101.252,
103 101
Electors, political party affiliation, 101.021
G rouping candidates for office, 101.254
Nonpartisan offices, 105.041
Presidential preference primary, 103.101
Specifications and format, 101.151
U nopposed candidates, 101.252
Printing errors or supply problems, reports, 102.141
Provisional ballots
Canvass of returns, 101.049, 101.5614, 102.141
Challenged voters, 101 048, 101 111
Disabilities persons with, 101.048, 101.049
Free access system to determine if ballot was
counted, 101.048
Generally, 101.048
Marksense ballots, printing at early voting sites,
101.151
Poll -closing time, voting after, 101.049
Recounts, 102.166
Signature of prospective voter, person refusing to
execute or file affidavit, 101.49
Signature updates for use in verifying, deadline for
receipt, 98 077
Voters without identification or with unverified
identification numbers, 97.053, 101.043 101.6925
Voting In person by person requesting absentee
ballot, 101.69
Public measures, 101.161
Recall elections, municipalities and charter counties,
100.361
Rejected ballots, 101.048, 101.5608
Removal from polling place 104.20
Sample ballots mailing and publication, 101.20
Secret ballots, 101.041, 101 6103
Specifications, content and format 101.151
Spoil ballots, replacement limit, 101.5608
S ubstitute ballots, 101.43
Test ballots, 101.5612
Translation for language minority groups, statewide
ballot issues 101.2515
U nopposed candidates, 101.151, 101 252
U nused, void, or defective ballots, 101.5614
Write-in candidates
Blank space provided for, 101.151
Casting, handwritten, 104.19
Electronic voting systems, 101.5608
Judicial office, 105 041
Name, printing on ballots, 99.061
President and Vice President, 103.022
School board candidates, 105.041
Canvass of returns
Absentee ballots, 101 5614 101.68, 101.6925, 102.141
Electronic voting systems, 101.5614
Federal officers, 102 111, 102.121, 102.131
G enerally 102.141, 102 151
Location, 101.5614, 102 141
Mail ballot elections, 101.6103, 101.6104
Multi -county officers, 102.111
9
ELECTIONS (Cont.)
Canvass of returns (Cont.)
Notice requirement, 102.141
Overvotes and undervotes, 101.5614, 102.166
Preliminary returns, 102.141
Provisional ballots, 101.049 101.5614, 102.141
Special elections, 100.111
State officers, 102.111, 102.121, 102.131
Canvassing boards (county)
Absentee ballots, canvass procedure, 101.5614,
101.68, 102.141
Audits of voting systems, duties, 101.591
Canvass procedure, 101.5614, 101.68, 102.141
Certificate of results, 102.151
Contests of elections, indispensable party defendant,
102.168
Early voting, duties, 101.657
Electronic voting systems, duties, 101.5612, 101.5614
Errors in returns, certification of corrected returns,
102.111
Filing returns, 102.112, 102.141
Mail ballot elections, duties, 101.6103, 101.6104
Malfunction or error reports, 102.141
Membership, 102.141
Misconduct of member as grounds for contesting
election 102.168
Provisional ballots, duties, 101.043, 101.048, 101.049
Recounts or retabulations, 102.141, 102.166
Release of results before closing of polls, 101.5614,
101.68
Special election returns, 100.111
Unofficial returns containing counting errors, duties,
102 141
Certificates of election
Campaign violations, withholding or rescission, 106.18,
106.21
Contest, 102.168
Injunction to enjoin issuance, 106.27
Issuance, 102.155
Preelection reports, granting prior to filing, 106.18
Prima facie evidence of election, 102.155
Recording, 102.121
Certificates of results 102.071, 102.121, 102.151
Chief elections officer, 97.012, 98.035
Chief Financial Officer, 100.041
Civil actions
Campaign finance violations, 106.27, 106.28
Enforcement actions, 97.012
Injunction actions, 97.012, 106 27
Mandamus actions, 97 012
Petition signatures verification, contest, 99.097
Political party county executive committee members,
wrongful removal, 103.141
Relief from violations, actions for, 106.25, 106.27
Clerks of circuit courts, 98 093, 100.041
Community development districts, 100.011
Complaints alleging violations, 106 25
Confidential information, 106.25
Consent agreements Involving violations, 106.25
Constitutional amendments, 101.161, 101.171
Contesting election
Electronic voting systems, procedure, 102.166
Generally, 102.168
Inspection of absentee ballots by public, 101.572
Judgment of ouster, 102.1682
Legislative elections, 102 171
Petition signatures, contest of verification, 99.097
Pleadings, 102.168
E INDEX
ELECTIONS (Cont.)
Contesting election (Cont.)
Quo warranto, remedy by, 102.169
Venue, 102.1685
County commissioners
Appropriation to investigate election violations, 104.42
Canvassing board, membership, 102 141
Election and term of office, 100.041
Election districts, approval, 103.091
Nomination, 100.081
Recall petitions and elections (charter counties),
100.361
Special elections, call by commissioners, 100.151
Voting precincts, creation and alteration, 101.001,
101.002
County officers, 99.061, 100.041
Criminal prosecution of violations, 97.012, 106.27
Definitions
Campaign financing, 106.011
Election emergencies 101.732
Electronic voting systems, 101.5603
Generally, 97.021
Judicial officer elections, 105.011
Voting equipment purchasing, 101.292
Early voting, 98.0981, 101.5613, 101.657, 101.69,
102.031
Election boards, 101.5614, 101.68, 102 012, 102 014,
102.031, 102 071
Election Code, 97.011
Election emergencies
Absentee voting by overseas voters, 101.698
Change of polling place, 101.71, 101.74
Definitions, 101.732
Elections Emergency Act, 101.731
Emergency contingency plan, 101.733
Notices, 101.71, 101.733
Rescheduling election, 101.733
Returns filing deadline, determination, 102.112
Suspension or delay of elections, 101.733
Election officials
Assisting electors, 101 051, 101.655
Challenging voters, 101.048, 101.111
Clerks
Appointment, qualifications, and duties, 102.014
Certification of precinct results, 102.071
Challenged voters, duties, 101.111
Election boards, membership, 102 012
Identification of voters, 101.043
Oath of office, 102.012
Persons assisting electors in voting, requirement of
oath, 101.051
Recruitment, 102.014
Solicitation at polling places or early voting sites,
duties, 102.031
Substitute ballots 101.43
Training, 102 014
Voter identification, 101.49, 101.5608
Compensation, 102.021
Disclosure of elector's vote, 104.23
Election boards, 101.5614, 101 68, 102.012, 102.014,
102.031, 102.071
Elector signature identification, duties, 101.5608
Elector voting in person after receiving absentee ballot,
duties, 101.69
Electronic voting systems, duties, 101.5610, 101.5613,
101.5614
Eligibility for appointment, 102 012
Influencing or interfering with ballot voting, 104.051
10
ELECTIONS (Cont.)
Election officials (Cont.)
Inspection of ballots, 101.5610
Inspectors
Appointment, qualifications, and duties, 102.014
Ballots, 101.5608 102.071
Certification of precinct results, 102.071
Challenged voters, duties, 101.111
Election boards, membership, 102 012
Identification of voters 101.043
List of electors voting, 101.23
Oath of office, 102.012
Persons assisting electors in voting, requirement of
oath, 101.051
Recruitment, 102 014
Training, 102.014
Voter identification, 101.49, 101.5608
Instruction to voters, provision, 101.5608, 101.5611
Maintaining order at polls, 102.031
Misconduct as grounds for election contest, 102.168
Neglect of duty or corrupt practices, 102.168 104.051
Oath of office, 102 012
Poll opening and closing procedures 100.011
Poll watchers, 101 111, 101.131, 104.0615, 104.29
Polling place management, 101.71
Qualifications, 102.012
Rejected ballots, duties, 101.5608
Signature of prospective voter in question, 101.49
Staffing shortages or procedural violations by
employees or precinct workers, reports, 102 141
Supervised voting teams, 101.655
Training 102.014
Travel expenses, 102.021
Unlawful acts; penalties, 101.341, 101.5614, 101.68,
104.051, 104.23, 104.29, 104 32
Vacancy on election day, filling, 102.014
Voting system vendors, employment by, 101.341
Voting systems, 101.34, 101 341
Electors
Age, 97.041, 98.075
Assumed name, use, 104.24
Blind persons, 101.051
Bribery, menace, threat, or corrupt influence of
electors, 102.168, 104 061, 104.081, 104.31
Challenge procedure, 101.111
Change of name or legal residence, 97.1031, 101.045,
101.111, 101.663
Citizenship, 97.041, 98.075
Contesting election, 102.168
Death' effect on absentee ballots early voted ballots,
or mail ballot election ballots, 101.6103, 101.657
Disabilities, electors with, 97.061, 101.048, 101.049,
101.051
Display or exposure of ballot, 104.20
Disqualification, 97.041 98.075
Failure to vote, registration status, 98.065
Felons, 97.041, 98.045, 98.075, 98.093
Freeholders, 100.241
Illiterate electors, 97.061 101.051
Judicial elections, eligibility to vote in, 105.061
Mental incapacity, 97.041, 98.075, 98.093
Oath, 97.051, 101.051, 101.49, 101 64
Overseas residing citizens, notice of elections, 100.025
Qualifications, 97 041, 104.0515
Residency, 97 041, 98.075, 101.111
Right to vote 104 0515
School board elections, eligibility to vote in, 105.061
Signature on file, updating, 98.077
E INDEX
ELECTIONS (Cont.)
Electors (Cont.)
Total number, certification, 106.34
Electronic voting systems
Absentee ballots, 101.5612, 101.5614, 101.68
Adoption by county commissioners, 101.5604
Audits, 101.591
Ballots
Absentee ballots, 101.5614, 101.68
Canvassing and counting, 101.5614
Damage or error by voter, 101.5606, 101.5608,
101.5614
Inspection before polls open, 101.5610
Instruction for use, 101.5608, 101.5611
Manual counting, damaged ballot cards, 101.5614
Marksense ballots, 101.151 101.5606, 101.56075,
101.5608, 102 141
Overvotes or undervotes, treatment, 101.5606
Provisional ballots, 101.048, 101.5614
Rejected ballots, 101.5606, 101 5608
Specifications, 101.151
Spoil ballots, replacement limit, 101.5608
Tabulator, placement in, 101.5608
Touchscreen ballots, 102 141
Unused, void, or defective ballots, 101.5614
Write-in candidates, 101.5608
Canvassing board, duties 101.5612, 101.5614
Computer hardware, 101.015, 102.141, 102.166
Computer software, 101 015, 101.5607, 102.141,
102.166
Contest and recount procedures, 102.166
Definitions, 101.5603
Election officials, 101.5610, 101.5613, 101.5614
Electronic Voting Systems Act, 101 5601
Equipment
Approval, 101.015, 101.5604, 101.5605
Computer hardware 101.015, 102.141, 102.166
Construction standards, 101.5606
Examination, 101.5605, 101.5613
Inspection and testing prior to election or recount,
101.5612, 102.141
Malfunctions, reports 102.141
Instructions to voters 101.5608 101.5611
Legislative intent, 101.5602
Political party computer expert, presence at testing and
vote counting, 101.5612
Polling place, 101 71
Preelection or prerecount inspection and testing,
101.5612, 102.141
Programs and ballots used in testing, custody,
101.5612
Provisionally approved system, 101.015
Punch card type systems, prohibition, 101.56042
Purchase, procurement, and use, 101.5604
Requirement, 101.5604
Requirements for approval, 101.5606
Returns, canvass and post results, 101.5614
Review of system, 101.5607
Secret voting, 101.5606
Security guidelines, 101.015 101 5614
Standards and certification, 101.015 101.017, 102 166
Tabulation, 101.5604, 101.5606, 101.5612, 101.5614
Transmission of returns 101.5614
Voting procedure, 101.5608
Write-in candidates, 101.5608
Enforcement of statutory provisions, 97.012
Expenses
Community development districts, 100.011
ELECTIONS (Cont.)
11
Expenses (Cont.)
County and state offices, payment, 100.011
Freeholder elections, generally, 100 241
Mail ballot elections, 101.6102
Petition signature challenge, 99.097
Special districts, generally, 100.011
Special election or special primary election, 100.102
Forms
Absentee voter's certificate, 101.64, 101.6921
Absentee voting instructions, 101.65 101.6923
Alternative formats and Internet availability, 97.026
Campaign financing requests, statewide elections,
106.33
Candidate oath, 99.021, 105.031
Change of name or legal residence of registered
elector, 101.045
Declaration to secure assistance, 101.051
Elector affidavit, 101.49
Initiative petitions 100.371
Precinct register, 98.461
Provisional ballot voter's certificate and affirmation,
101.048
Uniform ballot forms, 101.151
Voter challengers, oath, 101.111
Fraud
Assumed name, use, 104.24
Contest of election, 102.168
Investigations or examinations, 97.012
Records, fraudulent entries, 104.22
Freeholders 100.241
General elections
Bond referendum combined with, 100.261
Cabinet officer, 100.041
Dates for holding, 100.031
Governor, 100.041
Holding, 100.031
Initiatives 100.371
Judgment of ouster, 102.1682
Judicial office, 105.051
Legislators, 100.041
Notice, 100.021
Polls, opening and closing time, 100.011
Precinct -level results, 98.0981
President and Vice President 103.011
State and county officers, 100.041
Tie votes 100.181
United States Representatives, 99.091
United States Senators, 99.081
Winner, determination, 100.181
Write-in candidates, 101.151
Governor
Election and term of office, 100.041, 101.595
Election emergencies, powers, 101.733
Elections Canvassing Commission, member, 102.111
Lieutenant Governor, running jointly, 101 151
Presidential electors, duties, 103.021, 103.051, 103.061
Protested election, revocation of ousted officer's
commission, 102.1682
Special elections, 100.111, 100.141
Special investigation officers, appointment, 102.091
United States Senate vacancies calling election and
temporary appointment, 100.161
Grand jury investigation, alleged violations, 104.43
House of Representatives (state), 100.041, 100.101,
100.111
Initiatives
Financial impact statements, 100.371, 101.161
E INDEX
ELECTIONS (Cont.)
Initiatives (Cont.)
Financial information statements, 100.371
Judicial selection initiatives, 101.161, 105.036
Petitions
Forms, signatures, and signature revocations; validity
and verification, 100.371, 105.036
Judicial selection initiatives, 105.036
Paid circulators, use, 106.19
Signatures gathered for, effect of ch. 97-13, Laws of
Florida, 106.191
Political committee sponsors, 100.371, 105.036, 106.19
Private property, initiative activity on, 100.371
Procedure for placement on ballot, 100.371
Validity, Supreme Court advisory opinion, 100.371
Investigations, 97.012, 101.58, 102.091, 104.42, 104.43,
106.07, 106.25
Judges
Ballots, 101.161, 105.036, 105.041
Circuit courts and county courts
Direct election or merit selection and retention, local
option, 101.161, 105.036
Generally, 105.051
Initiatives for judicial selection, 105.036
Transition provisions, 105.101, 105.102
Unopposed candidates, 105.051
Conflicting statutory provisions, 105.10
Definitions, 105.011
Electors qualified to vote for judges, 105.061
General election, 105.051
Nonpartisan office 105.011
Primary election, 105.051
Retention elections, 105.041, 105.051
Supreme Court justices, 105.041, 105.051
Law enforcement officers, duties, 102.031, 102.101,
104.11
Legislators, 100.041, 100.101, 100.111
Lieutenant Governor, 101.151, 101.595
National convention delegates, 103.101
Notices
Ballot, publishing, 101.20
Candidates endorsed for nomination by county
executive committees, 103.121
Election emergencies, 101.71, 101.733
General election, 100.021
Overseas residing citizens, notice of elections, 100.025
Poll opening time, 100.011
Polling place, change, 101.71
Public officeholders, resignation to qualify for another
office 99 012
Registration 97.073, 97.1031, 98.065
Rejection of elector's absentee ballot as illegal, 101.68
Special election, 100.141, 100.151
Violation investigations and hearings, 106.25
Voter fraud penalties, 101.5611
Voting equipment preparation and testing, 101.5612
Voting precincts, change, 101.001
Voting system audits, 101.591
Oaths
Administration and attestation, 101.665
Assistance to electors, persons providing, 101.051
Clerks and inspectors, 102.012
Election board members, 102 012
Elections, Division of; authority of representatives to
administer, 106.23
Electors, 97.051, 101.051, 101.49, 101.64
False swearing, 104.011
Military personnel voting absentee ballots, 101.64
12
ELECTIONS (Cont.)
Oaths (Cont.)
Overseas residing citizens voting absentee ballots,
101.64
Voter challengers, 101.111
Petitions, recall elections, municipalities and charter
counties, 100.361
Petitions, signature violations, 100.361, 104.185
Poll list, 101.23, 102.071
Poll watchers, 101 111, 101.131, 104.0615, 104.29
Polling places
Accessibility, 101.56063, 101.71, 101.715
Ballot box 100.011, 101.24, 101.5608, 104.22
Change of location, 101.001, 101.71, 101.74
Closing procedure, 100.011
Closing time, voting after, 101.049
Constitutional amendments, availability of copies,
101.171
Distributing political or campaign material near polls,
102 031
Early voting areas or early voting sites, 101.051,
101.131, 101.151, 101.171, 101.657, 101.69,
102.031
Election board preopening duties, 102 012
Emergency relocation, 101.71, 101.74
Law enforcement officers, presence, 102.031, 102.101
Location and physical accommodations, 101 71,
101.715
Maintenance of order, 102.031
Opening and closing hours, 100.011
Persons allowed to vote, 102.031
Polling procedures manual, availability, 102 014
Polling rooms admission and photography, 102.031
Results posted at polls, 102.071
Sample ballots, 101.20
Sign denoting location, 101.71
Site selection standards 101.715
Soliciting votes, voters opinions, contributions, or
petition signatures at or near polls, 101.051, 102 031
Voter interface devices for persons with disabilities,
accessibility, 101.56062, 101.56075
Precincts
Audits of voting systems, 101.591
Boundaries and boundary changes, 101.001
Change of legal residence, directing elector to another
precinct, 101.111
Collocated precincts, 101.71, 102 012
Consolidation of smaller precincts, 101.001
Early voted ballots, tracking, 101.657
Early voting results, reporting 101.657
Election boards, 101.5614, 101.68, 102.012, 102.014,
102.031, 102 071
Elections results on precinct level, compilation, 98.0981
Electors voting absentee ballots, tracking, 101.64
Mapping, 101.001
Municipal, boundaries, 101.002
Numbering, 101.001
Poll watchers, 101.131
Registration records
Furnishing to precincts, 102.012
Precinct registers 97.061, 98.461, 101.043, 101.49
Return after polls close, 102.071
Statistical data compilation on precinct level, 98.0981
Preemption by state of election regulations, 97.0115
President and Vice President
Ballots, 101.151, 103.021, 103.022, 103.101
Canvass of election returns 102 131
Change of residence to another state, effect on voting,
101.663
E INDEX
ELECTIONS (Cont.)
President and Vice President (Cont.)
Date for general election, 103.011
Date for primary election, 103.101
Independent (no party affiliation) candidates, 103.021
Minor political party candidates, 103.021
National convention delegates and alternates, 103.101
Overvotes and undervotes, 101.595
Primary election, 98.0981, 103 101
Vacancies in offices, special election, 100.101
Write-in candidates, 103.022
Presidential Candidate Selection Committee, 103.101
Presidential electors
Absence from meeting place, 103.061
Canvass of election returns, 102.131
Certification of election, 103.011
Date of election, 103.011
General election ballot, appearance on, 103.021
Meeting, 103.051
Minor political parties, 103.021
Nomination, 103.021, 103.091
Notice of readiness to perform duties, 103.061
Qualifications, 103.021
Special election, 100.101
Travel expenses, 103.071
Vacancy, 100.101, 103.021, 103.061, 103.062
Presidential preference primary 103.101
Primary elections
Ballot specifications and format, 101.151
County commissioners, nomination, 100.081
Date, 100.061
Electors, political party affiliation, 101.021
G rouping of candidates on ballot, 101.254
G ubernatorial candidates, running without Lieutenant
Governor candidates, 99.063
Judicial office 105.051
N ational convention delegates, congressional district
level, 103.101
Polls, hours of operation, 100.011
Precinct -level results, 98.0981
Presidential preference, 98.0981, 103.101
Returns, filing deadline, 102.112
School board members, 105.051
Special primary elections 100.101, 100.102, 100.111,
100 141
Tie vote, 100.061
Time, 100.061
Unopposed candidate, 101.252
Vacancies in nomination, 100.111
Property appraisers, 100.041
Recall elections, municipalities and charter counties,
100.361
Records
Committees of continuous existence, 106.04
Contributions and expenses, 106 06
Elections Commission hearings, 106.26
Electronic tabulation devices, preelection testing
records, 101.5612
Retention period, 98.015
Stealing, destroying, or making fraudulent entries,
104.22
Representatives (state), 100.041, 100.101, 100.111
Resign -to -run requirement, public officers 99.012
Results
Absentee ballots, 101.68, 102.141
Canvassing Commission, duties, 100.111, 100.191,
102.111, 102 121, 102.131, 102 141
Certificates, 102 071, 102.121, 102.151
13
ELECTIONS (Cont.)
Results (Cont.)
Certification by county canvassing boards, 102.141,
102.151
Certification by federal and state officers, 102.121,
102.131
Count watchers, denial of privilege or interference with,
104.29
Early release, 101.6103, 101.657, 101.68
False or irregular returns, certification 102.131
Filing deadlines, 102.112, 102 141
Fraudulent entry or alteration of record tally sheets,
104.22
Judicial nonpartisan elections, 105.051
Posting results, 101.5614, 102.071
Precinct -level results, 98 0981
Recounts or retabulations, 102.141, 102.166
Release before closing of polls, 101.5614, 101.68
State, Department of; duties, 100.351, 102.112,
102 151
Supervisor of elections, transmission by, 102 151
Tabulation of votes, 101.5614, 102.071
Right to vote, 104.0515
Senators (state), 100.041, 100.101, 100.111
Sheriffs
Compensation of deputies, 102.021
Duties, generally, 102.091
Election and term of office, 100.041
Entry to polling places or polling rooms, limitation,
102.101
Maintenance of order, 102.031
Neglect of duties, 104.11
Notice of general election, posting, 100.021
Refusal to assist sheriff or deputy at polls, 104.101
Training for deputies, 102.014
Special elections
Applicable statutory provisions, 100.191
Bond issue combined with special election, 100.261
Canvass of returns and declaration of nominees,
100.111
County commissioners, call by, 100.151
Date, 100.101, 100.111, 100.141
Early voting, 101.657
Governor, call by, 100.111, 100.141
Municipal governing authority, call by, 100.151
Notice 100.141, 100.151
Polls, hours of operation, 100.011
Precinct -level results, 98 0981
Recall elections, municipalities and charter counties,
100.361
Registration books, availability, 100.151
Return of results, 100.111
State reimbursement of counties, 100.102
Vacancies filling, 100.101, 100.102, 100.111, 100.141
State, Department of
Absentee ballots, alternative formats, 101.662
Ballot specifications, 101.151 103.101
Candidate filing fees, disposition, 99.103, 105.031
Candidates qualifying for election report, 99.092
Certificates of election recording, 102.121
Constitutional amendments, 101.161, 101.171
Deputies to examine registration and election
processes, 101.58
Election Code pamphlets, distribution, 97.025
Electronic voting systems
Approval, 101 5605, 101.5606
County voting systems, compliance review, 101.5607
Examination, 101.5605
E INDEX
ELECTIONS (Cont.)
State, Department of (Cont.)
Electronic voting systems (Cont.)
Performance report, preparation, 101.595
Rulemaking authority, 101.015, 101.5608, 102.166
Software development, 101.5607
Unofficial returns containing counting errors,
tabulation software verification, 102.141
Voting system information maintenance, 101.5607
Examination of election and registration processes,
deputies for, 101.58
Forms, Internet availability, 97.026
Independent (no party affiliation) candidates, duties,
106.08
Minor party candidates, duties 106.08
Nominees, certification, 99.061, 99.121
Notice of elections, publication, 100 021, 100.141
Overvote and undervote identification and sorting
hardware and software, certification, 102.166
Political party executive committee filings, 103.101,
103.121
Poll worker training program, development, 102.014
Precinct -level election results and book closing
statistics, public availability, 98.0981
Premises records, equipment, and staff of supervisor
of elections; access by employees, 101.58
Presidential electors, certification, 103.011
Results of election, duties 100.351, 102 112, 102.151
Special elections, duties, 100.102, 100.111, 100.141
Statistical information, furnishing, 98.212
Uniform polling place procedures manual, duties,
102.014
Voting equipment, certification for use, 101.294
Voting history information reports, 98.0981
Voting system performance reports, preparation,
101.595
State preemption of election regulations, 97.0115
State, Secretary of; duties, 97.012, 101.001, 101.151,
101.58, 102.141, 102.166, 103.101, 105.036, 10624
Statistical information, furnishing, 98.212
Supreme Court justices, 105.041, 105.051
Tax collectors, 100.041
Time limitation for filing complaints of violations, 106.25
Unlawful acts; penalties
Aiding, abetting, advising, or conspiring violations,
104.091
Ballots
Absentee ballots, 104.0616, 104.17
Ballot boxes; defacing, destroying, or removing
104.22
Casting more than one ballot, 101.5611, 101.64,
101.6921, 104.17, 104.18
Changing elector's ballot 104 21
Copies prepared to be voted, printing or possessing,
104.20
Counting, refusal to allow watchers, 104.29
Defacing or destroying ballot, 104.0615 104.26
Delaying or obstructing delivery, 104.0615
Display or exposure by elector, 104.20
Fraudulent ballot, voting or attempting to vote,
101.5611 101.64, 101.6921, 104.16
Identifying marks placing on ballots, 104.20
Improper ballots, placing in ballot box or intermingling
with proper ballots, 104.13
Record tally sheets and returns; altering, destroying,
or stealing, 104.22
Removal from polling place, 104.20
Write-in ballots, casting other than in handwriting,
104.19
14
ELECTIONS (Cont.)
Unlawful acts; penalties (Cont.)
Challenges to right to vote, frivolous filing, 101.111
Community development districts, failure to pay
election expenses, 100.011
Complaints containing false allegations, 106.25
Confidential investigative information, disclosure,
106.25
Election officials, 101.341, 104.051, 104.0615, 104.23,
104.29, 104.32
False allegations with intent to injure reputation,
106.265
Generally, 104.41, 106 265
Law enforcement officers, neglect of duty, 104.11
Law enforcement officers, refusal to assist, 104.101
Mail ballot election results, early release, 101.6103
Municipal recall elections, 100.361
Oath, false swearing to, 104.011
Petitions, signature violations, 100.361, 104.185
Political party officers, 103.121 106.29
Poll -taking or publishing concerns, advocating or
opposing candidate for pay, 104.071
Public officers and employees, political activities,
104.31
Results, release before closing of polls, 101.5614,
101.6103, 101.68
Soliciting votes, voters, opinions contributions, or
petition signatures at or near polling places or early
voting sites, 101.051, 102.031
Special districts, failure to pay election expenses,
100.011
Supervisors of elections, 104.051, 104.32
Voter information card; destruction, sale, or
unauthorized use, 104.013
Voting
Absentee and in-person ballots by same elector,
104.17
Assistance, false declaration for, 104.031
Assisting elector in voting booth, unauthorized
persons 101.051
Assumed name, use, 104.24
Buying votes, 104.061
Carrying items into voting booth, 104.19
Casting more than one ballot, 101.5611, 101.64,
101.6921, 104.17, 104.18
Changing elector's vote, 104.21
Denial of right to vote, 104.0515, 104.0615
Disclosure of elector's vote, 104 20, 104.23
Employers, discharging or threatening to discharge
employees for voting, 104.081
Fraud in casting vote, 101.5611, 101.64, 104.041,
104.16, 104.24
Interference with free exercise of right to vote,
104.0515, 104.061, 104.0615
Selling vote, 104.045
Soliciting voters at or near polling places or early
voting sites, 101.051, 102.031
Stickers or rubber stamps, use on ballot, 104.19
Threats to influence voter, 104.061, 104.0615,
104.081 104.31
Unqualified elector voting by, 104.15
Write-in ballot in other than handwriting, 104.19
Voting booths or compartments; defacing, destroying
or removal, 104.26
Voting equipment or voting systems, 101.295, 101.341,
104.30
Vacancies in office
Elective offices not filled by appointment, 100.111
E INDEX E
ELECTIONS (Cont.)
Vacancies in office (Cont.)
Legislature, 100.101, 100.111
Presidential electors, 100.101, 103.021, 103.061,
103.062
Recall elections, municipalities and charter counties,
100.361
Special elections, 100.101, 100.102, 100.111, 100.141
U .S. House of Representatives, 100.101, 100.111
U .S. Senate, 100.161
Voting
Assistance, 97 061, 101.051, 101.655, 104.031
Buying votes, 104 061
Carrying mechanical devices, memoranda, or papers
Into voting booth, 104.19
Casting more than one ballot, 101.5611, 101.64,
101.6921, 104.17, 104.18
Challenging voters, 101.048, 101.111, 104.0615
Changing elector's vote, 104.21
Deprivation of voting rights, 104.0515
D isabilities, persons with, 101.048, 101.049,
101.56062, 101.56063, 101.56064, 101.56075,
101.715
Disclosure of elector's vote, 104.23
District, 101.045
Early voting, 98.0981, 101.5613, 101.657, 101.69,
102.031
Educational programs, 98.255
Employers, discharging or threatening to discharge
employees for voting, 104.081
Fraud
Absentee ballots, 101.64 101 6921
Assumed name, use 104.24
Criminal prosecution of violations, 97.012
Election fraud education, 97.012
Fraudulent ballot, voting, 104.16
Investigations 97.012
Notice to voters, 101.5611, 101.64
Penalties, 101.5611 101.64 104.041, 104.16,
104.24
Reward for Information leading to conviction, 106.24
State, Secretary of; duties, 97.012
Voter fraud hotline, 97.012
Freeholder, 100.241
H elp America Vote Act of 2002, procedures on
complaints of violations, 97.028
H istory of voting, 98.0981
Identification of electors
Absentee voters, 101.6925
Confidentiality of identifying information, 97.0585
Early voting, 101.657
Generally, 101.043
Mail -registered first-time voters, 97.052, 97.0535
Signature of voter, 97.0585, 101.043, 101 49
Instructions to elector, 101.031, 101 048, 101.6103
Interference with voting 101.71, 104.0515 104.061,
104.0615
Legal residence change, procedure, 101.045, 101.111,
101.663
Marksense ballots, use of marking devices, 101.56075
N ame change procedure, 101 045
Overvotes and undervotes, 101.5606, 101.5614,
101 595, 102.166
Poll list of electors, 101.23, 102.071
Poll watchers 101.131
P recincts 101 045
Provisional ballots, 101.045, 101.048, 101.69
Right to vote, 104.0515
15
ELECTIONS (Cont.)
Voting (Cont.)
Secret vote, 101.041, 101.5606
Selling votes, 104.045
Signature identification, 101.5608
Soliciting votes near polls, 102.031
Stickers or rubber stamps, use In casting ballot, 104.19
Supervision, 101.58
Threats to influence voter, use, 104.061, 104.0615,
104.081, 104.31
Time polls open and close, 100.011
Unqualified elector, voting by, 104.15
Voter Protection Act, 104.0615
Write-in candidates, 101 5608, 104.19
Voting booths, 101.051 101.51, 101 71, 104.19, 104.26
Voting systems and equipment
Acquisition, 101.293 101.294, 101.295
Audits, 101.5911
Custodians, 101.34, 101.341
Definitions, 101 292
Disabilities, persons with; voting systems and
accessibility, 101.56062, 101.56075
Election officials, 101.34, 101.341
Inspection and testing, 101.5612, 101.58, 102,141
Keys, 104.30
Malfunctions, reports, 102.141
Possession, unauthorized, 10420
Purchase, use, and sale standards, 101.293, 101.294
Standards and certification, 101.017, 101.294
Tampering, 104.30
Uncertified voting systems, 101 294, 101.295
Vendors, 101.294, 101.295, 101.341
Witnesses, election violations, 104.39
ELECTIONS CANVASSING COMMISSION
Certifying election results, 102 111, 102.121
Contests of elections, indispensable party defendant,
102 168
Deadline for filing returns, setting, 102 112
False or irregular returns, duties, 102.131
Membership, 102.111
Recounts duties, 102.141
Rulemaking authority, 101.698
Special election returns, 100.111, 100.191
ELECTIONS COMMISSION
Budget 106.24
Campaign financing contributions denial, appeal, 106.35
Campaign financing violations, duties, 106 04, 106.07,
106.0703, 106.25, 106 26, 106.265 106.29
Campaign treasurers' accounts, inspection, 106.06
Complaints by aggrieved candidates, 104.271
Confidentiality of complaints and proceedings, waiver,
106.25
Creation, 106.24
Election violations, duties, 106.25, 106.26, 106.265
Executive director, 106.24, 106.25
Final orders and agency actions database, maintenance,
106 25
Hearings
Campaign financing violations, 106.04, 106.07,
106.0703 106.25, 106.26, 106.29
Election violations, 106.25, 106 26
False or malicious charges against opponents, 104 271
Single commissioner or partial panel hearings before,
106.24
Voter registration violations, 106.25, 106.26
Jurisdiction, 106.165, 106.25
E INDEX
ELECTIONS COMMISSION (Cont.)
Meetings, 106.24
Membership, 106.24
Oaths, authority to administer, 106 26
Penalties, assessment, 106.26, 106.265
Powers and duties, 106.25, 106.26
Quorum and voting, 106.24
Rulemaking authority 104.271, 106.24, 106.26
Service of process and orders, 106.26
Staff, 106.24
Subpoena power, 106.26
Trust Fund 99.092, 99.093, 105.031, 106.24
Voter registration violations, duties, 106.25, 106.26,
106.265
ELECTIONS, DIVISION OF
Campaign depository records, inspection, 106.07,
106.0703
Campaign financing, powers and duties; generally,
106.22, 106.23, 106.33, 106.35
Campaign reports, electronic filing system, 106.0705
Campaign treasurers' accounts, inspection, 106.06
Candidate petitions for qualification duties, 99.095
Committees of continuous existence, duties, 106.04
County canvassing boards, reports to, 102.141
Elections Canvassing Commission, staff services for,
102.111
Initiative petition duties, 100.371
Investigations, 97.0575, 106.23
Judicial office candidates duties, 105.031, 105.035
Oaths, authority to administer, 106.23
Poll worker training curriculum, development, 102.014
Registered voters, certification of total number 106.34
Rulemaking authority
Campaign financing, 106.04, 106.35
Campaign reports, electronic filing, 106.0705
Committees of continuous existence, revocation of
certification 106.04
Elections emergency contingency plan, 101.733
Generally, 106.22
Initiative petition -revocation form, 100.371
Political committees or electioneering communications
organizations, dissolution, 106.03
Voter registration by third -party organizations, 97.0575
Voting equipment, 101.294
School board candidates, duties, 105.035
Subpoena power, 106.23
Telephone solicitor registered agent forms, duties,
106.1475
Third -party voter registration organizations, duties,
97.0575
Voter registration applications or changes, acceptance,
97.053
Voting equipment purchase, use, and sale; duties,
101.293, 101.294
Voting Systems Certification, Bureau of, 101.017
Voting systems, duties, 101.015
ELECTIONS SUPERVISORS OF
Absentee ballots, 101.62, 101.64, 101.6921, 101.6925,
101.6952, 101.697
Ballots
Absentee ballots, duties, 101.62, 101.64, 101.6921,
101.6925, 101.6952, 101.697
Box, duty to furnish, 101 24, 101.5608
Box, sealing and delivery to counting location,
101 5614
Candidates names, placement, 101.2512
16
ELECTIONS, SUPERVISORS OF (Cont.)
Ballots (Cont.)
Illegal absentee ballots, notice to electors, 101.68
Inspection by public, duties, 101.572
Mad ballot elections, duties, 101.6103
Printing 100.051, 101.21
Provisional ballots, duties, 101.048, 101.049
Sample ballot, publishing, 101.20
Candidate filing fees, duties, 105.031
Candidate list, submission to Department of State, 99.092
Certificates of election, issuance 102.155
Challenging voters, duties, 101.111
Community development district elections, duties,
100.011
Compensation
Payment by county, 98.015
Constitutional amendments, availability at polling rooms
or early voting areas, 101.171
County canvassing boards, members, 102.141
County voting system filings, duties, 102.141
Delivery of registration books to successor, refusal,
104.32
Deputy supervisors, 98.015, 101.5614, 101.665, 101.68
Duties, generally, 98.015
Early voting at offices of, 101.657
Election, 98.015
Election boards, appointment, 102.012, 102.014
Election clerks, inspectors, and deputy sheriffs; training
and certification 102.014
Election Code pamphlets, distribution, 97.025
Election districts, provision, 103.091
Electronic voting systems, use of provisionally approved
system, 101.015
Independent (no party affiliation) candidates, duties,
99.0955, 106.08
Influencing or interfering with ballot voting, 104.051
Initiative petitions, duties, 100 371, 105.036
Judicial office candidates, duties, 105.035
Mail ballot elections, duties 101.6102, 101.6103
Mail -registered voters notification of identification
requirements, 97.0535
Malfunction or error reports, 102.141
Materials retention or destruction, 101.545
Minor party candidates duties, 106.08
Municipal elections, duties, 101 002
Nominees, certification from Department of State, 99.121
Oath, 98.015
Oaths, authority to administer, 101.665
Office hours, 98.015
Overvotes and undervotes, reports, 101.595
Petition signatures verification, 99.095, 99.097, 103.021,
105.035
Petitions, retention period, 99.097
Poll watchers, 101.131
Pollworker recruitment and training, duties, 102.014
Precinct boundary changes, 101.001
Precinct collocation duties, 101.71, 102.012
Recall petitions in municipalities and charter counties,
signature verification, 100.361
Results release before closing of polls, 101.5614, 101.68
Results transmission, 102.151
School board elections, duties 105.035
Seal, 98.015
Security procedures, 101.015
Solicitation at polling places or early voting sites, duties,
102 031
Special district elections, duties, 100.011
Special elections, notice, 100.141, 100 151
E INDEX G
ELECTIONS, SUPERVISORS OF (Cont.)
Statistical information, furnishing, 98.212
Supervised voting for assisted living facility and nursing
home residents, duties, 101 655
Uniform polling place procedures manual, availability to
precincts, 102 014
Unlawful acts* penalties
Interfering with or influencing voter, 104.051
Release of election results before closing of polls,
101.5614, 101.68
Voter registration records, refusal to deliver to
successor, 104.32
Voter educational programs, duties, 98.255
Voter's Bill of Rights and Responsibilities, posting at each
polling place, 101.031
Voting equipment testing, notices, 101.5612
Voting systems, custodian, 101.34
Write-in voting, duties, 101.5608
ELECTRONIC MAIL
Absentee ballot requests and absentee ballots for absent
uniformed services voters and overseas voters,
101.62, 101.6952
EMERGENCIES
Voting equipment purchases, 101.293
EMERGENCY MANAGEMENT
Definitions, 101 732
Governor
Elections; suspension, delay, or rescheduling, 101.733
ESTIMATING CONFERENCES
Financial Impact Estimating Conference, 100.371,
101.161
ETHICS IN GOVERNMENT
Candidates for public office
Financial interests, disclosure, 99.061, 99.063, 105.031
Disclosure
Financial interests, generally, 99.061
EVIDENCE
Bond referenda results, 100.291
Presumptions
Absentee ballots from absent uniformed services and
overseas voters, date of mailing, 101.6952
FACSIMILE TRANSMISSIONS (FAX)
Absentee ballot requests and absentee ballots for absent
uniformed services voters and overseas voters,
101.62, 101.697
FALSE PERSONATION
Elector, 104.24
FEDERAL COURTS
Felony convictions, notice to Department of State, 98.093
FEDERAL. FUNDS
Voting systems and polling place accessibility for persons
with disabilities, state eligibility for, 101.56063,
101.56064
FELONS
Public office, recall in municipalities and charter counties,
100.361
17
FELONS (Cont.)
Voting
Disqualification, 97.041
Registration application, felons with civil rights restored,
97.052
Registration system, removal of name from, 98.045,
98.075, 98.093
FINANCIAL IMPACT ESTIMATING CONFERENCE
Initiatives, financial impact statements and financial
information statements, 100.371, 101.161
FINES AND PENALTIES
Candidates false or malicious charges against
opponents, 104.271
Political party executive committee officers and members,
103.161
Third -party voter registration organizations, 97.0575
FISH AND WILDLIFE CONSERVATION COMMISSION
Voter registration duties, 97.05831
FORGERY
Voter Information cards, 104.013
FRAUD
Candidates, 97.012
Voter registration 97.012, 97.052, 104.42, 106 24
FREEHOLDERS
Elections, generally, 100.241
G
G ENERAL REVENUE FUND
Deposits
Campaign financing violation penalties, 106.08, 106.19
Candidates
False or malicious charge, penalties, 104 271
Filing fees, 99.0955, 99.103, 106.087
Reporting violations, fines 106.07
Surplus campaign funds, 106.141
Committees of continuous existence, fines, 106.04
Electioneering communications organizations, fines,
106.0703
Political committees, fines, 106.07
Political party candidate assessments, 106.087
Political party executive committees, reporting violation
fines, 106.29
G IFTS
Political candidates* donations to political parties or
religious, charitable, or civic groups, 106.08
Voting, influencing with gifts, 104.061
GOVERNOR
Appointments
Elections Canvassing Commission, 102 111
Elections Commission, 106.24
Political party state executive committee, at -large
members, 103.091
P residential electors, 103.021
U nited States Senate, temporary appointment, 100.161
Voter registration or removal complaint dispute
mediators, 97.023
Campaign financing, state funds, 106.32, 106.33, 106.34,
106.35
G INDEX
GOVERNOR (Cont.)
Contributions solicited for certain charitable organizations,
reporting requirements, 106.0701
Election, 100.041, 101.595
Emergency powers
Election emergencies, 101.733
Gubernatorial candidates, 99.063, 106.0701
Membership on
Elections Canvassing Commission, 102.111
Political party state executive committee, 103.091
Presidential electors, nomination, 103.021
Term of office, 100.041
Vacancies in public offices
Election to fill, calling, 100.111, 100.141, 100.161
GOVERNOR, EXECUTIVE OFFICE OF
Estimating conferences, participation, 100.371
GRAND JURIES
Elections special investigations, 104.43
GUARDIANS
Absentee ballots for electors, requests for, 101.62
H
HEALTH, DEPARTMENT OF
Deceased voters, list compilation, 98.093
Voter registration system maintenance, provision of death
information, 98.093
HIGHWAY SAFETY AND MOTOR VEHICLES,
DEPARTMENT OF
Records
Voter registration information and declinations, 97.057
Voter registration, 97.023, 97.052, 97.057
HOLIDAYS
Voter registration, 97.055
HOSPITALS
Patients
Absentee ballots, mailing to patients, 101.62
1
IDENTIFICATION CARDS
Voter registration, generally, 97.053, 97.057, 98.045
Voters, confidentiality of identification numbers, 97.0585
IMMUNITY
Voter challengers, 101.111
INCOME
Financial disclosure; candidates, public officers, and
public employees, 99.061
INCOMPETENT OR INCAPACITATED PERSONS
Legal disabilities
Voting or registering to vote, disqualification, 97.041,
. 98.045, 98.093
Voter registration, 97.052
INDIGENT AND LOW-INCOME PERSONS
Voter registration ineligibility determination appeals,
waiver of court costs 98.0755
18
INJUNCTIONS
Campaign financing, 106.27
Elections, 97.012, 106.27
Voter registration, 97.012, 97.023 106.27
Voting violations, enforcement of hearing officer orders,
97.028
INTEREST AND INTEREST RATES
Community development districts, failure to pay election
expenses; interest penalty, 100.011
Special districts, failure to pay election expenses; interest
penalty, 100.011
J
JAILS
Prisoners
Absentee ballots, mailing to, 101.62
JUDGMENTS
Election contest, ouster, 102.1682
JURISDICTION
Elections Commission, 106.165, 106.25
Legislative election contests 102 171
Voter registration or removal complaints, 97.023
L
LABOR AND EMPLOYMENT
Discharge from employment
Voting, 104.081
Voting, employer coercion, 104.081
LAW ENFORCEMENT, DEPARTMENT OF
Voter registration system maintenance, furnishing names
of felons, 98.093
LAW ENFORCEMENT OFFICERS
Political candidates, resign -to -run requirement, 99.012
Polling places, entry into, 102.101
LEGAL AFFAIRS, DEPARTMENT OF
Election complaints, false allegations; actions to recover
costs and fees, 106 265
LEGISLATURE
Appointments
Political party state executive committee, at -large
members, 103.091
Apportionment
Candidates seeking ballot position in apportionment
year, signature requirements, 99.09651
Candidates for legislative office, contributions solicited for
certain charitable organizations; reporting duties,
106.0701
Economic and Demographic Research, Office of
Estimating conferences, participation, 100.371
Initiative financial information statements, publication on
website 100.371
House of Representatives
Estimating conferences participation, 100.371
Majority leader leadership funds 106.295
Minority leader 103 091, 103.101, 106.24, 106.295
Speaker
Elections Commission, nomination of members,
106.24
L INDEX
LEGISLATURE (Cont.)
House of Representatives (Cont.)
Speaker (Cont.)
Leadership funds, 106.295
Political party state executive committee, at -large
member, 103.091
Presidential Candidate Selection Committee,
member 103.101
Members
Contributions solicited for certain charitable
organizations, reporting duties, 106.0701
Election, 100.041, 100.101, 100.111, 102.171
Political party executive committees, at -large
membership, 103.091
Term of office 100.041
Vacancy in office, 100.111
Senate
Candidates, contributions to political party, 106.141
Confirmation of appointments
Elections Commission, 106.24
Estimating conferences, participation, 100.371
Majority leader leadership funds, 106.295
Minority leader 103 091, 103.101, 106.24, 106.295
President
Elections Commission, nomination of members,
106.24
Leadership funds, 106.295
Political party state executive committee, at -large
member, 103.091
Presidential Candidate Selection Committee,
member 103.101
LIBRARIES
Voter registration agency status and duties, 97.021,
97.023, 97.052, 97.053, 97.058
LIEUTENANT GOVERNOR
Campaign financing state funds, 106 33, 106.34
Candidates for office, 99.063, 100.111, 106.0701
Contributions solicited for certain charitable organizations,
reporting duties, 106.0701
Election 101 151, 101.595
Political party state executive committee, member,
103.091
LIMITATION OF ACTIONS
Criminal prosecutions
Campaign finance violations, 106.28
Elections
Bond referendum, testing validity, 100 321
Campaign finance violations 106.25, 106 28
Contesting election, generally, 102.168
Election Code violation complaints, 106.25
Voter registration violation complaints, 106.25
LOANS
Election campaign financing, 106.07, 106.075
LOBBYISTS
Elections Commission, membership restrictions, 106.24
LOCAL GOVERNMENTS
Elections, statistical information, 98.212
Funds
Electioneering communications, restrictions on
expenditure, 106.113
Political advertisements, restriction on expending for,
106.113
19
LOCAL GOVERNMENTS (Cont.)
Ordinances
Candidates and officers, electronic filing of reports,
106 07
Voter registration records, duties, 98.093
LOCAL OPTION
Circuit court judges, direct election or merit selection and
retention, 101.161, 105.036
County court judges direct election or merit selection and
retention, 101.161, 105.036
M
MAGAZINES
Advertisements intended to influence public policy or vote
of public official, sponsorship designation, 106.1437
Political advertising, rates and charges, 106.16
MAIL
Absentee ballots, 101.6103, 101.62
Voter registration by mail, 97 052, 97.0535
MALFEASANCE AND MISFEASANCE
Public officers and employees, generally
Municipal officers, 100.361
MANDAMUS
Election laws, enforcement, 97.012
Voting violations, enforcement of hearing officer orders,
97.028
MARRIED PERSONS
Absentee ballot request by spouse, 101.62
MEDIATION
Mediators
Voter registration disputes, 97.023
Voter registration or removal complaints, 97.023
Voting violation proceedings, 97.028
MERGER AND CONSOLIDATION
Election precincts 101 001
MILITARY PERSONNEL
Oaths, administration, 101.665
Recruitment offices, voter registration, 97.012, 97.023,
97.052, 971053
Voting, 97.012, 101.62, 101.64, 101.665, 101.694,
101.6952
MINORITY GROUPS
Voting rights, deprivation or interference with, 104.0515
MINORS
Voting, preregistration for, 97.041
MOTOR VEHICLES
State vehicles
Candidates for public office, use of vehicles, 106.15
Charges for use of vehicles, 106.15
Limitation on use of vehicles, 106 15
MOTOR VOTER LAW, 97.053, 97.057
MUNICIPALITIES
Annexation or contraction
Mail ballot elections 101.6102
M INDEX P
MUNICIPALITIES (Cont.)
Annexation or contraction (Cont.)
Referenda, 101.6102
Elections
Annexation or contraction, 101.6102
Ballot printing costs, 101.21
Candidates, qualifying fees 99.093
Conduct governing, 97.0115, 100.3605
Dates, change of, 100.3605, 101.75
Early voting, 101.657
Election Code, conduct governed by, 100.3605
Permanent single registration system, 97.105, 101.002
Precinct boundaries, 101.001, 101.002
Recall, governing body members, 100.361
Registered persons with no permanent address, voting,
101.045
Special elections, call, 100.151
Employees
Political candidates, resignation from employment,
99.012
Finances
Electioneering communications, restriction on
expending for, 106.113
Political advertisements restriction on expending for,
106.113
Governing bodies
Recall petitions and elections, 100.361
Officers
Candidates for another office, resignation, 99.012
Terms of office, 101.75
Ordinances
Elections, 100.3605, 101.75
Political advertising, restrictions on, 106.1435
N
NAMES
Fictitious or false names
Candidate petitions, signing with fictitious name,
104 185
Elections, fraudulently assuming name, 104.24
Recall petitions, signing with fictitious name, 100.361
Political parties, use restrictions, 103.081, 103.161
NEWSPAPERS
Elections
Absentee ballots, notice of canvass of returns, 102.141
Ballot publishing, 101.20
Candidate support or opposition, remuneration,
104 071
Electronic tabulating equipment testing, notice,
101.5612
Emergencies, rescheduled elections, 101.733
General election, notice 100.021
Special election notice, 100.141
Emergencies, public service messages, 101.733
Political advertising, rates and charges, 106.16
NONRESIDENTS
Campaign contributions from, 106.33, 106.35
NURSING HOME ADMINISTRATORS
Supervised voting for residents, request for, 101.655
NURSING HOMES
Residents
Absent electors, 101.62, 101.655
20
0
OATHS
Authority to administer
Deputy supervisors of elections, 101.665
Elections Commission, 106.26
Elections, supervisors of, 101.665
Military officers, 101.665
Public officers and employees, 101.665
Voting violation hearing officers, 97.028
Public officers and employees, generally
Authority to administer, generally, 101.665
Vacancy in office, nominees and appointees, 100.111
OUTDOOR ADVERTISING
Exemptions from statutory provisions, 106.1435
Local government regulation
Political signs, 106.1435
Political signs, 106.1435, 106 1437
Public policy or vote of official, advertisements intended
to influence; sponsorship designation, 106.1437
Removal
Political signs, 106.1435
P
PARKING AND PARKING FACILITIES
Disabilities persons with
Election polling places, 101.715
PERJURY
Elections, false swearing to oath, 104.011
PHOTOGRAPHS
Polling rooms or early voting areas, prohibition, 102.031
PLANNING (STATE)
Elections emergency contingency plan, 101.733
Financial Impact Estimating Conference, 100.371,
101.161
PLEADINGS
Election contest, 102.168
Voter registration or removal violations, complaints,
97.023
POLITICAL ADVERTISEMENTS
Campaign fund raisers, 106.025
Candidate approval, 106 143
Candidates; purchasing from political parties or religious,
charitable or civic groups, 106.08
Content, 106.143
Definitions, 106.011
Disclaimers, 106.071, 106.143, 106.1439
Distribution near polling places, 102.031
Electioneering communications, 106.011, 106.04,
106.071, 106 113, 106 1439
Endorsements, 106.021, 106.143
Independent (no party affiliation) candidates, 106.143
Independent expenditures for, 106.011, 106.071
Internet advertisements, 106 143
Language other than English 106.143
Nonincumbent candidates, 106.143
Party name or symbol, use, 103 081, 106.143
Petty cash funds, purchases from, 106.12
Political committees, 106.143
Public funds, restrictions on expenditure or acceptance,
106.113
P INDEX
POLITICAL ADVERTISEMENTS (Cont.)
Public policy or vote of public official, advertisements
intended to influence; sponsorship designation,
106.1437
Rates and charges, limitation, 106.16, 106.161
Removal, 106.1435
Required statements, 106.071, 106.143, 106.1439,
106.147
Signs displaying, 106.1435
Telephone calls 106.1439, 106.147, 106.1475
Televised broadcasts, closed captioning and descriptive
narrative requirements, 106.165
"Thank you" advertisements, 106.11
Unlawful acts; penalties
Civil penalties 106.265
Criminal penalties, 106.071, 106 1439, 106.147,
106.1475
Distribution near polling places, 102.031
Independent expenditure violations, 106.071
Rates and charges, excessive, 106.16
Required contents, failure to include 106.071, 106.143,
106.1439
Telephone solicitation violations, 106.1439, 106.147,
106.1475
Televised broadcasts, violations, 106.165
POLITICAL COMMITTEES
Accounting records, 106.06
Campaign depositories, 106.021, 106.05, 106.07, 106.11
Campaign treasurer appointment, 106.021
Committees of continuous existence
Contributions, 106.022, 106.04, 106.07, 106.08
Expenditures, 106.011, 106.022, 106.04, 106.087
Generally, 106 04
Polls and surveys, conducting, 106.17
Registered agent and registered office, 106.022
Constitutional amendment initiative petition sponsors,
100.371, 106.19
Contesting verification of signatures on candidate's
petition for qualification, 99.097
Contributions
Affiliated organizations, receipt and transfer by, 106.08
Campaign treasurer, receipt through, 106.021
D eposit procedure 106.05
Legislative intent, 106.31
Limitations, 106.08, 106 19
N ational depository, deposit in 106.021, 106.07
Registered agent requirement, 106.022
Reports, 106.07, 106.08, 106 19
Definitions, 106.011
Deputy campaign treasurers, 106.021
Disbanding, notice, 106.03
Expenditures
Campaign treasurer, making through, 106.021
Checks, 106.11
Credit card purchases, 106.07, 106.11, 106.125
Debit cards, 106.11
Donations to religious, charitable, or civic organizations,
106.08
Independent expenditures, 106.011, 106.087
Joint endorsements of candidates, advertising
expenditures, 106 021
Petty cash funds, 106.12
Public utility services, 106.14
Reg'stered agent requirement, 106.022
Reports, 106.07
Unauthorized expenditures 106.19
Financial reports, content and filing 106.07, 106.08,
106.19
21
POLITICAL COMMITTEES (Cont.)
Gifts in memory of deceased persons, 106.08
Judicial selection initiative sponsors, 105.036
Petty cash funds, 106.11, 106.12
Political advertisements, 106.143
Poll watchers, designation, 101.131
Polls and surveys, conducting, 106.17
Registered agent and registered office, 106.022
Registration, 106.03
Statement of organization, content and filing 106.03
Television broadcasts, closed captioning and descriptive
narrative requirements, 106.165
POLITICAL PARTIES
Candidate contributions or purchases, 106.08
Candidate qualifying fees, remission, 99.061, 99.103
Candidate surplus campaign funds, distribution, 106.141
Constitution and bylaws, 103.091 103.121
Contesting verification of signatures on candidate's
petition for qualification, 99.097
Contributions received, reporting, 106.08, 106.29
County executive committees
At -large members, 103,091
Audits, 103.121
Campaign contributions, limitation, 106.08, 106.087,
106.29, 106.33
Campaign finance reports 106.08, 106.29
Contributions received, reporting, 106.08, 106.29
District unit of representation, 103.091
Election, 101 252, 103.091
Endorsement or recommendation of candidates for
nomination, 103.121
Establishment, 103.091
Expenditures, 106.011 106.087
False or incomplete campaign finance reports,
certification, 106.29
Filing requirements, 103.091
Gifts in memory of deceased persons, 106.08
Membership, 103.091
Misuse of funds by chair or treasurer, 103.121
Organizational meetings, 103.091
Powers and duties, generally, 103.121
Removal or suspension of members, 103.141, 103.161
Term of office, 103.091
Vacancies in nomination to elective office, filling,
100.111
Vacancies on committees filling, 103.091, 103.131
Election boards, membership 102.012
Election statistical information, access to, 98 212
Electronic voting systems, testing and vote -counting
representatives, 101 5612
Expenditures, 106.011, 106.08, 106.29
Financial records, 103.121
Fund raisers, 106.025
In kind contributions, limitations, 106.08
Joint endorsements of candidates, advertising
expenditures 106.021
Judicial candidates endorsement or support, 105 09
Leadership funds, 106.295
N ame or abbreviation, use restrictions, 103.081, 103.161
Names of groups or committees associated with, filing,
103.081
National committees, 103 091, 106.011, 106.08, 106.29
N ational convention delegates election, 103.091, 103.101
Poll watchers designation, 101.131
Polls and surveys, 106.17
Presidential electors, nomination, 103.021, 103.091
Presidential preference primary, 103.101
P INDEX R
POLITICAL PARTIES (Cont.)
Primary elections, voting, 101.021
Rulemaking authority, 103 091, 103.101
State executive committees
At -large members, 103.091
Audits, 103.121
Campaign contributions, limitation, 106.08, 106.087,
106.29, 106.33
Campaign finance reports, 106.0705, 106.08, 106.29
Chair, 103.081, 103.161
Elections, 101.252, 103 091
Endorsement or recommendation of candidates for
nomination, 103.121
Expenditures, 106.011, 106.087
False or incomplete campaign finance reports,
certification, 106.29
Filing requirements, 103.091
Gifts in memory of deceased persons, 106.08
Governing bodies membership, 103.091
Membership, 103.091
Misuse of funds by chair or treasurer, 103 121
National convention delegates, selection, 103 101
Organizational meetings, 103.091
Party name or symbol use, authorization, 103.081
Powers and duties, generally, 103.121
Presidential electors, recommendation of candidates for
nomination 103.021
Removal or suspension of members, 103.161
Requirement, 103.091
Rulemaking authority, 103.101, 103.121
Terms of office, 103.091
Vacancies, events creating, 103.131
Vacancies in nomination to elective office, filling,
100.111
Voting, 103.091
Supervised voting teams, representation on, 101.655
Symbols, use restrictions, 103.081
Television broadcasts, closed captioning and descriptive
narrative requirements, 106.165
Unlawful acts; penalties, 103.121, 103.161, 106.087,
106.165, 106.29
Vacancies in nominations to elective offices, filling,
100.111
Vacancies in party offices, 103.091, 103.131
Voting systems and equipment, preelection inspection
and testing, 101.5612
PRESIDENTIAL CANDIDATE SELECTION COMMITTEE,
103 101
PRINTING
Voter registration application forms, 97.052
Voting ballots, 101.21
PROPERTY APPRAISERS
Election, 100.041
PROSECUTIONS
Failure to prosecute, 106.25
PUBLIC EMPLOYEES
Political activities
Candidacy for office, 99.012
Coercion or influence, 104.31
Judicial office candidates, 105.071
Participation restrictions, 104.31
Services to candidates during working hours, 106.15
Unlawful acts; penalties, 104.31
22
PUBLIC MEETINGS
Exemptions from open government provisions
Campaign finances, investigatory proceedings, 106.25
Election violation investigatory proceedings, 106.25
Voter registration, investigatory proceedings, 106.25
Financial Impact Estimating Conference, 100.371
PUBLIC OFFICERS
Campaign fund raisers, candidates for office, 106.025
Candidates for another office, resignation 99.012
Candidates for office, qualification, 99.061, 99.063,
105 031
Office accounts, transfer of surplus campaign funds to,
106.141
Services to candidates during working hours, 106.15
Suspension and removal
Deputy supervisors of elections, 98.015
Travel expenses, 106.141
PUBLIC RECORDS
Campaign finance reports, 106.07
Campaign finance violation proceedings, 106.25
Election violation proceedings, 106.25
Exemptions from disclosure
Absentee ballots, record of requests and delivery
information, 101.62
Campaign finance reports, 106.0706, 106.25
Election violation complaints and investigative reports,
106.25
Stalking victims, identifying information, 97.0585
Voter or voter registration information, 97.0585, 98.045,
106.25
Voting systems software, 101.5607
Voter registration information, 106.25
Voter registration violation proceedings, 106.25
Voting systems software, 101.5607
PUBLISHING AND PUBLICATIONS
Uniform polling place procedures manual, 102 014
QUO WARRANTO
Election contest, 102.169
Q
R
RADIO
Advertisements intended to influence public policy or vote
of official, sponsor designation statement, 106.1437
Emergencies, public service messages, 101 733
Political advertising, 106.1437, 106.16, 106.161
RECORDS MANAGEMENT (LOCAL GOVERNMENTS)
Elections supervisors of, 98.045
Voter registration information, 98.081, 98.461
RECORDS MANAGEMENT (STATE)
Highway Safety and Motor Vehicles, Department of,
97.057
REFERENDA
Ballot, 101.161
Bond issues
Applicable statutory provisions, 100.221
Approval of issuance, 100.281
R INDEX
REFERENDA (Cont.)
Bond issues (Cont.)
Ballot format, 100.341
Calling, 100.211
Canvass of returns, 100.271
Contesting 100.321
Costs, 100 201, 100.261
Defeat, waiting period before new election, 100.331
Evidence of result, 100.291
Failure to achieve majority vote, 100.281
Holding with other elections, 100.261
Inspectors and clerks, 100.271
Municipalities, generally, 100.311
Notice 100.211
Polling place, 100.221
Recording results, 100.271, 100.291
Refunding bonds, 100.301
Requirement, generally, 100.201
Resolution ordering, 100.211
Returns, canvassing and recording, 100.271
Validity, contesting, 100 321
Charter county governing board members, terms of office
commencement, 100.041
Constitutional amendment or revision, 101.161
Contesting, 102.168, 102 1682, 102.1685
County commissioners, 100.041
Freeholders, 100.241
Judicial selection initiatives, 101.161
Legislatively mandated election certification of results,
100.351
Mail ballot elections
Absentee voting, 101.6103, 101.6105
Applicability of election laws, generally, 101.6106
Canvass of returns, 101.6103, 101.6104
Challenge, defect on voters certificate, 101.6104
Costs, 101.6102
Limitations, 101.6102
Mail Ballot Election Act, 101.6101
Procedure, generally, 101.6103
Voter's certificate, 101 6103 101.6104
Municipal annexation or contraction, 101.6102
Notices, 100.342
Special or local laws, 100.351
Telephone solicitation, ballot proposals, 106.147
REFUNDING BONDS
Election for issuance approval, 100.301
RELATIVES
Absentee ballots for electors, requests for, 101.62
REPORTS TO GOVERNOR
Voting system performance reports, 101.595
REPORTS TO LEGISLATURE
Voting history information, 98.0981
Voting system performance reports, 101.595
RESIDENCY REQUIREMENTS
Electors, 97.041, 98.075 101.111
Political party county executive committees, 103.091
Voter registration, 97.041, 98.045, 98.075
Write-in candidates, 99.0615
REWARDS
Information leading to arrest and conviction
Voter registration or voter fraud, 106.24
ROADS AND HIGHWAYS
Rights-of-way
Political signs, 106.1435
S
SCHOOL BOARDS
Candidates for election, 105.031, 105.035, 105.041,
105 051, 105.08
Terms of office, 100.041
SCHOOL DISTRICTS
Elections
Bond elections
Holding with other elections, 100.261
School board members
Candidates, 105.031, 105.035, 105.041, 105.051,
105 08
Electors qualified to vote, 105.061
Generally 100.041
Unopposed candidates, 105.051
Superintendents, 100.041
SCHOOL SUPERINTENDENTS
Election, 100.041
Term of office, 100.041
SEALS
Elections, supervisors of, 98.015
SERVICE OF PROCESS
Agents
Political telephone solicitors, 106.1475
Election contest complaints, 102.168
Elections Commission subpoenas and orders, 106.26
Sheriffs
Elections Commission subpoenas or orders, 106.26
SETTLEMENTS
Campaign financing violation complaints, consent
agreements, 106.25
Election violation complaints, consent agreements,
106.25
SHERIFFS
Deputies
Candidates for office of sheriff, resign -to -run, 99.012
Election official duties and responsibilities, training
102.014
Election of sheriffs, 100.041
Legal notices, publication, 100.021
Term of office, 100.041
SHORT TITLES
Election Campaign Financing Act, 106.30
Election Code, 97.011
Elections Emergency Act, 101.731
Electronic Voting Systems Act, 101.5601
Mail Ballot Election Act, 101.6101
Voter Protection Act, 104.0615
Voter Registration Act 97.032
23
SIGNATURES
Voters or voter registration applicants, 97.052, 97.055,
97.0585, 98.077, 101.49
SOCIAL SECURITY
Numbers
Voter registration, 97.052, 97.053, 97.057, 97.0585,
98.045
Voters, confidentiality, 97.0585
SOCIAL SERVICES
Voter registration at offices providing public assistance,
97.021, 97.023, 97 052, 97.053, 97.058
S INDEX S
SOLICITATION
Campaign contributions, 102 031, 106.15
Constitutional amendment initiative petition signatures,
paid petition circulators, 106.191
Contributions
Campaign contributions, 102.031, 106.15
Political candidates, charitable contributions, 106.08
State officers or candidates solicitations by, 106.0701
Political telephone solicitation 106.1439, 106.147,
106.1475
Polling places, solicitation at, 102 031
Voter registrations for compensation, 104.012
Voters at or near polling places or early voting sites,
101.051, 102.031
SPECIAL DISTRICTS
Elections
Candidate qualifications, 99.061, 99.095
Early voting, 101.657
Payment of costs, 100.011
Employees and officers
Candidate for another office, resignation, 99.012
STALKING
Aggravated stalking
Victim identifying information, public records exemption,
97.0585
Victim identifying information, public records exemption,
97.0585
STATE AGENCIES
Voter registration records, duties, 98.093
STATE ATTORNEYS
Campaign finance violations, duties, 106.25
Election violations, duties, 106.25
Voter registration violations duties, 106.25
STATE CONTRACTS
Voter registration, 97.058
STATE, IMPARTMENT OF
Official records
Initiative petition financial impact statements, 100.371
Political party executive committee rules, 103.101
Rulemaking authority
Elections
Absent uniformed services voters, 101.62
Ballots, 101.151, 101.62
Campaign treasurers' reports, 106.07
Candidate qualifications, 99.061
Counting of votes, 101.5614
County voting system filings, 102.141
Electronic or electromechanical voting systems,
101.015, 101.5608, 102.166
Forms, alternative formats and Internet availability,
97 026
Fraud complaints, 97.012
Initiatives, 100.371
Interpretation and implementation of elections laws,
uniform standards, 97.012
Judicial selection initiatives 105.036
Mail ballot elections, 101.6107
Overseas voters, 101 62, 101.697
Petitions verification of signatures, 99.097
Polling places, accessibility for persons with
disabilities, 101.715
Precinct -level results and book closing statistics,
98.0981
24
STATE, DEPARTMENT OF (Cont.)
Rulemaking authority (Cont.)
Elections (Cont.)
Presidential preference primaries, 103.101
Recounts, 102.141, 102.166
Television broadcasts, requirements, 106.165
Uniform polling place procedures manual, adoption,
102 014
Voter education programs, 98.255
Voting assistance to illiterate voters or voters with
disabilities, 97.061
Voting history information, 98.0981
Voting systems and voter interface devices for
persons with disabilities, 101.56062
Voting systems, audit procedures, 101.5911
Write-in absentee ballots, 101.6951
Voter registration, 97.012, 97.052, 97.0555, 98.035,
98.045, 98.075
STATE EMPLOYEES
Political candidates, resignation from employment, 99.012
Selected Exempt Service
Elections Commission attorneys, 106.24
Senior Management Service
Elections Commission, executive director, 106.24
STATE FUNDS
Election campaign financing, 106.32, 106.33, 106.34,
106.35
STATE OFFICERS
Candidates for another office, resign -to -run, 99.012
STATE, SECRETARY OF
Elections, duties, 97.012, 101.001, 101.151, 101.58,
102 141 102.166, 103.101, 105.036, 106.24
Initiative financial information statements, publication on
website, 100.371
Initiatives, duties, 100.371, 101.161
Presidential Candidate Selection Committee, membership
on, 103.101
Rulemaking authority, 100.371 105.036
Voter registration, duties, 97.012, 97.0575, 98.035
STATE UNIVERSITIES
Students
Voter registration, 97.052, 97.0583
Voter registration, 97.052, 97.0583
STATEWIDE PROSECUTOR
Election irregularities or fraud, prosecution, 97.012
SUBPOENAS
Elections Commission, 106.26
Elections, Division of, 106.23
Voting violation hearing officers, 97.028
SUPERSEDEAS
Voter registration ineligibility determination appeals,
98.0755
SUPREME COURT
Advisory opinions, 100.371
Decisions and opinions
Advisory opinions, 100.371
Initiative petitions, review, 100.371
Justices
Retention election, 105.041, 105.051
93
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V INDEX V
VOTER REGISTRATION (Cont.)
Change of name or legal residence (Cont.)
Statewide registration application, use for, 97.052
Temporary residence outside of county, 101.045
Citizenship, 97.041, 97.052, 98.075
Civil actions, 97.012, 97.023, 106.25, 106.27
Complaints of violations, 97.023, 97.058, 106.25
Confidential information
Complaints of violations and investigative information,
106 25
Declining to register, 97.052, 97.057, 97.058, 97.0585
Driver license or identification card numbers, 97.0585
Registration list maintenance programs and activities
information, 98.045
Registration office location, 97.052, 97.057, 97.058,
97.0585
Signatures, 97.0585
Social security numbers, 97.0585
Unauthorized disclosure, 106.25
Criminal prosecution of violations, 97.012, 106.27
Date of registration, 97.053, 97.0575
Deceased persons, 98.045, 98.065, 98.075, 98.093,
101.68
Declining to register, 97.052, 97.057, 97.058, 97.0585
Disqualification, 97.041, 98.045
Driver license application, renewal, or address change;
opportunity to register, 97.057
Duplicate or multiple registrations, 98.075
Educational institutions, services at, 97.052, 97.0583
Elections Commission investigations and hearings,
alleged violations, 106.25, 106.26
Eligibility of applicants, 98.045
Enforcement of statutory provisions, 97 012, 97.0575
False swearing, 97.052, 97.053, 104.011
Federal law, compliance with, 97.012, 97.057, 97.058,
98.015, 98.035, 98.065, 98.075
Felons, 97.041, 97.052, 98.045, 98.075, 98.093
Fictitious persons, 98.045, 98.075
Forms
Alternative formats and Internet availability, 97.026
Precinct register, 98.461
Printing, 97.052
Registration, 97.012, 97.052
Registration list maintenance, 98.0655
Voter registration agencies, 97.058
Fraud, 97.012, 97.052, 104.42, 106.24
Freeholder, determination of status, 100.241
Help America Vote Act of 2002, procedures on
complaints of violations, 97.028
Identification cards, 97.053, 97.057, 98.045
Illiterate persons requiring voting assistance, 97.061
Inactive status, 98.065, 98.0655
Incompetent or incapacitated persons, 97.052, 98.045,
98.065, 98.075, 98.093
Ineligible persons, 98.045, 98.075
Information maintained on electronic or other media,
98.081, 98.461
Injunctions, 97 012, 97.023, 106.27
Inspection of records, 98.045
Interference with registration, 97.057, 97.058, 104.012,
104.0615
Investigations, 97.012, 97.0575, 104.42, 106.25
Late registration, 97.0555
Mail registration, first-time voters, 97.052, 97.0535
Mandamus actions, enforcement of laws, 97.012
Motor voter law, 97.053, 97.057
Notices, 97.073, 97.1031, 98.065, 98.0655, 98.075,
98.077
26
VOTER REGISTRATION (Cont.)
Oath, 97 051, 97.052 97.053, 101.665
Overseas voters, 97.012
Party affiliation
Change, 97.052, 97.053, 97.055, 97.071, 97.1031
Influencing registration applicant, 97.057, 97.058
Registration without, 97.053
Permanent single registration system, 97.105, 101.002
Precinct registers, 97.061, 98.461, 101.043, 101.49
Preregistration, minors, 97.041
Prior registration, cancellation, 97.073, 98.045
Qualifications, 97.041, 98.045
Records
Addresses of voters, list maintenance, 98.015, 98.045
Closing for elections, 97.055, 97.071
Completed registration applications, status as official
registration records, 97.053
Custody, 98.015
Deceased voters who cast absentee ballots, 101.68
Inspection, 98.045
Legal residence change, 97.055, 97.1031, 98.045,
98.065
Microfilming, 98.081, 98.461
Name change, 97.055, 97.1031, 101.045
Party affiliation change, 97.055, 97.1031
Placement of voter's name on, 97.053
Refusal by supervisor to deliver to successor, 104.32
Registration list maintenance programs and activities,
98.045, 98.065, 98.0655, 98.075, 98.093
Removal of elector's name
Appeal of removal decision, 98.075, 98.0755
Complaints of violations, 97.023
Deceased persons, 98.045, 98.065, 98.075, 98.093
Felons, 98 045, 98.075, 98.093
Fictitious persons, 98.075
Hearings, 98.075
Inactive status registrants, basis for removal, 98.065
Incompetent or incapacitated persons, 98.045,
98.075, 98.093
Nonresidents, 98.045, 98.075
Notices, 98.075
Procedure, 98.075
Recordkeeping, 98.081
Registration list maintenance, basis for removal,
98.045, 98.065, 98.075, 98.093
Underaged persons, 98.075
Restoration of elector's name, 98.065, 98.075, 98.081
Special election availability for, 100 151
Updating, 97.052, 97 057, 97.058, 97.0585, 98.015,
98.035, 98.065, 98.075, 98.077, 101.694
Residency, 97.041, 98.045, 98.075
Solicitation for compensation, 104 012
State, Secretary of; duties as chief election officer,
97.012, 98.035
Statewide voter registration system
Applications, 97.052, 97.053, 97.057
Creation, 97.012, 98.035
Declining to register, 97.057
List of valid addresses, provision by supervisor of
elections, 98 015
Mail registration, notations on records, 97.0535
Maintenance, 98.035, 98 045, 98.065, 98.0655
New registrations, entry into, 97.053, 98.015
Removal or restoration of voters' names, 98.045,
98.065, 98.075, 98.081
Updating voter information, 98.065
Updating voter signature, 98.077
Temporary residence outside of county, 101.045
V INDEX W
VOTER REGISTRATION (Cont.)
Third -party voter registration organizations 97.0575
Time limitation for filing complaints of violations, 106.25
Uniformed services personnel, 97.012, 101.665
Unlawful acts; penalties
Altering another person's application without consent,
104.012
Complaints containing false allegations, 106.25
Confidential investigative information, disclosing,
106.25
Consideration for registration, payment of, 104.012
Delivery of registration books, refusal, 104.32
Delivery of registration forms, obstructing or delaying,
104.0615
Denial of right to vote, 104.0515
Destruction or defacing registration forms, 104.0615
Deterring registration, 104.012, 104 0615
False registration information, submission, 104.011
False swearing 97.052, 104.011
Generally, 106.265
Interference with registration, 104.012, 104.0615
Removal of elector's name from registration records,
violations involving, 98.075
Solicitation of registration for compensation, 104.012
Third -party voter registration organization violations,
97.0575
Voter information card, use or possession, 104.013
VOTER REGISTRATION (Cont.)
Verification, 101.045
Voter information cards
Change of name, legal residence, or party affiliation,
97.071 97.1031
Contents, 97.071
Registration approval, notice of, 97.073
Replacement, 97.052, 97.053, 97.071
Unlawful use, possession, or destruction, 104.013
Voting assistance eligibility, notation, 97.061
Voter Protection Act, 104.0615
Voter Registration Act 97.032
Voter registration agencies, 97.021, 97.023, 97.052,
97.053, 97.058
Voter registration officials, 97.0535, 97.061, 97.1031,
97.105, 98.035, 98.081
W
WITNESSES
Compensation
Municipal recall election petition witnesses, 100.361
Elections Commission hearings, 106.26
Elections law violators, compelled testimony, 104.39
Immunity from prosecution
Elections law violators, 104.39
Municipal recall election petitions, 100.361
27
s -4 e i, 4 9 -,,,m,A
9 -6„,a . ;2. 9, - &a.
Room 316, R. A. Gray Building
500 S. Bronough St.
Tallahassee, Florida 32399-0250
Phone: 850-245-6240
Web Site http://election.myflorida.com
1
CANDIDATE
AND
AM PAI
HAND
July 2010
Florida Department of State
Division of Elections
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399-0250
Phone: 850.245 6240
Table of Contents
Chapter 1 — Explanation 1
Chapter 2 — The Campaign Financing Act 2
Chapter 3— Offices Up For Election 3
Federal Offices 3
State Offices 3
Multicounty and District Offices 3
County Offices 3
Judicial Retention (Nonpartisan) 3
Circuit Judges (Nonpartisan) 3
County Court Judges (Nonpartisan) 3
Chapter 4 — Dates to Remember 4
Chapter 5 — Glossary of Terms 7
Chapter 6 — Becoming a Candidate 10
What to File 10
Filing Officer 11
Resign -to -Run 11
Federal Hatch Act for State and Local Employees 12
Federal Hatch Act for Federal Employees 12
Changing Parties for Partisan Offices 12
Changing the Designation of Office 13
P ro Rata Refund Example 13
Chapter 7 — Statement of Solicitation 14
Who Must File Form DS -DE 102, Statement of Solicitation 14
When to File 14
Penalty for Late Filing 14
Public Website and Mission Statement 14
Additional Reporting 14
Chapter 8 — Prohibited Acts 15
S peaking at Political Meetings 15
Using State -Owned Aircraft or Motor Vehicle 15
Using Services of State, County Municipal or District Officers or Employees 15
Making Contributions in the Name of Another 15
S olicitation from Religious, Charitable and Civic Organizations 15
Accepting Contributions in a Government -Owned Building 16
Making Malicious Statements 16
Certifying a False Report 16
Limitations on Political Activity for Judicial Candidates 16
Chapter 9 — Campaign Treasurers 18
Appointing Campaign Treasurers and Deputy Treasurers 18
D uties and Responsibilities 18
Resignation or Removal 20
Chapter 10 — Campaign Depositories 21
P rimary Campaign Depository 21
Secondary Campaign Depository 21
I
Separate Interest -Bearing Accounts and Certificates of Deposit 22
Campaign Checks 22
Debit Cards 23
Credit Cards 23
Chapter 11 — Contributions 24
Unauthorized Contributions 24
Anonymous Contributions 24
In -Kind Contributions 25
Loans 25
Cash Contributions 25
Debit and Credit Card Contributions 26
Contribution Limits for Candidates 26
Foreign Contributions 27
2010 Deadlines for Accepting Contributions 27
Violations 28
Chapter 12 — Expenditures 29
Definition 29
G eneral Requirements 29
Checks 29
Living Expenses 30
Petty Cash Funds 30
Limits on Petty Cash Fund Amounts 30
Independent Expenditures 31
Credit Cards 32
D ebit Cards 32
Electioneering Communications 33
Expenditures for Electioneering Communications 34
Chapter 13 —Political Advertising 35
Candidate Disclaimers 35
Non -incumbent Advertisements 38
Chapter 14 — Other Disclaimers 39
E ndorsements 39
Independent Expenditure Disclaimers 40
D isclaimers for Other Than Independent Expenditures 40
Disclaimers on Novelty Items 41
Language Other Than English 41
E lectioneering Communications Disclaimers 41
Other Political Disclaimer Examples 41
Miscellaneous Advertisements 43
U se of Closed Captioning and Descriptive Narrative in all Television Broadcasts 43
Chapter 15 — Fund Raisers 44
Contributions from Fund Raisers 44
Expenditures for Fund Raisers 44
Tickets 44
Advertising 44
Chapter 16 — Solicitation 45
Telephone Solicitation 45
Telephone Solicitation, Registered Agent 46
Chapter 17 — Filing Campaign Reports 47
II
Where to File 47
When to File 47
Penalty for Late Filing 48
Waiver of Report 48
Incomplete Reports 48
Reporting Total Sums 48
Reporting Contributions 48
Returning Contributions 49
Reporting Expenditures 49
S pecial Requirements for Judicial Candidates 50
Chapter 18 — Termination Reports 51
P rior to Disposing of Surplus Funds 51
Disposing of Surplus Funds 51
Money from Separate Interest -Bearing Account or Certificate of Deposit 52
Campaign Loans Report 53
Chapter 19 — Electronic Filing of Campaign Reports 54
Accessing the EFS 54
Creating Reports 54
S ubmitting Reports 54
E lectronic Receipts 55
Chapter 20 — Office Accounts 56
U sing the Office Account 56
Reporting Office Account Funds 57
Chapter 21 — Recordkeeping, Receipt and Inspection 58
Contributions 58
Expenditures 58
P reservation of Accounts 59
Inspections 59
Chapter 22 — Bookkeeping Suggestions 60
Chapter 23 — Florida Elections Commission 61
Automatic Fine Appeal Process 61
Complaint Process 61
Chapter 24 — Frequently Asked Questions 62
Candidates 62
Campaign Advertising 63
Campaign Finance 64
III
Chapter 1
Explanation
The information contained in this publication is intended as a quick reference guide only and is
current upon publication. Chapters 97-106, Florida Statutes, the Constitution of the State of
Florida, Division of Elections opinions and rules, Attorney General opinions, county charters, city
charters and ordinances, and other sources should be reviewed in their entirety for complete
information regarding campaign financing and qualifying.
In addition the following publications produced by the Florida Department of State Division of
Elections should be reviewed for further information regarding candidates and committees:
• State Qualifying Handbook
• Federal Qualifying Handbook
• Calendar of Reporting Dates
All forms and publications are available on the Division of Elections'
website at http://elections.mvflorida.com.
Please direct any questions to either your county supervisor of elections or the Florida
Department of State, Division of Elections at 850.245 6240 Below you will find some other useful
websites:
Florida Division of Elections http://elections.mvflorida.com
Florida Elections Commission http://www.fec.state.fl.us
Florida Elected Officials htto://election.dos.state.fl.us/contact-us/contact-elected officials.shtml
Florida Supervisors of Elections httos://doe.dos.state.fl.us/SOE/supervisor elections.shtml
Florida Association of City Clerks http.//www.floridaclerks.orq
Florida Attorney General htto://mvfloridaleaal.com
Federal Election Commission http://www.fec.aov
1
Chapter 2
The Campaign Financing Act
Chapter 106, Florida Statutes, regulates campaign financing for all candidates, including judicial
candidates political committees, committees of continuous existence, electioneering
communication organizations, and political parties. It does not regulate campaign financing for
candidates for federal office or candidates for a political party executive committee.
The Division of Elections:
• Oversees the interpretation of and provides guidance on the election laws.
• Provides advisory opinions to supervisors of elections, candidates, local officers having
election related duties, political parties, political committees committees of continuous
existence, or other persons or organizations engaged in political activity, relating to any
provisions or possible violations of Florida election laws with respect to actions such person
or entity has taken or proposes to take. (Section 106.23(2), F.S.)
• Prescribes rules and regulations to carry out the provisions of Chapter 106, Florida Statutes.
(Section 106.22(9), F.S.)
2
Chapter 3
Offices Up For Election
Federal Offices
Unites States Senator
Representative in Congress (all districts)
State Offices
Governor and Lieutenant Governor
Attorney General
Chief Financial Officer
Commissioner on Agriculture
Multicounty and District Offices
State Attorney (20th Circuit)
Public Defender (20th Circuit)
State Senator (even numbered districts)
State Representative (all districts)
County Offices
These vary from county to county, however, most will elect:
Board of County Commissioners
School Board
Other offices depending on county.
Information for a particular county can be obtained from the county supervisor of elections.
Judicial Retention (Nonpartisan)
Justice of the Supreme Court (only those whose terms expire January 2011)
Judge, District Court of Appeal (only those whose terms expire January 2011)
Circuit Judges (Nonpartisan)
Only those whose terms expire January 2011
County Court Judges (Nonpartisan)
Only those whose terms expire January 2011
March 29
April 12
April 16
April 19
April 26
April 30
May 2
Chapter 4
2010 Dates to Remember
Noon, petitions for judicial, state attorney and public
defender candidates seeking to qualify by the petition
method due to supervisors of elections (Sections 99.095 and
105 035, F S. — before noon of the 28th day preceding the
first day of the qualifying period for the office sought)
The Division may begin accepting and holding qualifying
papers for judicial state attorney and public defender
candidates to be processed and filed during the qualifying
period (Sections 99.061 and 105.031, F S S. — not earlier than
14 days prior to the beginning of the qualifying period)
Written resignations due for officers qualifying as judicial,
state attorney or public defender candidates if the terms of
the offices, or any party thereof, run concurrently with each
other (Section 99.012, F S. — at least 10 days prior to the
first day of the qualifying period)
Deadline for supervisors to certify to the Division the number
of valid signatures for judicial state attorney and public
defender candidates seeking to qualify by the petition
method (Sections 99.095 and 105.035, F S. — no later than
the 7th day before the first day of the qualifying period)
Noon, qualifying begins for all judicial state attorney and
public defender candidates (Sections 99.061 and 105.031
F.S. — at any time after noon ... of the 120th day prior to the
primary election)
Noon, qualifying ends for all judicial, state attorney and
public defender candidates (Sections 99.061 and 105.031,
F S. — not later than noon of the 116th day prior to the date
of the primary election)
Deadline for partisan candidates to change party affiliation
(Section 99.021, F. S. — 6 months preceding the General
Election)
4
May 7
May 17
May 31
June 4
June 7
June 14
June 18
August 24
September 2
Deadline for Department of State to certify to the supervisors
the names of all duly qualified federal candidates who have
qualified with the Department (Section 99 061, F.S. — within
7 days after the closing date for qualifying)
Noon, petitions for statewide, multi -county, county and
district candidates seeking to qualify by the petition method
due to supervisors (Section 99.095, F.S — before noon of
the 28th day preceding the first day of the qualifying period
for the office sought)
The Division may begin accepting and holding qualifying
papers for statewide, multi -county, county and district
candidates to be processed and filed during the qualifying
period (Section 99.061, F.S. — not earlier than 14 days prior
to the beginning of the qualifying period)
Written resignations due for officers qualifying as a
candidate for statewide, multi -county, county or district office
if the terms of the offices, or any part thereof, run
concurrently with each other (Section 99.012, F.S. — at least
10 days prior to the first day of the qualifying period)
D eadline for supervisors to certify to the Division the number
of valid signatures for statewide and multi -county candidates
seeking to qualify by the petition method (Section 99.095,
F.S — no later than the 7th day before the first day of the
qualifying period)
N oon, qualifying begins for all statewide multi -county,
county and district candidates (other than state attorney and
public defender) (Section 99.061 F.S — noon of the 71St day
prior to the primary election)
N oon qualifying ends for all statewide, multi -county, county
and district candidates (other than state attorney and public
defender) (Section 99.061 F.S. — not later than noon of the
67th day prior to the primary election)
PRIMARY ELECTION (Section 100.061, F.S. — on the
Tuesday 10 weeks prior to the general election)
Deadline for each candidate for Governor to designate a
Lieutenant Governor as a running mate. (Section 99 063,
F S. — no later than 5 p.m on the 9th day following the
primary election.)
5
November 2
GENERAL ELECTION (Section 100.041, F.S. — on the 1St
Tuesday after the 1St Monday in November of each even -
numbered year)
6
Chapter 5
Glossary of Terms
Campaign Fund Raiser: Any affair held to raise funds to be used in a campaign for public office.
(Section 106.011(11), F.S)
Campaign Treasurer: An individual appointed by a candidate or political committee as provided
in Chapter 106, F.S. (Section 106.011(9), F.S.)
Candidate: Any person to whom any one or more of the following applies:
• Any person who seeks to qualify for nomination or election by means of the petitioning
process;
• Any person who seeks to qualify for election as a write-in candidate;
• Any person who receives contributions or makes expenditures, or gives his or her consent for
any other person to receive contributions or make expenditures, with a view to bringing about
his or her nomination or election to, or retention in, public office;
• Any person who appoints a campaign treasurer and designates a primary depository; or
• Any person who files qualification papers and subscribes to a candidate's oath as required by
law.
This definition does not include any candidate for a political party executive committee. (Sections
97.021(5) and 106.011(16) F S.)
Contribution: (See Section 106.011(3), F.S. and Chapter 10, Contributions.)
E lection Any primary election, special primary election, general election, special election, or
municipal election held in this state for the purpose of nominating or electing candidates to public
office, choosing delegates to the national nominating conventions of political parties or submitting
an issue to the electors for their approval or rejection. (Section 106.011(6), F.S.)
E lectioneering Communication: Any communication publicly distributed by a television station,
radio station, cable television system, satellite system, newspaper, magazine, direct mail, or
telephone that (1) refers to or depicts a clearly identified candidate for office without expressly
advocating the election or defeat of a candidate but that is susceptible of no reasonable
interpretation other than an appeal to vote for or against a specific candidate; (2) is made within
30 days before a primary or special primary election or 60 days before any other election for the
office sought by the candidate; and (3) is targeted to the relevant electorate in the geographical
area the candidate would represent if elected. (Section 106.011(18), F.S.)
Expenditure: (See Section 106.011(4), F.S. and Chapter 12, Expenditures.)
Filing Officer: The person before whom a candidate qualifies, the agency or officer with whom a
political committee registers or the agency by whom a committee of continuous existence is
certified. (Section 106.011(14), F.S.)
General Election: An election held on the first Tuesday after the first Monday in November in the
even -numbered years, for the purpose of filling national, state, county, and district offices and for
voting on constitutional amendments not otherwise provided for by law. (Section 97.021(15), F.S.)
Independent Expenditure: (See Section 106.011(5), F.S. and Chapter 12, Expenditures.)
7
In -Kind Contribution: In-kind contributions are anything of value made for the purpose of
influencing the results of an election except money, personal services provided without
compensation by individual volunteers, independent expenditures, as defined in Section
106.011(5), F.S , or endorsements of three or more candidates by political committees or political
parties. (See Division of Elections Opinion 04-06)
Judicial Office: Includes the office of Justice of the Supreme Court, judge of a district court of
appeal, judge of a circuit court, and county court judge. A judicial office is a nonpartisan office and
a candidate for election or retention thereto is prohibited from campaigning or qualifying for such
an office based on party affiliation. (Section 105.011 F.S.)
Minor Political Party: Any group which on January 1 preceding a primary election does not have
registered as members five percent of the total registered electors of the state. (Section
97.021(18), F.S.)
N ominal Value: Having a retail value of $10 or less. (Section 97.021(20), F.S)
N onpartisan Office: An office for which a candidate is prohibited from campaigning or qualifying
for election or retention in office based on party affiliation. (Section 97.021(21), F.S.)
Office Account: A candidate elected to office or a candidate who will be elected to office by
virtue of his or her being unopposed may transfer funds from the campaign account to an office
account up to limits listed under Section 106.141(5), F S. This fund must be used only for
legitimate expenses in connection with the candidate s public office. (Section 106.141, F S.)
Person: An individual or a corporation, association, firm, partnership, joint venture, joint stock
company, club, organization, estate, trust, business trust syndicate, or other combination of
individuals having collective capacity. The term includes a political party, political committee, or
committee of continuous existence. (Section 106.011(8), F.S.)
Petty Cash: Cash spent in amounts of less than $100 to be used only for office supplies,
transportation expenses, and other necessities by the candidate. (Sections 106.07 and 106.12,
F.S.)
Political Advertisement: (See Section 106.011(17), F.S. and Chapter 13, Political Advertising.)
P rimary Election: An election held preceding the general election for the purpose of nominating
a party nominee to be voted for in the general election to fill a national, state, county, or district
office (Section 97.021(28), F.S.)
•
P ublic Office: Any state, county municipal, or school or other district office or position which is
filled by vote of the electors. (Section 106.011(10), F.S.)
S pecial Election• Called for the purpose of voting on a party nominee to fill a vacancy in the
n ational, state, county, or district office. (Section 97.021(33), F S.)
S pecial Primary Election: A special nomination election designated by the Governor, called for
the purpose of nominating a party nominee to be voted on in a general or special election.
(Section 97.021(34), F.S.)
Statewide Office: Governor, Cabinet, and Supreme Court Justice.
U nopposed Candidate: A candidate for nomination or election to an office, who after the last
day on which any person, including a write-in candidate, may qualify, is without opposition in the
e lection at which the office is to be filled or who is without such opposition after such date as a
result of any primary election or of withdrawal by other candidates seeking the same office. A
8
candidate is not an unopposed candidate if there is a vacancy to be filled under Section
100.111(4), F.S. if there is a legal proceeding pending regarding the right to a ballot position for
the office sought by the candidate, or if the candidate is seeking retention as a justice or judge.
(Section 106.011(15) F.S.)
9
Chapter 6
Becoming a Candidate
A candidate is any person who:
1. Seeks to qualify for nomination or election by means of the petitioning process;
2. Seeks to qualify for election as a write-in candidate;
3. Receives contributions or makes expenditures, or consents for any other person to receive
contributions or make expenditures, with a view to bring about his or her nomination or
election to, or retention in, public office;
4. Appoints a treasurer and designates a primary depository; or
5. Files qualification papers and subscribes to a candidate's oath as required by law.
(Section 106.011(16), F.S.)
What to File
Form DS -DE 9, Appointment of Campaign Treasurer and Designation of Campaign
Depository for Candidates is the first document that must be filed with the filing officer to
become a candidate. At the same time, the candidate must designate the office for which he or
she is running A candidate can appoint a campaign treasurer and designate a campaign
depository at any time, but no later than the date the candidate qualifies for office. Nothing
prohibits a person from announcing their intention to become a candidate prior to filing Form DS -
DE 9 as long as no contributions are received, no expenditures are made and no signatures are
obtained on a candidate petition.
Form DS -DE 9:
1. Shall be filed with the filing officer prior to opening the campaign account.
Note: The campaign depository should not be opened until after the DS -DE 9 is on
file with the filing officer.
2. Is not effective until the campaign treasurer signs it and it is filed with the filing officer.
3. Is not considered "filed" upon mailing, but only upon receipt by the filing officer.
4. Shall be on file with the filing officer prior to the candidate accepting any contributions or
making any expenditures, or authorizing another to accept contributions or make
expenditures on the person's behalf.
5. Shall be on file with the filing officer prior to obtaining signatures on a DS -DE 104,
Candidate Petition.
10
Form DS -DE 84, Statement of Candidate, must be filed with the filing officer within 10 days after
filing Form DS -DE 9. This form states that the candidate has received, read, and understands the
requirements of Chapter 106, F.S The execution and filing of the statement of candidate does
not in and of itself create a presumption that any violation of Chapter 106, F.S., or Chapter 104,
F.S., is a willful violation as defined in Section 106.37 F.S.
Form DS -DE 83 Statement of Candidate for Judicial Office, must be filed by each candidate
for judicial office including an incumbent judge, within 10 days after filing Form DS -DE 9. This
form states that the judicial candidate has received, read and understands the requirements of
the Florida Code of Judicial Conduct
(Sections 105.031, 106.021 and 106.023, F.S.)
Filing Officer
The filing officer is the person before whom a candidate qualifies:
Division of Elections State, multicounty, district, and judicial offices
(except county courtjudge)
Supervisor of Elections County court judge, countywide, and district offices
(except multicounty offices)
Municipal Clerk Municipal offices
(Section 106.011(14), F.S.)
Resign -to -Run
No officer may qualify as a candidate for another public office (whether state district, county, or
municipal) if the terms or any part thereof run concurrently with each other without resigning from
the office he or she presently holds The resignation is irrevocable.
The written resignation must be submitted at least ten days prior to the first day of qualifying for
the office. The resignation must be effective no later than the earlier of the following dates:
1. The date the officer would take office, if elected; or
2. The date the officer's successor is required to take office.
(Section 99.012(3), F.S.)
A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon
qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is
currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise
that person and who has qualified as a candidate for reelection to that office.
(Section 99.012(4), F.S.)
The resign -to -run law does not apply to political party offices, persons serving without salary as
members of an appointive board or authority, and persons holding federal office.
(Section 99.012(6) and (7), F.S.)
For additional information regarding resign -to -run, see the Division's Frequently Asked Questions
page: http://www.elections.mvflorida.com/aen-faq.shtml.
11
Federal Hatch Act for State and Local Employees
Although a person may not be someone who would have to resign under Florida's resign -to run
law, the person may be precluded by the federal Hatch Act (5 USC § 1501 — 1508) from holding
his or her current job and becoming a candidate in a partisan election. The Hatch Act restricts
the political activity of individuals principally employed by the state, county, or municipal executive
agencies in connection with programs financed in whole or in part by loans or grants made by the
U .S. or a federal agency. If the state, county or municipal employee performs duties in
connection with an activity financed in whole or in part by federal funds that employee is
precluded from being a candidate for public office in a partisan election. With local governments
making increasing use of federal grants, state and local government employees must be
cognizant of the Hatch Act as it relates to their political activities.
Please note, however, that pursuant to 5 USC § 1502(c), Governors, Lieutenant Governors,
mayors, elected heads of executive departments, and individuals holding elective office are
exempt from the prohibition against being a candidate for public office. So, the Hatch Act
prohibits state county and municipal employees seeking public office in a partisan election, not
an elected officer seeking re-election or election to another office.
The Department of State has no authority to advise individuals on the applicability of the Hatch
Act; however, the U.S. Office of Special Counsel provides advisory opinions to potential
candidates. Inquiries about the Hatch Act should be directed to the Special Counsel's "Hatch Act
U nit." The contact may be in writing or by telephone at:
H atch Act Unit
U .S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.0 20036-4505
Tel: (800) 85 -HATCH or (800) 854-2824
(202) 254-3650
Requests for Hatch Act advisory opinions may be made by e-mail to: hatchact aC�.osc.aov.
Information about the Hatch Act as it pertains to state and local employees may be found at:
htto://www.osc.pov/ha state.htm.
Federal Hatch Act for Federal Employees
All civilian employees in the executive branch of the federal government, except the President
and the Vice President, are covered by the provisions of the Hatch Act. Employees of the U.S
Postal Service and the District of Columbia except for the Mayor of the District of Columbia the
D istrict of Columbia s City Council and the District's Recorder of the Deeds, are also covered by
the Act. Part-time federal employees are covered by the Act. If covered by the act, a federal
employee may not be a candidate in a partisan election. For more information about the Hatch
Act as it relates to federal employees, see: httr://www/osc.aov//hatchact.htm
Changing Parties for Partisan Offices
A person who has been a candidate for nomination of a political party may not change parties
and seek the nomination of another party during the six months preceding the general election.
(Section 99.021, F.S.)
12
Changing the Designation of Office
A candidate can change the designation of office by filing a new Form DS -DE 9 and a written
statement indicating the change with the filing officer. However, the candidate must notify each
contributor in writing and offer to return their contribution using the following procedure:
1. Within fifteen days after filing the change with the filing officer the candidate must send a
written notice to all contributors
2. The candidate must offer (in the notice) to return to the contributor on a pro rata basis all
contributions given in support of the original office.
3. The candidate must include (with the notice) a copy of Form DS -DE 86, Request for
Return of Contribution.
If the contributor returns Form DS -DE 86 within 30 days of receiving the notice, the
candidate must return a pro rata share of all contributions given in support of the original
office.
5. If the contributor does not return Form DS -DE 86 within 30 days of receiving the notice, the
candidate may use the contribution for the newly designated office.
If the candidate is changing the numerical designation of the office that has resulted solely from
redistricting the above notice requirement is unnecessary
The following formula is used to determine the pro rata share:
The amount of contributions contributed to the campaign that remain in the campaign account on
the date the candidate filed the change of designation
MINUS
The amount already obligated for goods or services
DIVIDED BY
The total amount of contributions contributed to the campaign
MULTIPLIED BY
The amount of the contribution contributed by the individual contributor
Pro Rata Refund Example
The candidate received a total of $5,000 from all contributors. Of this amount, the candidate has
$2,500 remaining in the campaign account with an outstanding amount of $500 owed for goods
and services. This leaves $2 000 in the account to be used for pro rata refunds One contributor
gave a $500 original contribution and wishes to have it returned.
$2,500 — $500 = $2,000 _ $5,000 = 40% x $500 = $200
(Section 106.021(1), F.S.)
13
Chapter 7
Statement of Solicitation
Who Must File Form DS -DE 102, Statement of Solicitation
The Governor, Lieutenant Governor, members of the Cabinet, state legislators, or candidates for
such offices who directly or indirectly solicit, cause to be solicited, or accept any contribution on
behalf of an organization that is exempt from taxation under s. 527 or s. 501(c)(4) of the Internal
Revenue Code, which such individuals in whole or in part, establish, maintain or control, must
file Form DS -DE 102.
When to File
Each office holder or candidate must file form DS -DE 102 within 5 days after he or she directly or
indirectly solicits, causes to be solicited, or accepts any contribution on behalf of a 527 or
501(c)(4) organization. An office holder or candidate is required to file this form only once for
each organization.
Form DS -DE 102, Statement of Solicitation shall be filed with the Division of Elections and, at a
minimum, must contain the following information:
1) The name of the person acting on behalf of the organization.
2) The name and type of the organization.
3) A description of the relationship between the person and the organization.
Penalty for Late Filing
Failure to timely file Form DS -DE 102 shall subject the person to a civil penalty of $50 per day for
each late day, payable from the personal funds of the violator.
Public Website and Mission Statement
Upon filing Form DS -DE 102 with the Division, a public website must be created that contains the
mission statement and the names of persons associated with the organization. The address of
the website shall be reported to the division within 5 business days after the website is created.
Additional Reporting
All contributions received shall be disclosed on the website within 5 business days after deposit,
together with the name, address, and occupation of the donor. All expenditures by the
organization shall be individually disclosed on the website within 5 business days after being
made.
Important An individual acting on behalf of his or her own campaign or a political party of which
the individual is a member is not required to file Form DS -DE 102.
(Section 106.0701, F.S.)
14
Chapter 8
Prohibited Acts
S peaking at Political Meetings
No person shall pay money or give anything of value for the privilege of speaking at a political
meeting in the furtherance of his or her candidacy, nor shall anyone speaking for such a person
pay money or give anything of value for such privilege.
(Section 106.15(1), F.S.)
U sing State -Owned Aircraft or Motor Vehicle
No candidate, in the furtherance of his or her candidacy for nomination or election to public office
in any election, shall use any state-owned aircraft or motor vehicle, as provided in Chapter 287,
F.S., solely for the purpose of furthering his or her candidacy. However, in the event a candidate
uses any state-owned aircraft or motor vehicle to conduct official state business and while on
such trip performs any function in the furtherance of his or her candidacy for nomination or
election to public office in any election, the candidate shall prorate the expenses incurred and
reimburse the appropriate agency for any trip not exclusively for state business and shall pay
either a prorated share of all fixed and variable expenses related to the ownership, operation and
use of such aircraft or one-half of the total fixed and variable expenses related to the ownership
operation, and use of such aircraft, whichever is greater. The reimbursement shall be made from
the campaign account of the candidate.
(Section 106.15(2), F.S.)
U sing Services of State, County, Municipal, or District Officers
or Employees
A candidate may not, in the furtherance of his or her candidacy for nomination or election to
public office in any election, use the services of any state, county, municipal, or district officer or
employee of the state during working hours.
(Section 106.15(3), F.S.)
Making Contributions in the Name of Another
A person may not make any contribution through or in the name of another, directly or indirectly,
in any election.
(Section 106.08(5), F.S.)
S olicitation from Religious, Charitable and Civic Organizations
Candidates may not:
1. Solicit contributions from any religious, charitable, civic, or other causes or organizations
established primarily for the public good.
15
2. Make contributions, in exchange for political support, to any religious, charitable, civic, or
other cause or organizations established primarily for the public good.
It is not a violation:
1. To make gifts of money in lieu of flowers in memory of a deceased person.
2. For a candidate to continue membership in, or make regular donations from personal or
business funds to religious, political party, civic, or charitable groups of which the candidate
is a member or to which the candidate has been a regular donor for more than six months.
3. For a candidate to purchase, with campaign funds, tickets, admission to events, or
advertisements from religious, civic, political party, or charitable groups.
(Section 106.08(5), F.S., and Division of Elections Opinion 04-03)
Accepting Contributions in a Government -Owned Building
No person shall make and no person shall solicit or knowingly accept any political contribution in
a building owned by a governmental entity. 'Accept" means to receive a contribution by personal
hand delivery from a contributor or the contributor's agent. This prohibition does not apply when a
government-owned building or any portion thereof is rented for the specific purpose of holding a
campaign fund raiser.
(Section 106.15(4), F.S.)
Making Malicious Statements
A candidate may not, with actual malice, make any false statement about an opposing candidate.
(Section 104.271, F.S.)
Certifying a False Report
Any candidate, campaign manager, campaign treasurer, or deputy treasurer who willfully certifies
the correctness of any report while knowing that such report is incorrect, false, or incomplete
commits a misdemeanor of the first degree.
(Sections 106.07(5) and 106.19, F.S.)
Limitations on Political Activity for Judicial Candidates
A candidate for judicial office shall not:
1. Participate in any partisan political party activities, except that such candidate may register to
vote as a member of any political party and may vote in any party primary for candidates for
nomination of the party in which he or she is registered to vote.
2. Campaign as a member of any political party.
3. Publicly represent or advertise herself or himself as a member of any political party.
4. Endorse any candidate.
5. Make political speeches other than in the candidate's own behalf.
16
Make contributions to political party funds.
7. Solicit contributions for any political party.
Accept contributions from any political party.
9. Accept or retain a place on any political party committee.
10. Make any contribution to any person, group, or organization for its endorsement to judicial
office.
11. Agree to pay all or any part of an advertisement sponsored by any person, group, or
organization wherein the candidate may be endorsed for judicial office by any such person,
group or organization
A candidate for judicial office or retention therein who violates the provisions of this section is
liable for a civil fine of up to $1,000 to be determined by the Florida Elections Commission.
A candidate for judicial office may attend and speak on his or her own behalf at political party
meetings and other functions However care must be exercised to insure compliance with
Chapter 105, F.S , and the Code of Judicial Conduct.
(Section 105.071, F.S., and Division of Elections Opinion 78-34)
17
Chapter 9
Campaign Treasurers
Appointing Campaign Treasurers and Deputy Treasurers
Each candidate shall appoint a campaign treasurer by filing Form DS -DE 9, Appointment of
Campaign Treasurer and Designation of Campaign Depository for Candidates with the filing
officer before whom the candidate qualifies. The name and address of the campaign treasurer
must be included on the form. A candidate may appoint a campaign treasurer and designate a
campaign depository at any time, but no later than the date the candidate qualifies for office. A
candidate who seeks to qualify by the petition process shall appoint a treasurer prior to obtaining
signatures on petitions. Nothing prohibits a person from announcing his or her intention to
become a candidate prior to filing Form DS -DE 9, as long as no contributions are received and no
expenditures are made.
1. A candidate must have a campaign treasurer.
2. A candidate may appoint herself or himself as campaign treasurer or deputy campaign
treasurer.
3. A candidate for statewide office (Governor, Cabinet and Supreme Court Justice) may
appoint no more than 15 deputy campaign treasurers. Any other candidate may appoint no
more than three deputy campaign treasurers.
4. Deputy campaign treasurers are appointed in the same manner as the campaign treasurer
by filing Form DS -DE 9 with the filing officer.
Form DS -DE 9:
1. Must be on file with the filing officer prior to opening the campaign account.
2. Is not effective until the campaign treasurer signs it and it is filed with the filing officer.
3. Is not considered "filed" upon mailing.
4. Must be on file with the filing officer prior to the candidate accepting any
contributions or making any expenditures, authorizing another to accept
contributions or make expenditures on the person's behalf, or obtaining signatures
on DS -DE 104, Candidate Petition.
(Section 106.021, F.S.)
Duties and Responsibilities
No contribution or expenditure, including contributions or expenditures of a candidate or of the
candidate's family, shall be directly or indirectly made or received in furtherance of the candidacy
of any person for nomination or election to political office in the state except through the duly
appointed campaign treasurer of the candidate, subject to the following exceptions:
1. Independent expenditures;
18
2. Reimbursements to a candidate or any other individual for expenses incurred in connection
with the campaign by a check drawn upon the campaign account and reported pursuant to
Section 106.07(4), F.S. The full name and address of each person to whom the candidate or
other individual made payment for which reimbursement was made by check drawn upon the
campaign account shall be reported pursuant to Section 106.07(4), F.S., together with the
purpose of such payment;
3. Expenditures made indirectly through a treasurer for goods or services, such as
communications media placement or procurement services, campaign signs, insurance, or
other expenditures that include multiple integral components as part of the expenditure and
reported pursuant to Section 106.07(4)(a)13.; or
4. Expenditures made directly by any political committee or political party regulated by Chapter
103, F.S., for obtaining time space or services in or by any communications medium for the
purpose of jointly endorsing three or more candidates, and any such expenditure shall not be
considered a contribution or expenditure to or on behalf of any such candidate for the
purposes of this chapter.
The campaign treasurer:
1. Shall keep detailed accounts of all contributions received and all expenditures made by or
on behalf of the candidate. Such accounts must be kept current within not more than two
days after the date a contribution is received or an expenditure is made.
2. Shall deposit all funds received by the end of the 5'" business day into the campaign
depository. All deposits shall be accompanied by a bank deposit slip containing the name of
each contributor and the amount of each contribution.
3. Shall keep detailed accounts of all deposits made in any separate interest-bearing account
or certificate of deposit and all withdrawals made from these accounts to the primary
depository and all interest earned.
4. Shall preserve all accounts for a number of years equal to the term of office to which the
candidate seeks election.
Shall file regular reports of all contributions received and expenditures made by or on behalf
of such candidate.
6. May be fined $1,000 or more or be subjected to criminal penalties for failing to file a
campaign report or filing an incomplete or inaccurate report.
Deputy campaign treasurers may exercise any of the powers and duties of the campaign
treasurer when specifically authorized to do so by the campaign treasurer and candidate.
Accounts, including separate interest-bearing accounts and certificates of deposit, kept by the
campaign treasurer of a candidate may be inspected under reasonable circumstances before,
during, or after the election to which the accounts refer by any authorized representative of the
Division of Elections or the Florida Elections Commission.
(Sections 106.021, 106.06, 106.07, 106.19 and 106.265, F.S.)
•
19
Resignation or Removal
IMPORTANT: When a campaign treasurer resigns or is removed by the candidate, a copy of the
letter of resignation or removal must be filed with the filing officer.
A campaign treasurer or deputy treasurer can resign by:
1. Submitting his or her resignation to the candidate in writing and filing a copy with the filing
officer;
2. The resignation is not effective until a copy of the written resignation is filed with the
filing officer
A candidate may remove the campaign treasurer or deputy treasurer by:
1. Giving written notice to the campaign treasurer or deputy treasurer and filing a copy with the
filing officer;
2. The removal is not effective until a copy of the written notice is filed with the filing
officer.
In the case of death, resignation, or removal of a campaign treasurer or deputy treasurer, the
candidate shall appoint a successor by certifying the name and address to the filing officer on
Form DS -DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository
for Candidates
(Section 106.021(2), F.S.)
20
Separate Interest -Bearing Accounts and Certificates of Deposit
In the event funds are available in the primary campaign depository that are not currently needed
for the disbursement of expenditures, the campaign treasurer or deputy campaign treasurer may
deposit such funds into a separate interest-bearing account designated as "(Name of Candidate)
Separate Interest -Bearing Campaign Account" or may purchase a certificate of deposit with the
available funds.
Any bank, savings and loan association, or credit union authorized to transact business in Florida
may be used for this purpose. The separate interest-bearing account or certificate of deposit shall
be separate from any personal or other separate interest-bearing 'account or certificate of deposit.
Any withdrawal from a separate interest-bearing account or certificate of deposit of the principal
or earned interest or any part thereof shall be made only for the purpose of transferring funds to
the primary campaign account
(Section 106.021(1), F.S.)
Campaign Checks
IMPORTANT: When issuing checks from the campaign account, the campaign treasurer or
deputy treasurer shall be responsible for the completeness and accuracy of the information on
such check and for insuring that such expenditure is an authorized expenditure.
Campaign checks must contain the following information:
1. The statement "Campaign Account of (Name of Candidate),"
2. Account number and name of bank,
3. The exact amount of the expenditure,
4. The signature of the campaign treasurer or deputy treasurer,
5. The exact purpose of the expenditure, and
6. The name of the payee.
This information may be typed or hand -printed on starter checks provided by the bank until
printed checks arrive. (Section 106.11(1) F.S.)
Campaign Account of Mr. John Doe
State Senate District 3
PAY TO THE
ORDER OF
Two Hundred and 00/100
BANK OF FLORIDA
TALLAHASSEE, FL 32323
FOR
Date 7/2/10
XYZ Lumber Company
00001
$ 200.00
DOLLARS
Sign materials Signature of Campaign Treasurer
003382558:0326 0075894
22
Chapter 10
Campaign Depositories
Primary Campaign Depository
A candidate must designate a primary campaign depository with a bank, savings and loan
association, or credit union authorized to do business in the State of Florida. The campaign
depository is designated at the same time as a treasurer is appointed. A candidate who seeks to
qualify by the petition process shall designate a campaign depository prior to obtaining signatures
on petitions. •
IMPORTANT: All contributions must be deposited into such account and all expenditures must be
drawn by a check on such account, except when paid with petty cash. (See Chapter 12,
Expenditures).
A candidate must file the name and address of the primary campaign depository with the same
officer with whom the candidate files the name of his or her campaign treasurer on Form DS -DE
9 Appointment of Campaign Treasurer and Designation of Campaign Depository for
Candidates.
The campaign account must be separate from any personal or other account and used only for
depositing campaign contributions and making expenditures.
Designating a campaign depository does not mean physically opening your account. It is merely
naming the financial institution where your campaign funds will be deposited. This is because
most banks require an initial deposit to open a campaign account and a contribution cannot be
accepted prior to the candidate filing Form DS -DE 9.
All funds received by the campaign treasurer shall, prior to the end of the fifth bp,siness day
following the receipt thereof, Saturdays, Sundays, and legal holidays excluded be deposited in a
campaign depository designated pursuant to Section 106.021, F.S., in an account designated
"(Name of Candidate) Campaign Account.'
IMPORTANT: All deposits must be accompanied by a bank deposit slip containing the name of
each contributor and the amount contributed by each.
(Sections 106.021(1) and 106.05, F.S.)
Secondary Campaign Depository
A candidate may designate one secondary depository in each county where an election is held in
which the candidate participates for the sole purpose of depositing contributions for transfer into
the primary depository.
A candidate must file the name and address of each secondary campaign depository with the
same officer with whom the candidate files the name of his or her campaign treasurer on Form
DS -DE 9.
If a contribution is deposited in a secondary depository, the depository shall forward the full
amount of the deposit, along with a copy of the deposit slip, to the primary depository prior to the
end of the first business day following the deposit.
(Sections 106.021(1) and 106.05, F.S.)
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Debit Cards (See Chapter 12, Expenditures.)
A candidate may use a debit card to make campaign expenditures.
1. Must be obtained from the same bank that has been designated as the primary campaign
depository.
2. Must be issued in the name of the treasurer, deputy treasurer, or authorized user and
state ' Campaign Account of (name of candidate or political committee).'
3. No more than three debit cards shall be issued.
4. Prior to use, a list of all persons authorized to use the card must be on file with the
Division.
5. Must expire no later than midnight of the last day of the month of the general election.
(Section 106.11(2), F.S., and Division of Elections Opinion 00-03)
Credit Cards (See Chapter 12, Expenditures.)
Candidates for statewide office (Governor, Cabinet, and Supreme Court Justice) may obtain
and use credit cards for travel -related campaign expenditures if the following conditions are met.
1. Must be obtained from the bank which has been designated as the primary campaign
depository.
2 Shall be in the name of the candidate and reflect that the account is a campaign account.
3. Prior to use, a copy of the agreement or contract between the candidate and the bank,
and a list of all persons authorized to use the card shall be filed with the Division
4. Must expire no later than midnight of the last day of the month of the general election.
5. Billing statements shall be paid upon receipt.
6. Campaign travel -related expenditures shall include transportation, lodging, meals, and
other expense incurred in connection with traveling for campaign purposes.
(Section 106.125, F.S.)
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Chapter 11
Contributions
A contribution is:
1. A gift, subscription, conveyance, deposit, loan, payment or distribution of money or
anything of value made for the purpose of influencing the results of an election or making
an electioneering communication. These include contributions in-kind, having an
attributable monetary value in any form;
2. A transfer of funds between political committees, between committees of continuous
existence, or between a political committee and a committee of continuous existence;
3. The payment, by any person other than a candidate, of compensation for the personal
services of another person which are rendered to a candidate without charge to the
candidate for such services; or
4. The transfer of funds by a campaign treasurer or deputy campaign treasurer between a
primary depository and a separate interest-bearing account or certificate of deposit. The
term includes any interest earned on such account or certificate.
The exceptions are*
1. Services provided without compensation by individuals volunteering a portion or all of their
time on behalf of a candidate including, but not limited to, legal and accounting services;
2. Editorial endorsements.
IMPORTANT: The law provides no exceptions for reporting contribution information, regardless
of the size of the contribution (e.g., the reporting requirements would be the same for a 50 cent
contribution as for a $500 contribution).
(Section 106.011(3), F.S.)
Unauthorized Contributions
Any contribution received by a candidate with opposition in an election or by the campaign
treasurer or deputy campaign treasurer on the day of that election or less than five days prior to
the day of the election must be returned to the contributor and may not be used or expended by
or on behalf of the candidate.
(Section 106.08(3), F.S.)
Anonymous Contributions
When a candidate receives an anonymous contribution it must be reported on the candidate's
campaign treasurer's report as an anonymous contribution. A letter should be submitted to the
filing officer explaining the circumstances surrounding the acceptance of the anonymous
contribution.
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The candidate cannot spend the anonymous contribution, but at the end of the campaign can
donate the amount to an appropriate entity under Section 106.141 F.S.
(Division of Elections Opinion 89-02)
In -Kind Contributions
In-kind contributions are anything of value made for the purpose of influencing the results of an
election.
The exceptions are:
1. Money;
2. Personal services provided without compensation by individual volunteers;
3. Independent expenditures, as defined in Section 106.011(5), F.S.; or
4. Endorsements of three or more candidates by political committees or political parties.
(Section 106.011, F.S.; and Division of Elections Opinion 04-06)
Any person who makes an in-kind contribution shall, at the time of making the contribution, place
a fair market value on the contribution. In-kind contributions are subject to contribution limitations.
Travel conveyed upon private aircraft shall be valued at the actual cost of per person commercial
air travel for the same or a substantially similar route.
(Section 106.055, F.S.)
Loans
Loans are considered contributions and are subject to contribution limitations; however, loans
made by a candidate to his own campaign are not subject to contribution limitations. Loans to or
from each person or political committee must be reported together with names, addresses,
occupations, and principal places of business, if any, of the lenders and endorsers, including the
date and amount of each loan on the campaign treasurer s report.
All personal loans exceeding $500 in value, made to a candidate and used for campaign
purposes and made in the twelve months preceding his or her election to office, must be reported
on Forms DS -DE 73 and 73A, Campaign Loans Report, and filed with the filing officer within
ten days after being elected to office. Loan reports filed with the Division of Elections must
be filed using the Electronic Filing System (EFS).
Any person who makes a contribution to pay all or part of a loan incurred in the twelve months
preceding the election, to be used for the campaign, may not contribute more than the amount
allowed in Section 106.08(1), F.S.
(Sections 106.011, 106.07 and 106.075, F.S.)
Cash Contributions
A person may not make or accept contributions from an individual in cash or by means of a
cashier's check in excess of $50 per election.
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IMPORTANT: Cash contributions should be reported on campaign treasurer's reports to include
the full name and address of each person who gave a cash contribution during the reporting
period, together with the amount and date of such cash contribution.
(Sections 106.07(4) and 106.09, F.S.)
Debit and Credit Card Contributions
A candidate may accept contributions via a credit card debit card, or money order. These
contributions are categorized as a "check" for reporting purposes
(Division of Elections Opinions 94-02 and 00-03)
Contribution Limits for Candidates
IMPORTANT: Except for political parties, no person, political committee, or committee of
continuous existence may make contributions in excess of $500 per election to any candidate for
election or retention in office The primary and general elections are separate elections. (See
Glossary for the definition of "person.")
These limits do not apply to contributions made by a state or county executive committee of a
political party regulated by Chapter 103, F.S., or to amounts contributed by a candidate to his
own campaign
A candidate may not:
1. Accept contributions until Form DS -DE 9, Appointment of Campaign Treasurer and
Designation of Campaign Depository for Candidates, is filed with the filing officer;
2. Accept a contribution in excess of $500 from any one person per election, provided the
candidate is an opposed candidate and the contribution is received within the timeframe
applicable to each election;
3. Accept contributions from family members in excess of $500 per election;
4. Accept more than $100 per election from an unemancipated child under the age of 18;
5. Accept contributions which in the aggregate exceed $50,000 from national, state, or county
executive committees of a political party including any subordinate committee (which
includes any political committee or committee of continuous existence affiliated with a
political party) of a national, state, or county committee of a political party; no more than
$25,000 of such contributions may be accepted prior to October 5, 2010. Polling services,
research services, cost for campaign staff, professional consulting services, and telephone
calls are not contributions to be counted toward the contribution limits, but must still be
reported by the candidate. All other contributions are counted toward the contribution limits;
6. A candidate for statewide (Governor, Cabinet and Supreme Court Justice) office may not
accept contributions from a national, state, or county executive committee of a political
party, including any subordinate committee of a national, state, or county committee of a
political party, which contributions in the aggregate exceed $250,000, no more than
$125,000 of which may be accepted prior to October 5, 2010; or
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7. Accept contributions after the date he or she withdraws his or her candidacy, is defeated,
becomes unopposed or is elected.
(Sections 106.08 and 106.19, F.S.)
Foreign Contributions
Federal law prohibits contributions from foreign nationals to any federal state, or local candidate,
unless the foreign national possesses a green card. Further information can be accessed by
contacting the Federal Election Commission at 1-800-424-9530 or on their website at
www.fec.aov.
2010 Deadlines for Accepting Contributions
Any contribution received by a candidate with opposition in an election, or the campaign treasurer
or deputy campaign treasurer on the day of that election or less than five days prior to the day of
that election must be returned to the contributor It may not be used or expended by or on behalf
of the candidate.
The primary and general elections are considered separate elections for contribution
purposes.
If opposed in the primary election the candidate may accept:
• $500 no later than midnight on August 19, 2010
If opposed in the primary and general elections the candidate may accept:
• $500 no later than midnight on August 19, 2010
• $500 between August 25 and midnight on October 28, 2010
If opposed in the general election only the candidate may accept:
• $500 up through the day of the primary election on August 24, 2010
• $500 between August 25 and midnight on October 28, 2010
Justice of the Supreme Court or Judge, District Court of Appeal (considered an opposed
candidate but only has one election, the general election) may accept:
• $500 no later than midnight on October 28, 2010 (contributions may be accepted during
the primary election, but must be applied toward the general election limitation).
Circuit Judge or County Court Judge candidates (have two elections, the primary and general
elections) may accept:
If opposed in the primary election only:
• $500 no later than midnight on August 19, 2010
If opposed in the primary and general elections:
• $500 no Tater than midnight on August 19, 2010
• $500 between August 25 and midnight on October 28, 2010
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Violations
Any candidate, campaign manager, campaign treasurer, or deputy treasurer of any candidate,
agent or person acting on behalf of any candidate, or other person who knowingly and willfully:
1. Accepts a contribution in excess of the limits prescribed by Section 106.08, F.S.;
2. Fails to report any contribution required to be reported by Chapter 106, F.S.;
3. Falsely reports or deliberately fails to include any information required by Chapter 106, F.S.;
or
4. Makes or authorizes any expenditure in violation of Section 106.11(4), F.S., or any other
expenditure prohibited by Chapter 106, F.S.;
is guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or
Section 775.083, F.S.
(Section 106.19, F.S.)
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Chapter 12
Expenditures
Definition
An expenditure is a purchase, payment, distribution, loan, advance, transfer of funds by a
campaign treasurer or deputy campaign treasurer between a primary depository and a separate
interest-bearing account or certificate of deposit, or gift of money or anything of value made for
the purpose of influencing the results of an election or making an electioneering communication.
General Requirements
A candidate shall:
1. Pay all campaign expenditures by a check drawn on the campaign account (except petty
cash);
2. Pay the qualifying fee by a check drawn on the campaign account;
3. Pay for all expenses authorized or incurred for the purchase of goods or services upon final
delivery and acceptance of the goods or services; and
4. Pay for public utilities such as telephone, electric, gas, water and like services when the bill
is received. Utility companies providing services to candidates must charge a deposit
sufficient to meet all anticipated charges during a billing period.
IMPORTANT: No candidate, campaign manager, treasurer, deputy treasurer, or any person
acting on behalf of the foregoing, shall authorize any expenses, unless there are sufficient funds
on deposit in the primary depository account of thecandidate to pay the full amount of the
authorized expense, to honor all other checks draw on such account, which checks are
outstanding, and to meet all expenses previously authorized but not yet paid
Sufficient funds means that the funds at issue have been delivered for deposit to the financial
institution at which such account is maintained and not that such funds are available for
withdrawal in accordance with the deposit rules or the funds availability policies of such financial
institution.
Checks
IMPORTANT: Only a campaign treasurer or deputy campaign treasurer is allowed to sign checks
drawn on the campaign account. The campaign treasurer or deputy campaign treasurer who
signs a check shall be responsible for the completeness and accuracy of the information on the
check and for ensuring it is an authorized expenditure. Candidates are prohibited from signing
campaign checks unless they appointed themselves campaign treasurer or deputy
treasurer.
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A candidate or other individual may be reimbursed for expenses incurred in connection with the
campaign by a check drawn on the campaign account and reported pursuant to Section
106.07(4), F.S. The full name and address of each person to whom the candidate or other
individual made payment for which reimbursement was made by check drawn upon the campaign
account shall be reported pursuant to Section 106.07(4), F.S., together with the purpose of such
payment.
Living Expenses
A candidate or the spouse of a candidate may not use campaign funds to defray normal living
expenses for the candidate or the candidate's immediate family other than expenses actually
incurred during the campaign for transportation, meals and lodging.
(Sections 106.011(4), 106.021(3), 106.14 and 106.1405, F.S.)
Petty Cash Funds
A campaign treasurer may provide a petty cash fund for the candidate. To establish a petty cash
fund, the campaign treasurer must write a check drawn on the primary campaign account Petty
cash may only be used for office supplies, transportation expenses, and other necessities.
A candidate must:
1. Spend petty cash in amounts of less than $100;
2. Report the total amount withdrawn and the total amount spent for petty cash in each
reporting period;
3. Keep complete records of petty cash although each expenditure does not have to be
reported individually;
4. Not mix cash contributions with petty cash; and
5. Not use petty cash for the purchase of time, space, or services flora any communications
media.
Limits on Petty Cash Fund Amounts
From the day a candidate appoints his or her campaign treasurer until the last day a candidate
can qualify for office the campaign treasurer may withdraw from the campaign account for the
purpose of providing a petty cash fund for the candidate:
• $500 per calendar quarter.
After qualifying is over and until the election in which the candidate is eliminated or elected to
office or the time in which the candidate becomes unopposed the treasurer may withdraw:
• $500 per week for all statewide (Governor, Cabinet, and Supreme Court Justice)
candidates.
• $100 per week for all other candidates.
(Sections 106.07 and 106.12, F S., and Division of Elections Opinion 06-10)
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Independent Expenditures
An independent expenditure means an expenditure made by a person for the purpose of
expressly advocating the election or defeat of a candidate, which expenditure is not controlled
by, coordinated with, or made upon consultation with, any candidate or agent of such candidate.
An expenditure for such purpose by a person having a contract with the candidate or agent of
such candidate in a given election period shall not be deemed an independent expenditure.
Expressly advocates means any communication which uses phrases including, but
not limited to: "vote for", "elect," "support," "cast your ballot for," ' Smith for
Congress,' "vote against," "defeat," "oppose," and "reject."
If the independent expenditure is, in the aggregate, in the amount of $5000 or more, the person
must file a report with the candidate's filing officer.
Political advertisements paid for by an independent expenditure must contain the following
statement: "Paid political advertisement paid for by (name and address of person paying for the
advertisement) independently of any (candidate).'
However, an expenditure for the purpose of expressly advocating the election or defeat of a
candidate which is made by the national, state, or county executive committee of a political party,
including any subordinate committee of a national, state, or county committee of a political party,
or by any political committee or committee of continuous existence, or any other person, shall
not be considered an independent expenditure if the committee or person:
1. Communicates with the candidate, the candidate's campaign, or an agent of the candidate
acting on behalf of the candidate including any pollster, media consultant, advertising
agency, vendor, advisor, or staff member concerning the preparation of, use of, or payment
for, the specific expenditure or advertising campaign at issue; or
2. Makes a payment in cooperation consultation, or concert with at the request or suggestion
of, or pursuant to any general or particular understanding with the candidate, the candidate's
campaign, a political committee supporting the candidate or an agent of the candidate
relating to the specific expenditure or advertising campaign at issue; or
3. Makes a payment for the dissemination, distribution, or republication, in whole or in part, of
any broadcast or any written, graphic, or other form of campaign material prepared by the
candidate the candidate's campaign, or an agent of the candidate, including any pollster,
media consultant, advertising agency, vendor, advisor or staff member; or
4. Makes a payment based on information about the candidate's plans, projects, or needs
communicated to a member of the committee or person by the candidate or any agent of the
candidate, provided the committee or person uses the information in any way, in whole or in
part, either directly or indirectly, to design, prepare, or pay for the specific expenditure or
advertising campaign at issue; or
5. After the last day of qualifying for statewide or legislative office, there is a consultation about
the candidate's plans projects, or needs in connection with the candidate's pursuit of election
to office and the information is used in any way to plan create, design, or prepare an
independent expenditure or advertising campaign with:
a. Any officer, director employee or agent of a national, state or county executive
committee of a political party that has made or intends to make expenditures in
connection with or contributions to the candidate; or
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b. Any person whose professional services have been retained by a national, state or
county executive committee of a political party that has made or intends to make
expenditures in connection with or contributions to the candidate; or
6. After the last day of qualifying for statewide or legislative office, retains the professional
services of any person also providing those services to the candidate in connection with the
candidate's pursuit of election to office; or
7. Arranges, coordinates, or directs the expenditure, in any way, with the candidate or an agent
of the candidate.
(Sections 106.011(5), and 106.071, F.S.)
Credit Cards
Candidates for statewide office (Governor, Cabinet, and Supreme Court Justice) may obtain
a credit card under the following conditions:
1. For use in making travel -related campaign expenditures to include transportation, lodging,
meals, and other travel expenses incurred.
2. It must be obtained from the same bank designated as the primary campaign depository.
3. It must be in the name of the candidate and reflect that it is a campaign account.
A copy of the agreement or contract between the candidate and bank, along with a list of all
persons authorized to use the card must be filed with the Division of Elections prior to
being used.
5. The credit card must expire no later than midnight of the last day of the month of the
general election.
6. Each statement received from the issuer of the credit card must be paid upon receipt.
(Section 106.125, F.S.)
Debit Cards
Debit cards may be used in lieu of campaign checks and are considered bank checks if:
1. Obtained from the same bank as the primary campaign depository.
2. Issued in the name of the treasurer, deputy treasurer, or authorized user.
3. States "Campaign Account of (Name of Candidate)."
4. No more than three are issued.
5. A list of all persons authorized to use the card is filed with the Division of Elections prior to
use.
6. Expires no later than midnight of the last day of the month of the general election.
7. The person using the card does not receive cash as part of, or independent of, any
transaction for goods or services.
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All debit card receipts must contain:
1. Last four digits of the debit card number.
2. Exact amount of expenditure.
3. Name of payee.
4. Signature of campaign treasurer, deputy treasurer, or authorized user.
5. Exact purpose of expenditure.
Any of the above listed information, if not included on the receipt, may be handwritten on, or
attached to, the receipt by the authorized user before submitting to the campaign treasurer. The
debit card user shall be responsible for the completeness and accuracy of the information and for
insuring that such expenditure is authorized.
(Section 106.11, F. S)
Electioneering Communications
Electioneering communication means any communication publicly distributed by a television
station, radio station, cable television system, satellite system, newspaper, magazine, direct mail,
or telephone that:
1. Refers to or depicts a clearly identified candidate for office without expressly advocating the
election or defeat of a candidate but that is susceptible of no reasonable interpretation other
than an appeal to vote for or against a specific candidate;
2. Is made within 30 days before a primary or special primary election or 60 days before any
other election for the office sought by the candidate; and
Is targeted to the relevant electorate in the geographical area the candidate would represent
if elected.
The exceptions are:
1. A communication disseminated through a means of communication other than a television
station, radio station, cable television system, satellite system, newspaper, magazine, direct
mail, telephone, or statement or depiction by an organization, in existence prior to the time
during which a candidate named or depicted qualifies for that election, made in that
organization s newsletter distributed only to members of that organization;
2. A communication in a news story, commentary or editorial distributed through the facilities of
any radio station, television station, cable television system, or satellite system unless the
facilities are owned or controlled by any political party, political committee, or candidate. A
news story distributed through the facilities owned or controlled by any political party, political
committee, or candidate may nevertheless be exempt if it represents a bona fide news
account communicated through a licensed broadcasting facility and the communication is
part of a general pattern of campaign related news accounts that give reasonably equal
coverage to all opposing candidates in the area;
3. A communication that constitutes a public debate or forum that includes at least two opposing
candidates for an office or one advocate and one opponent of an issue, or that solely
33
promotes such a debate or forum and is made by or on behalf of the person sponsoring the
debate or forum, provided that the staging organization:
a. Is either a charitable organization that does not make other electioneering
communications and does not otherwise support or oppose any political candidate or
political party; or a newspaper, radio station, television station, or other recognized news
medium and
b. Does not structure the debate to promote or advance one candidate or issue position
over another.
An expenditure made for, or in furtherance of, an electioneering communication shall not be
considered a contribution to or on behalf of any candidate and shall not constitute an independent
expenditure, nor be subject to the limitations applicable to independent expenditures.
Expenditures for Electioneering Communications
An expenditure made for, or in furtherance of, an electioneering communication shall not be
considered a contribution to or on behalf of any candidate and shall not constitute an independent
expenditure, nor be subject to the limitations applicable to independent expenditures.
An expenditure for an electioneering communication is made when the earliest of the following
occurs:
1. A person executes a contract for applicable goods or services;
2. A person makes payment, in whole or in part, for applicable goods or services; or
3. The electioneering communication is publicly disseminated.
(Sections 106.011(4) and (18), F.S.)
NOTE: An electioneering communication organization shall not use a credit card.
(Section 106.0703(9), F. S.)
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Chapter 13
Political Advertising
A political advertisement is a paid expression in any communications media, whether radio,
television newspaper, magazine, periodical, campaign literature, direct mail, or display or by
means other than the spoken word in direct conversation, which expressly advocates the election
or defeat of a candidate or the approval or rejection of an issue
(Section 106.143, F.S.)
Candidate Disclaimers
Except as noted below, any political advertisement that is paid for by a candidate and that
is published, displayed, or circulated before, or on the day of, any election must prominently
state: Political advertisement paid for and approved by (name of candidate), (party affiliation) for
(office sought)" or "Paid by (name of candidate), (party affiliation), for (office sought)."
(Section 106.143(1), F.S.)
IMPORTANT: Section 106.143(4)(a), F.S., requires a candidate to approve all political
advertisements and the advertisement must state that the content of the advertisement was
approved by the candidate. So, if the second alternative disclaimer above is used, the
advertisement still must say somewhere that the candidate approved the advertisement.
Also, the disclaimer language alternatives provided above should be verbatim as quoted
in s. 106.143, F.S. Variations are prohibited by law.
Any political advertisement of a candidate running for partisan office shall express the name of
the political party of which the candidate is seeking nomination or is the nominee.
If the candidate for partisan office is running as a candidate with no party affiliation, any
advertisement of the candidate must state that the candidate has no party affiliation. A candidate
who is registered in a political party may run as a candidate with `no party affiliation" without
changing his or her registration
The candidate shall provide a written statement of authorization to the newspaper, radio
station, television station, or other medium for each advertisement submitted for publication,
display, broadcast, or other distribution.
Candidates running for non-partisan office should not put a reference to party affiliation in the
disclaimer.
Exceptions to Disclaimer Requirements
The disclaimer requirement in section 106.143(1), Florida Statutes, does not apply to any
campaign message or political advertisement used by a candidate and the candidate's supporters
or by a political committee if the message or advertisement is:
(a) Designed to be worn by a person.
35
(b) Placed as a paid link on an Internet website, provided the message or advertisement is no
more than 200 characters in length and the link directs the user to another Internet website that
complies with the disclaimer requirements in section 106 143(1), Florida Statutes.
(c) Placed as a graphic or picture link where compliance with the requirements of this section is
not reasonably practical due to the size of the graphic or picture link and the link directs the user
to another Internet website that complies with section 106 143(1), Florida Statutes.
(d) Placed at no cost on an Internet website for which there is no cost to post content for public
users
(e) Placed or distributed on an unpaid profile or account which is available to the public without
charge or on a social networking Internet website, as long as the source of the message or
advertisement is patently clear from the content or format of the message or advertisement. A
candidate or political committee may prominently display a statement indicating that the website
or account is an official website or account of the candidate or political committee and is
approved by the candidate or political committee. A website or account may not be marked as
official without prior approval by the candidate or political committee.
(f) Distributed as a text message or other message via Short Message Service, provided the
message is no more than 200 characters in length or requires the recipient to sign up or opt in to
receive it.
(g) Connected with or included in any software application or accompanying function, provided
that the user signs up, opts in, downloads or otherwise accesses the application from or through
a website that complies with section 106 143(1) Florida Statutes.
(h) Sent by a third -party user from or through a campaign or committee's website, provided the
website complies with section 106.143(1), Florida Statutes.
(i) Contained in or distributed through any other technology -related item, service, or device for
which compliance with section 106.143(1), Florida Statutes, is not reasonably practical due to the
size or nature of such item, service, or device as available, or the means of displaying the
message or advertisement makes compliance with section 106.143(1), Florida Statutes,
impracticable. (Section 106.143(8), F.S.)
Examples of advertisements with disclaimers:
1. Non -incumbent, partisan candidate running for partisan office:
ELECT
JUDY DOMINGO
For State Representative
District 9
Political advertisement paid for and
approved by Judy Domingo,
Republican, for State Representative
OR
36
Approved by Judy Domingo
ELECT
JUDY DOMINGO
For State Representative
District 9
Paid by Judy Domingo, Republican, for
State Representative
2. Incumbent, partisan candidate running for partisan office:
RE-ELECT RE-ELECT
Mike Sharkey Mike Sharkey
S heriff OR Sheriff
Political advertisement paid4or-and. Paid by Mike Sharkey, Democrat, for
appxsve4 by Mike Sharkey, Bepneerat for Sheriff
Sheriff Approce*by Mtt irarkey`
3. Non -incumbent, no party affiliation candidate running for partisan office:
E LECT
Wess Farosi
For State Senate
Political advertisement paid for and approved
by Wess Farosi, No Party Affiliation, for State
S enate
OR
Approved by Wess Farosi
ELECT
Wess Farosi
For State Senate
Paid by Wess Farosi, No Party Affiliation, for
State Senate
4. Non -incumbent candidate running for nonpartisan office:
.ti.
ELECT
John Jones
For School Board
Political advertisement paid forte
approve4 John Jones for School Board
OR
5. Incumbent candidate running for nonpartisan office:
WRE—ELECT
Jane Doe
School Board
Political advertisement paid for and
approved by Jane Doe for School Board
OR
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Approved -by -Jelin -Jones
ELECT
John Jones
For School Board
Paid by John Jones for School Board
RE—ELECT
Jane Doe
School Board
Paid by Jane Doe for School Board
Approved by Jane Doe
Non -incumbent Advertisements
Required:
The word "for must be used in the body of such advertisement between the name of the
candidate and the office sought. This does not apply to bumper stickers or if the advertisement
satisfies one of the exceptions in section 106.143(8) Florida Statutes
Prohibited:
The word "re-elect" may not be used if the candidate is not the incumbent for the office sought.
Example
Elect Al Newguy
for
County Commission
District 5
Political Advertisement paid for and
approved by
Al Newguy, Green Party of Florida, for
County Commission
OR
Elect Al Newguy
for
County Commission
District 5
Paid by Al Newguy, Green Party of Florida,
for County Commission
Approved by Al Newguy
Note: A candidate running for an office that has a district, group, or seat
number does not have to indicate the district, group, or seat number in the
political advertisement or disclaimer.
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Chapter 14
Other Disclaimers
Any other political advertisement published, displayed, or circulated prior to, or on the day of, any
election must prominently be marked 'paid political advertisement' or 'pd. pot adv." and must
state the name and address of the persons sponsoring the advertisement.
The political advertisement must also state whether the advertisement and cost of production is
paid for or provided in-kind by or at the expense of the entity publishing, displaying, broadcasting,
or circulating the political advertisement; or state who provided or paid for the advertisement and
cost of production, if different from the source of sponsorship. (This paragraph does not apply if
the source of sponsorship is patently clear from the content or format of the political
advertisement.)
Endorsements in Political Advertisements
It is unlawful for any candidate or person on behalf of a candidate to represent that any person or
organization supports such candidate, unless the person or organization so represented has
given specific approval in writing to the candidate to make such representation. However, this
paragraph does not apply to editorial endorsement by any newspaper, radio or television station,
or other recognized news medium; and publication by a party committee advocating the
candidacy of its nominees.
Example
1. Political advertisement for a candidate representing that an organization supports him, paid for
in-kind by the organization, with specific approval from the organization in writing:
ELECT
Joe Cool
For County Commission, District 1
Democrat
Supported by Pup P. Doa Foundation
Pd. Pol. Adv. sponsored and paid for in-kind by
Pup P Dog Foundation, Zero Street, Jupiter, FL 32323
Approved by Joe Cool, Democrat,
For County Commission
39
1
Pup P. Dog Foundation
July 15, 2006
Dear Sir or Madam:
Please let this letter serve as
our approval of the political
advertisement supporting Joe
Cool for County Commission,
District 1.
The content of this
advertisement was reviewed
and approved in advance.
Sincerely,
Mr. Canine
Independent Expenditure Disclaimers
Any person who makes an independent expenditure for a political advertisement shall provide a
written statement that no candidate has approved the advertisement to the newspaper, radio
station, television station, or other medium for each such advertisement submitted for publication,
display, broadcast, or other distribution. The advertisement must also contain a statement that no
candidate has approved the advertisement. This paragraph does not apply to campaign
messages used by a candidate and his or her supporters if those messages are designed to be
worn by a person.
Example
1. Independent expenditure political advertisement supporting a partisan candidate running for a
partisan office:
Birds of a Feather Association
Supports
Tweety Bird
For Public Defender, Fourth Circuit
Democrat
Paid Political Advertisement paid for by the
Birds of a Feather Association
444 Robin Lane, Jacksonville, FL 33433 independently
of any candidate.
This advertisement was not approved by any candidate.
Bird of a Feather Assoc.
July 15, 2006
Dear Sir or Madam.
The enclosed advertisement is
an independent expenditure by
the Birds of a Feather
Association in support of
Tweety Bird for Public
Defender, Fourth Circuit.
This advertisement was not
approved by any candidate.
Sincerely,
Gold Finch
Disclaimers for Other Than Independent Expenditures
Any political advertisement, including those paid for by a political party, other than an
independent expenditure, offered by or on behalf of a candidate must be approved in advance by
the candidate. Such political advertisement must expressly state that the content of the
advertisement was approved by the candidate and must state who paid for the advertisement.
The candidate shall provide a written statement of authorization to the newspaper, radio station,
television station, or other medium for each such advertisement submitted for publication, display,
broadcast, or other distribution. This paragraph does not apply to messages used by a candidate
and his or her supporters if those messages are designed to be worn by a person.
Example
1. Political advertisement, not an independent expenditure, offered on behalf of a nonpartisan
candidate:
POT O'GOLD ORGANIZATION
Supports the Re -Election of
Goldie Green
Nassau County Judge
Pd. Pol. Adv. by Pot O'Gold Organization
111 Jewel Street, Tallahassee, FL 32333
Content approved in advance by Goldie Green,
For Nassau County Judge
40
July 15, 2006
Dear Sir or Madam:
Please let this letter serve as
my approval of the political
advertisement by the Pot
O'Gold Organization supporting
my candidacy for Nassau
County Judge.
Sincerely,
Goldie Green
Disclaimers on Novelty Items
N one of the requirements of Section 106.143, Florida Statutes, apply to novelty items having a
retail value of $10 or Tess which support, but do not oppose a candidate or issue.
Examples
A A A A
Pens/Pencils
Golf Balls
Balloons
Language Other Than English
Any political advertisement which is published, displayed, or produced in a language other than
E nglish may provide the information required by Section 106.143, Florida Statutes, in the
language used in the advertisement.
Electioneering Communications Disclaimers
Any electioneering communication, other than a telephone call, shall prominently state "Paid
electioneering communication paid for by ...(Name and address of person paying for the
communication)..." For disclaimers on telephone calls, see Chapter 16, Solicitation. Any person
who fails to include the disclaimer in any electioneering communication that is required to contain
such disclaimer commits a misdemeanor of the first degree, punishable as provided in Section
775.082 or 775.083, F.S.
Other Political Disclaimer Examples
1. Billboards:
E LECT
Road Runner
fur
S heri ff
Political advertisement paid for
Ina approwred by
Road Runner, Republican, for
Sheri 'f
41
2. None of the requirements of Section 106.143, Florida Statutes, apply to items designed to be
worn by a person.
Re-elect
T.S. HIRT
Sheriff
1JU! iJj "
NOTE: Political disclaimers are not required on campaign messages used
by a candidate and the candidate's supporters if those messages are
designed to be worn by a person.
3. Bumper stickers:
Imimafid
B. Beep
State Senate, District 17
Political advertisement paid for and approved
by B Beep, Rep., for State Senate
NOTE: On bumper stickers, there is no requirement to use the word "for"
between the candidate's name and the office being sought.
4. Fund raiser mailouts:
COME ONE! COME ALL!
Fish Fry
to Raise Funds for
FRANK JONES
(Adults $10.00 — Kids Under 12 Free)
Pd. Pol. Adv.
Paid for in-kind by ABC Committee,
Third Street Miami, FL 33333
Approved by Frank Jones (NPA) for
Dog Catcher
The purchase of a ticket for or a contribution
to the campaign fund raiser is a contribution
to the campaign of Frank Jones
42
C�
Mr. John Doe
333 Three Street
Miami, FL 33333
I'LL BE THERE!
Put me down for
tickets
Pd. Pol. Adv.
Paid for in-kind by ABC
Committee,
Third Street, Miami, FL 33333
Approved by Frank Jones
(NPA) for
Dog Catcher
The purchase of a ticket for or a
contribution to the campaign
fund raiser is a contribution to
the campaign of Frank Jones.
Miscellaneous Advertisements
Any advertisement, other than a political advertisement, independent expenditure, or
electioneering communication on billboards bumper stickers, radio, or television, or in a
newspaper, a magazine or a periodical, intended to influence public policy or the vote of a public
official, shall clearly designate the sponsor of such advertisement by including a clearly readable
statement of sponsorship. If the advertisement is broadcast on television, the advertisement shall
also contain a verbal statement of sponsorship. This section shall not apply to an editorial
endorsement.
(Section 106.1437, F.S.)
Example of an advertisement to influence the vote of a public official:
To River Heights County Commissioners
Vote AGAINST increasing our property tax rate.
Sponsored by River Heights Homeowner Association
Use of Closed Captioning and Descriptive Narrative in all
Television Broadcasts
Each candidate, political party, and political committee must use closed captioning and
descriptive narrative in all television broadcasts regulated by the Federal Communications
Commission that are on behalf of, or sponsored by, a candidate, political party, or political
committee or must file a written statement with the qualifying officer setting forth the reasons for
not doing so Failure to file this statement with the qualifying officer constitutes a violation of the
Florida Election Code and is under the jurisdiction of the Florida Elections Commission.
(Section 106.165, F.S.)
43
Chapter 15
Fund Raisers
A campaign fund raiser is any affair held to raise funds to be used in a campaign for public
office. Campaign fund raisers may not be held until the person becomes a candidate.
(Sections 106.011(11) and 106.025, F.S.)
Contributions from Fund Raisers
All monies and contributions received with respect to a campaign fund raiser are campaign
contributions. All contributions are subject to the contribution limits contained in Section 106.08,
F S , and are to be accounted for and reported as any other contribution.
(Section 106.025, F. S.)
Expenditures for Fund Raisers
All expenditures with respect to a campaign fund raiser which are made or reimbursed by a check
drawn on the campaign account of the candidate are campaign expenditures. All expenditures
must be accounted for and are subject to the same restrictions as other campaign expenditures.
(Section 106.025, F.S.)
Tickets
Any tickets or advertising for a campaign fund raiser shall:
1. Contain the disclaimers and other information required of political advertising.
2. Contain the statement "The purchase of a ticket for, or a contribution to, the campaign fund
raiscr is a contribution to the campaign of (Name of the candidate for whose benefit the
campaign fund raiser is held)."
3. Comply with all other provisions of Chapter 106, F.S.
Advertising
Any political advertisement, including those paid for by a political party, other than an
independent expenditure, offered by or on behalf of a candidate:
1. Must be approved in advance by the candidate.
2. Must expressly state that the content of the advertisement was approved by the candidate.
3. Must state who paid for the advertisement.
The candidate shall provide a written statement of authorization to the newspaper, radio station,
television station, or other medium for each advertisement submitted for publication, display,
broadcast, or other distribution.
(Sections 106.025 and 106.143, F.S.)
44
Chapter 16
Solicitation
Telephone Solicitation
Disclosure requirements:
1. Any telephone call, including an electioneering communication telephone call, shall
identify the persons or organizations sponsoring the call by stating either: "Paid for by
(name or persons or organizations sponsoring the call) .. ' or "Paid for on behalf of ... (name
of persons or organizations authorizing call) .. ' This telephone disclaimer does not apply to
any telephone call in which the individual making the call is not being paid and the individuals
participating in the call know each other prior to the call.
(Section 106.1439(2) and 106.147(1)(a), F.S.)
2. Any telephone call conducted for the purpose of polling respondents concerning a candidate
that is a part of a series of like telephone calls that consists of fewer than 1,000 completed
calls and averages more than two minutes in duration is presumed to be a political poll and
not subject to the provisions of the above paragraph.
3. Prohibitions:
a. No telephone call shall state or imply that the caller represents any person or
organization unless the person or organization so represented has given specific
approval in writing to make such representation
b. No telephone call shall state or imply that the caller represents a nonexistent person or
organization.
4. Written Authorization Requirements: Any telephone call, not conducted by independent
expenditure which expressly advocates for or against a candidate, requires prior written
authorization by the candidate. A copy of such written authorization must be placed on file
with the qualifying officer by the candidate prior to the time the calls commence.
5. Penalties: Any person who willfully violates any provision of this section commits a
misdemeanor of the first degree punishable as provided in Section 775 082 or Section
775.083, F.S.
The term "person" includes any candidate; any officer of any political committee, committee of
continuous existence, or political party executive committee; any officer, partner, attorney, or
other representative of a corporation, partnership, or other business entity; and any agent or other
person acting on behalf of any candidate political committee committee of continuous existence,
political party executive committee, or corporation, partnership, or other business entity.
(Section 106.147, F.S.)
45
Telephone Solicitation, Registered Agent
1. Disclosure requirements:
a. Any person or organization that conducts any business in this state which consists of
making paid telephone calls supporting or opposing any candidate or elected public
official must prior to conducting such business, have and continuously maintain for at
least 180 days following the cessation of such business activities in the state a
registered agent for the purpose of any service of process, notice or demand required or
authorized by law and must file with the Division of Elections a notice of such registered
agent. Such registered agent must be an individual who is a resident of this state, a
domestic corporation, or a foreign corporation authorized to do business in this state.
However, this section does not apply to any person or organization already lawfully
registered to conduct business in this state.
b. Conducting business in this state as specified in the preceding paragraph includes both
placing telephone calls from a location in this state and placing telephone calls from a
location outside this state to individuals located in this state.
Form DS -DE 100, Telephone Solicitation, Registered Agent Notice shall be filed with
the Division of Elections and, at a minimum, must elicit all of the following information:
(1) The name, address, and telephone number of the registered agent.
(2) The name, address, and telephone number of the person or organization conducting
business in this state as specified.
The Division of Elections must be notified immediately of any changes in the information
required in a. above.
2. Violations: Any person or organization that violates this section commits a misdemeanor of
the first degree, punishable as provided in Section 775.082 or Section 775.083, F.S.
(Section 106.1475, F.S)
46
Chapter 17
Filing Campaign Reports
Each campaign treasurer designated by a candidate shall file regular reports of all contributions
received and all expenditures made by or on behalf of such candidate.
The candidate and his or her campaign treasurer shall certify as to the correctness of each report.
Each person so certifying shall bear the responsibility for the accuracy and veracity of each
report. Any campaign treasurer or candidate who willfully certifies the correctness of any report
while knowing that such report is incorrect, false or incomplete commits a misdemeanor of the
first degree.
(Section 106.07, F.S.)
Where to File
Reports are filed with the officer before whom the candidate qualifies. Candidates filing reports
with the Division of Elections are required to file by means of the Electronic Filing System
(EFS). If the candidate's filing officer is other than the Division of Elections, contact the
appropriate filing officer to find out the requirements.
(Section 106.07(2), F.S.)
When to File
Reports must be filed on the 10th day following the end of each calendar quarter (January, April,
July, and October) from the time the campaign treasurer is appointed, except that if the 10th day
occurs on a Saturday, Sunday or legal holiday, the report shall be filed on the next business day
that is not a Saturday, Sunday or legal holiday.
Reports must also be filed on the 32nd 18th and 4th days immediately preceding the primary
election and on the 46th 32nd, 181h, and 4th days immediately preceding the general election.
Unless the electronic filing requirements of Section 106.0705, Florida Statutes, apply, reports
shall be filed no later than 5 p.m. of the day designated A report postmarked by the U.S. Postal
Service no later than midnight of the day designated is deemed timely filed. A report received by
the filing officer within 5 days after the designated due date that was delivered by the U S. Postal
Service is deemed timely filed unless it has a postmark indicating the report was mailed after the
designated due date. A certificate of mailing obtained from and dated by the U.S. Postal Service
at the time of mailing or a receipt from an established courier company, which bears a date on or
before the date on which the report is due, is proof of mailing in a timely manner. Reports filed
with the Division of Elections through the Electronic Filing System (EFS) are due no later
than midnight, Eastern Time, of the due date. (See Chapter 19, Electronic Filing of Campaign
Reports.)
Once a candidate becomes unopposed the candidate need only file a 90 -day termination report.
(Sections 106.07, 106.0705 and 106.141, F.S.)
47
Penalty for Late Filing
Any candidate failing to file a report on the designated due date shall be subject to a fine of $50
per day for the first three days late and, thereafter, $500 per day for each late day, not to exceed
25 percent of the total receipts or expenditures, whichever is greater, for the period covered by
the late report. However, for the reports due August 20 and October 29, 2010, the fine shall be
$500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures,
whichever is greater, for the period covered by the late report. For a candidate's termination
report, the fine shall be $50 per day for each late day, not to exceed 25 percent of the total
receipts or expenditures, whichever is greater for the period covered by the late report. All fines
must be paid from the candidate's personal funds - not campaign funds.
(Section 106.07(2) and (8), F.S.)
Waiver of Report
In any reporting period during which a candidate has not received funds or made any
expenditures, the filing of the required report for that period is waived; however, the candidate
must indicate there is no activity by filing a waiver of report. (Waivers filed with the Division of
Elections must be filed using the EFS.) The next report filed must specify that the report covers
the entire period between the last submitted report and the report being filed.
(Section 106.07, F.S.)
The treasurer of an electioneering communications organization shall file a written report with the
filing officer by the prescribed reporting date when the organization has not received funds, made
any contributions, or expended any reportable funds. This report filed with the Division of
Elections must be filed using the EFS.
(Section 106.0703, F.S.)
Incomplete Reports
If a campaign treasurer files a report that is deemed incomplete, it shall be accepted on a
conditional basis. The campaign treasurer will be notified by the filing officer as to why the report
is incomplete. The campaign treasurer must file an addendum to the incomplete report within
three days of notification. The addendum must include all necessary information to complete the
report.
(Section 106.07(2), F.S.)
Reporting Total Sums
Each campaign treasurer's report required by Chapter 106, F.S., shall contain the total sums of
all loans, in-kind contributions, and other receipts by or for such candidate, and total sums of all
expenditures made by such candidate during the reporting period. The reporting forms shall be
designed to elicit separate totals for in-kind contributions loans, and other receipts.
(Section 106.07, F.S.)
Reporting Contributions
Each report must contain:
1. Full name, address, specific occupation, amount, and date of each person making a
contribution. Reports must provide as clear a description as practicable of the principal type
48
of business conducted for corporations contributing. The principal type of business or the
occupations are not required if the contribution is $100 or less, or from a relative
provided the relationship is reported.
2. Name, address, amount, and date of each political committee making any transfer of funds.
3. Full name, address, specific occupation, principal place of business of the lender and
endorser, date and amount of each loan.
4. Statement of each contribution, rebate, refund, or other receipts not listed in 1. through 3.
above.
(Sections 106.07(4) and 112.312(21), F.S.)
Returning Contributions
Contributions must be returned to the contributor if:
1. A candidate receives a contribution in excess of the limitations provided by law.
2. A candidate with opposition hi an election receives a contribution on the day of that election
or less than five days prior to the date of that election.
3. A candidate receives a contribution once he or she is elected, defeated, becomes
unopposed, or withdraws his or her candidacy.
If the contribution to be returned has not been deposited into the campaign account, report the
contribution as a contribution returned using form DS -DE 02.
If the contribution has been deposited into the campaign account:
1. Report the contribution; and
2. Write a check from the campaign account to the contributor for the amount of the contribution
and report this on the itemized expenditure report. Under 'purpose of expenditure" explain
the reason for returning the contribution. The candidate may also wish to submit a written
explanation to the filing officer.
(Section 106.08, F.S.)
Reporting Expenditures
Each report must contain:
1. Full name and address of each person to whom expenditures have been made along with the
amount, date and clear purpose of the expenditure. Name, address, and office sought by
each candidate on whose behalf such expenditure was made.
2. Full name and address of each person to whom an expenditure for personal services, salary
or reimbursed authorized expenses was made along with the amount, date, and clear
purpose of the expenditure.
3. Total amount withdrawn and the total amount spent from the petty cash fund. Each
expenditure from the petty cash fund need not be individually reported but complete records
of petty cash expenditures must be kept.
49
4. Credit cards may be used by statewide (Governor, Cabinet and Supreme Court Justice)
candidates only — expenditures made by credit card must be itemized (See Division of
Elections Opinion 05-07.)
5. Amount and nature of debts and obligations owed by or to the candidate, which relate to the
conduct of any political campaign
6. The amount and nature of any separate interest-bearing accounts or certificates of deposit.
Identification of the financial institution in which such accounts or certificates of deposit are
located must be identified.
7. The primary purposes of an expenditure made indirectly through a campaign treasurer for
goods and services such as communications media placement or procurement services,
campaign signs, insurance, and other expenditures that include multiple components as part
of the expenditure. The primary purpose of an expenditure shall be that purpose, including
integral and directly related components, that comprises 80 percent of such expenditure.
Total sum of expenditures during the reporting period.
(Section 106.07, F.S.)
Special Requirements for Judicial Candidates
A candidate for retention as a Justice of the Supreme Court or a Judge of a District Court of
Appeal who has not received any contributions or made any expenditures may file a sworn
statement on Form DS -DE 96 Affidavit of Intention at the time of qualifying that he or she does
not anticipate receiving contributions or making expenditures in connection with his or her
candidacy for retention to office
Such candidate must file a final report within 90 days following the general election for which the
candidate's name appeared on the ballot for retention The candidate may use Form DS -DE 97,
Affidavit of Compliance for this purpose.
A candidate for retention to judicial office who, after filing Form DS -DE 96 receives any
contributions or makes any expenditures in connection with his or her candidacy for retention
must immediately file a statement to that effect with the qualifying officer and must begin filing
reports as an opposed candidate pursuant to Section 106.07, F.S.
(Sections 105.08(2) and 106.141, F.S.)
50
Chapter 18
Termination Reports
Once a candidate withdraws, becomes unopposed, is eliminated, or elected to office, he or she
may only expend funds from the campaign account to:
1. Purchase "thank you' advertising for up to 75 days after he or she withdraws, becomes
unopposed, is eliminated, or elected to office.
2. Pay for items which were obligated before he or she withdrew, became unopposed, was
eliminated, or elected to office.
3. Pay for expenditures necessary to close down the campaign office and to prepare final
campaign reports.
4. Dispose of surplus funds as provided in Section 106.141, F.S.
(Section 106.11(5), F.S.)
Prior to Disposing of Surplus Funds
A candidate may be reimbursed by the campaign for any previously reported contributions by the
candidate to the campaign, in full or in part.
A candidate who filed an oath stating that he or she was unable to pay the election assessment
or fee for verification of petition signatures without imposing an undue burden on his or her
personal resources or on resources otherwise available to him or her, or who filed both such
oaths, or who qualified by the petition method and was not required to pay an election
assessment, must reimburse the state or local government entity, whichever is applicable for
such waived assessment or fee or both prior to disposing of any funds under the surplus
provisions contained in Section 106.141(4), F.S. Such reimbursement must be made in the
following order:
1. The cost of petition verification; and
2. If funds remain, the amount of the election assessment.
(Section 106.141, F.S.)
Disposing of Surplus Funds
Once a candidate withdraws, becomes unopposed, is eliminated, or elected to office the
candidate must dispose of the funds on deposit in his or her campaign account and file a
campaign treasurer's report (termination report) reflecting the disposition of funds.
A candidate required to dispose of surplus funds must, at the option of the candidate, dispose of
such funds within 90 days by any of the following means, or a combination thereof:
1. Return pro rata to each contributor the funds that have not been spent or obligated.
51
2. Donate the funds that have not been spent or obligated to a charity organization or
organizations that meet the qualifications of Section 501(c)(3) of the Internal Revenue Code.
3. Give not more than $10,000 of the funds that have not been spent or obligated to the political
party of which such candidate is a member, except that a candidate for the Florida Senate
may give not more than $30,000 of such funds to the political party of which the candidate is
a member.
4. Give the funds that have not been spent or obligated:
a. In the case of a candidate for state office, to the state to be deposited in the General
Revenue Fund; or
b. In the case of a candidate for office of a political subdivision, to such political subdivision,
to be deposited in the general fund thereof.
5. Transfer some funds to an office account (See Chapter 18, Office Accounts).
The termination report must include:
1. The name and address of each person or unit of government to whom any of the funds were
distributed and the amounts thereof;
2. The name and address of each person to whom an expenditure was made together with the
amount and purpose; and
3. The amount of such funds transferred to an office account together with the name and
address of the bank in which the office account is located.
If a refund check is received after all surplus funds have been disposed of, the check may
be endorsed by the candidate and the refund disposed of pursuant to Section 106.141, F.S. An
amended termination report must be filed with the filing officer.
All reports must be signed by the candidate and the campaign treasurer and certified as true and
correct.
(Section 106.141, F.S.)
Money from Separate Interest -Bearing Account or Certificate of
Deposit
A campaign treasurer of any candidate who withdraws, becomes unopposed, or is eliminated, or
elected to office, and who has funds on deposit in any interest-bearing account or certificate of
deposit, must, within seven days, transfer such funds and accumulated interest earned thereon to
the primary campaign account for disposal. However, when funds are in an account in which
penalties will apply for withdrawal within the seven day period, the campaign treasurer must
transfer such funds and accumulated interest earned thereon as soon as the funds can be
withdrawn without penalty, or within 90 days after the candidate becomes unopposed, withdraws
his or her candidacy, or is elected, or eliminated, whichever comes first.
(Section 106.141, F.S.)
52
Campaign Loans Report
A person elected to office must report all loans, exceeding $500 in value, made to him or her and
used for campaign purposes, and made in the twelve months preceding his or her election to
office, to the filing officer. The report must be made on Forms DS-DE 73 and 73A, Campaign
Loans Report within ten days after being elected to office. Loan reports filed with the Division of
Elections must be filed using the EFS.
Any person who makes a contribution to an individual to pay all or part of a loan incurred in the
twelve months preceding the election, to be used for the individual's campaign, may not
contribute more than the amount which is allowed in Section 106.08(1), F.S.
(Section 106.075, F.S.)
53
Chapter 19
Electronic Filing of Campaign Reports
The Electronic Filing System (EFS) is an Internet system for recording and reporting campaign
finance activity. Each candidate required to file reports with the Division of Elections under
Section 106.07, F.S., must file such reports with the Division by means of the EFS.
Reports filed pursuant to this section:
1. Shall be completed and filed through the EFS not later than 12:00 a.m., Eastern Standard
Time of the due date. Reports not filed by this time are late filed and are subject to the
penalties under Sections 106.04(8), 106.07(8), or 106.29(3), F.S., as applicable.
2. Are considered to be under oath by the candidate and treasurer, and such persons are
subject to provisions of Sections 106.04(4)(d), 106.07(5), or 106.29(2), F.S. as applicable.
Persons given a secure sign -on to the EFS are responsible for protecting such from
disclosure and are responsible for all filings using such credentials, unless they have notified
the division that their credentials have been compromised.
(Sections 106.0705 and 106.0706, F.S.)
Accessing the EFS
From Internet Explorer you can access the EFS at httns://efs.dos.state.fl.us. Each candidate is
provided an identification number and initial password to gain entry. Once you log in using the
initial password, you will be prompted to change it to a confidential one. You are responsible for
protecting the password from disclosure. Contact the Division of Elections immediately if your
password has been compromised.
Creating Reports
Campaign reports must be entered, saved, reviewed, and filed via the EFS either by directly
entering data into the web application or by uploading data using an approved vendor's software.
The Division maintains a list of approved software vendors whose programs meet the file
specifications for filing campaign reports. Instructions for uploading reports are provided in the
EFS User's Guide.
Submitting Reports
Reports will be held in pending status until the report is ready to be filed. Each person eligible to
file a report will receive a PIN (personal identification number) that allows the person to file
reports via the EFS. A person's PIN is considered the same as that person s signature on a
filed report
54
Electronic Receipts
The person filing a report on the EFS may print an electronic receipt verifying the report was filed
with the Division Each report filed by means of the EFS is considered to be under oath and such
persons filing the report are subject to the provisions of Chapter 106, F.S.
EFS HELP LINE
(850) 245-6240
EFS HELP GUIDE
http://www.elections.myflorida.com/publications/pdf/2007-2008/EFS_Manual.pdf
NOTE: For further information on the EFS, see Rule 1S-2.017, Reporting
Requirements for Campaign Treasurer's Reports, Florida Administrative Code.
55
Chapter 20
Office Accounts
A candidate elected to office or a candidate who will be elected to office by virtue of his or her
being unopposed may, in addition to disposing of all the funds in the campaign account in
accordance with Section 106.141(4), F.S., transfer funds from the campaign account to an office
account any amount up to the limits listed below:
1. $20,000 for a candidate for statewide office;
2. $5,000 for a candidate for multicounty office;
3. $5,000 multiplied by the number of years in the term of office for which elected for a
candidate for legislative office;
4. $2,500 multiplied by the number of years in office for which elected for a candidate for county
office or for a candidate for any election on less than a countywide basis;
5. $6,000 for a candidate for retention as a justice of the Supreme Court,
6. $3,000 for a candidate for retention as a judge of a district court of appeal;
7. $1,500 for a candidate for county court judge or circuit judge.
(Section 106.141(5), F.S.)
Using the Office Account
The office account must be separate and apart from any other account including any other type
of "office account" such as a legislative account. Any funds so retained by a candidate must be
used only for legitimate expenses in connection with the candidate's public office which may
include:
1. Travel expenses incurred by the officer or staff member;
2. Personal taxes payable on office account funds by the candidate or elected public official; or
3. Expenses incurred in the operation of his or her office, including employment of additional
staff.
As the duties and responsibilities of each office are different, what are considered "legitimate
expenses in connection with the candidate's public office" will vary For additional information,
please contact the legal or accounting department for your office.
If a candidate is re-elected to office or elected to another office and has funds remaining in the
office account, the candidate may transfer surplus campaign funds to the office account.
However, at no time may the total funds in the office account exceed the limitation imposed by
Section 106.141(5), F.S.
(Section 106.141(5), F.S.)
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Reporting Office Account Funds
A candidate is required to file a report on the 10th day following the end of each calendar quarter
following the 90 -day termination report until the office account is closed by filing:
1. Form DS -DE 48, Office Account Report, and
2. Form DS -DE 48A, Office Account Disbursement or Deposit Information.
Upon leaving office, any person who has funds in an office account shall give such funds to:
1. A charitable organization or organizations that meet the requirements of Section 501(c)(3) of
the Internal Revenue Code; or,
2. In the case of a state officer, to the state to be deposited in the General Revenue Fund; or,
3. In the case of an officer of a political subdivision, to the political subdivision to be deposited in
the general fund thereof.
Such reports shall be signed by the candidate, certified as true and correct and filed with the
officer before whom campaign reports were filed.
(Section 106.141(5) and (8), F S , and Division of Elections Opinion 06-04)
57
Chapter 21
Recordkeeping, Receipt and Inspection
Contributions
1. The campaign treasurer of each candidate shall keep detailed accounts of all contributions
received, which shall be current within not more than two days after the date of receiving the
contribution. (Section 106.06, F S.)
All funds received by the campaign treasurer of any candidate shall be deposited in the
campaign depository prior to the end of the fifth business day following receipt (Saturdays,
Sundays and legal holidays excluded). (Section 106.05, F.S.)
3. All money and contributions received with respect to a campaign fund raiser are deemed
campaign contributions and shall be accounted for and subject to the same restrictions as
other campaign contributions. (Section 106.025, F.S.)
4. All deposits shall be accompanied by a bank deposit slip containing the name of each
contributor and the amount contributed by each (Section 106.05, F.S.)
5. The campaign treasurer shall keep detailed accounts of all deposits made in any separate
interest-bearing account or certificate of deposit and of all interest earned. (Section 106.06,
F.S.)
6. Contributions deposited in a secondary campaign depository shall be forwarded to the
primary campaign depository prior to the end of the first business clay following the deposit. A
copy of the deposit slip shall accompany the deposit. (Section 106.05, F.S.)
Expenditures
1. The campaign treasurer of each candidate shall keep detailed accounts of all expenditures
made, which shall be current within not more than two days after the making of the
expenditure. (Section 106.06, F.S.)
2. Credit Cards for Statewide (Governor, Cabinet and Supreme Court Justice) Candidates
Only Receipts for each credit card purchase shall be retained by the treasurer with the
records for the campaign account. The treasurer shall require an accounting of actual
expenses and reconcile any overpayment or underpayment to the original payee. (Sections
106.07 and 106.125, F.S.)
Receipts for debit card transactions must contain: (1) the last four digits of the debit card
number; (2) the exact amount of the expenditure; (3) the name of the payee; (4) the signature
of the campaign treasurer, deputy treasurer, or authorized user; and (5) the exact purpose for
which the expenditure is authorized. Any information required but not included on the debit
card transaction receipt may be handwritten on, or attached to, the receipt by the authorized
user before submission to the treasurer. (Section 10611, F.S )
4. All expenditures made with respect to a campaign fund raiser which are made or reimbursed
by a check drawn on the campaign account shall be deemed to be campaign expenditures to
be accounted for and subject to the same restrictions as other campaign expenditures.
(Section 106.025, F.S.)
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5. The campaign treasurer shall keep detailed accounts of all withdrawals made from any
separate interest-bearing account or certificate of deposit to the primary depository and of all
interest earned. (Section 106.06, F.S.)
6. The campaign depository shall return all checks drawn on the account to the campaign
treasurer. The campaign treasurer shall retain the records pursuant to Section 106.06 F.S.
(Section 106.07, F.S.)
Preservation of Accounts
Accounts kept by the campaign treasurer of a candidate shall be preserved by the campaign
treasurer for a number of years equal to the term of the office to which the candidate seeks
election. (Section 106.06, F.S.)
Inspections
1. Accounts kept by the campaign treasurer of a candidate, including separate interest-bearing
accounts and certificates of deposit, may be inspected under reasonable circumstances
before, during, or after the election to which the accounts refer by any authorized
representative of the Division of Elections or the Florida Elections Commission. The right of
inspection may be enforced by appropriate writ issued by any court of competent jurisdiction
(Section 106.06 F.S.)
2. Records maintained by the campaign depository shall be subject to inspection by an agent of
the Division of Elections or the Florida Elections Commission at any time during normal
banking hours and such depository shall furnish certified copies of any such records to the
Division of Elections or Florida Elections Commission upon request. (Section 106.07, F.S.)
3. It is the duty of the Division of Elections to make, from time to time, audits and field
investigations with respect to reports and statements filed under the provisions of Chapter
106 F.S , and with respect to alleged failures to file any report or statement required under
the provisions of Chapter 106, F.S. (Section 106.22(6), F.S.)
4. It is the duty of the Division of Elections to conduct random audits with respect to reports and
statements filed under Chapter 106, F S., and with respect to alleged failure to file any
reports and statements required under Chapter 106, F.S. (Section 106.22(10) F.S )
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Chapter 22
Bookkeeping Suggestions
The Division of Elections has a few suggestions which may be helpful to campaign treasurers in
setting up a system to record and maintain campaign information.
1. Keep a schedule of due dates for campaign treasurer's reports. The Division of Elections
website(http://www.elections.myflorida.com/) provides each candidate with a calendar of
election and reporting dates.
2. Know what period of time each report covers and only report activity occurring during that
reporting period.
3. If filing with the Division of Elections, keep a copy of the electronic receipt for each report filed
for your own records. If filing with the local officers, keep the certificate of mailing.
4. Record all contributions when received. Make sure to include the name, address, specific
occupation, or principal type of business if over $100 amount, and date of each contributor.
Keep contributions itemized by monetary, in-kind, and loans.
5. Record all expenditures when they occur. List the name and address of each person to whom
the expenditure was made along with the amount, date, and purpose.
Keep a petty cash ledger of all expenditures These individual listings do not have to be listed
on campaign treasurer s reports, only the total amount withdrawn and total amount spent per
reporting period.
7. Monitor the cash flow to know how much money is available at all times in the account to
avoid any possibility of authorizing an expenditure when money is not available to pay for
such expenditure.
Maintain a listing of all funds currently in the separate interest-bearing account, certificate of
deposit or money market account.
9. Make sure an authorization for advertising has been obtained from the candidate.
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Chapter 23
Florida Elections Commission
The Florida Elections Commission is a separate and independent entity from the Division of
Elections. Commissioners are appointed by the Governor from lists of names submitted by
legislative leaders.
Automatic Fine Appeal Process
Any candidate may appeal or dispute a fine for a late filed campaign treasurer's report. The
appeal must be based upon, but not limited to, unusual circumstances surrounding the failure to
file on the designated due date. The candidate may request and is entitled to a hearing before the
Florida Elections Commission, which has the authority to waive the fine in whole or in part. The
Florida Elections Commission must consider the mitigating and aggravating circumstances
contained in Section 106.265(1), F.S., when determining the amount of a fine, if any, to be
waived. The appeal must be made within 20 days of the receipt of the notice of payment due. The
candidate must, within the 20 day period, notify the filing officer in writing of his or her intention to
bring the matter before the Commission.
(Section 106.07(8)(c), F.S.)
Complaint Process
Any person who has information of a violation of Chapters 104 or 106, F.S., shall file a sworn
complaint with the Florida Elections Commission, 107 West Gaines Street, Suite 224,
Tallahassee, Florida 32399-1050 or call 850-922-4539 A complaint form may be obtained from
the Florida Elections Commission or downloaded from the Commission's website at
www.fec.state flus.
(Sections 106.25 and 106.28, F.S.)
61
Chapter 24
Frequently Asked Questions
Candidates
If 1 want to be a no party affiliation candidate, can I still be registered to vote as a
Republican or Democrat?
Yes. Any registered elector who qualifies for office without party affiliation will have their name
placed on the ballot at the general election without party affiliation. (Section 99.0955(1), F.S.)
Do I have to designate a campaign treasurer and depository before I make public my
intention to run for office?
N o. A person must appoint a campaign treasurer and designate a depository prior to qualifying for
office, obtaining signatures on petitions accepting contributions or making expenditures Nothing
in the election laws prohibits a person from announcing their intention to become a candidate
prior to designating a treasurer or depository as long as no contributions are received and no
expenditures are made in connection with that announcement. (Section 106.021, F.S.)
What if I want to change my campaign treasurer or other officers?
File a reappointment of campaign treasurer (Form DS -DE 9) with the filing officer along with a
copy of the letter of resignation or removal.
How are judges elected in Florida and what are their terms?
Merit Retention
N ot all judges in Florida are elected to office Supreme Court Justices and Judges of the District
Court of Appeal are always appointed by the Governor from a list of three to six candidates
presented by the Judicial Nominating Commission for that court. Once appointed, they must
serve at least one year before the next general election and, thereafter, must face a 'yes" or "no"
vote every six years as to whether they will remain in office. If a judge is not retained the
appointment process starts again Further information can be obtained from the Florida State
Courts website at www.flcourts ora.
Elected Judges
E lected circuit judges and county court judges have six year terms that begin on the first Tuesday
after the first Monday in January following the general election. They are on the primary and
general election ballots the year before the term ends in January. If a judicial candidate receives
a majority of the votes at the primary election, the candidates name will not appear on the
general election ballot unless a write-in candidate has qualified for the same office. If no
candidate receives a majority of the votes at the primary election, the names of the two
candidates receiving the highest number of votes will appear on the general election ballot. The
candidate receiving the highest number of votes at the general election is elected to office.
62
Can a judicial candidate speak at a political party function?
A judicial candidate may attend and speak in his own behalf at political party functions. However,
care must be exercised to insure compliance with the election laws and the Code of Judicial
Conduct. (Chapter 105, F S. and Division of Elections Opinion 78-34)
I am a county court judge candidate. Where do I file and qualify?
You must file your appointment of campaign treasurer and designation of campaign depository
and qualify with the supervisor of elections office in the county where you reside. (Section
105.031, F.S.)
When can I start collecting signatures to qualify as a petition candidate?
Before collecting any signatures, all candidates (except federal and special district candidates)
must file the Appointment of Campaign Treasurer and Designation of Campaign Depository (Form
DS -DE 9) with the filing officer. Each petition must be submitted before noon of the 28th day
preceding the first day of the qualifying period for the office sought to the Sunervisoi of Elections of
the county in which such petition was circulated.
Campaign Advertising
What information must be included on a political disclaimer?
Political advertisement paid for by a candidate unless an exception applies in section 106.143(8),
F.S.:
"Political advertisement paid for and approved by
(name of candidate), (party affiliation), for (office sought)."
or
"Paid by (name of candidate), (party affiliation), for (office sought)."
IMPORTANT: Section 106.143(4)(a), F.S., requires a candidate to approve all political
advertisements and the advertisement must state that the content of the advertisement
was approved by the candidate. So, if the second alternative disclaimer above is used, the
advertisement still must say somewhere that the candidate approved the advertisement.
Political advertisement not paid for by a candidate:
"paid political advertisement" or "pd. pol. adv."
"(name and address of the persons sponsoring the advertisement)"
Political advertisement not paid for by a candidate, that supports a candidate, but is not an
independent expenditure:
"paid political advertisement" or "pd. pol. adv."
"(name and address of the persons sponsoring the advertisement)"
"The content of this advertisement was approved by the candidate."
Political advertisement not paid for by a candidate, that supports a candidate, and is an
independent expenditure:
63
"Paid political advertisement paid for by (name and address of the person oavina for
advertisement) independently of any (candidate or committee)."
(For more disclaimer examples see Chapters 13 and 14.)
Can my political ad say "re-elect" if I'm not the incumbent?
The word "re-elect" may not be used if the candidate is not the incumbent for the
office sought. The word "for" must be used between the name of the candidate
and the office sought. (Section 106.143(5), F.S.)
What is an electioneering communication?
Any communication publicly distributed by a television station, radio station, cable television
system, satellite system, newspaper magazine, direct mail or telephone that (1) refers to or
depicts a clearly identified candidate for office without expressly advocating the election or defeat
of a candidate but that is susceptible of no reasonable interpretation other than an appeal to vote
for or against a specific candidate (2) is made within 30 days before a primary or special primary
election or 60 days before any other election for the office sought by the candidate; and (3) is
targeted to the relevant electorate in the geographical area the candidate would represent if
elected. (Section 106.011(18), F.S.)
Do electioneering communications need disclaimers?
Yes. The disclaimer must read:
"Paid electioneering communication paid for by
(name and address of person paying for the communication)"
(Section 106.1439, F.S.)
Do I have to report expenditures for electioneering communications?
Yes. If the expenditure is not otherwise reported, it must be reported if the expenditure was $5000
or more. It is reported in the same manner, at the same time and subject to the same penalties as
are political committee expenditures. (Section 106.071(1), F.S.)
Campaign Finance
Do candidates for precinct committeeperson have to file campaign reports and comply
with Chapter 106, F.S.?
No. Persons seeking election to political party executive committees are specifically exempt from
the definition of 'candidate" and are therefore not subject to the requirements of Chapter 106,
F.S. (Sections 103.091 and 106.011(16), F.S.)
May a candidate appointment himself or herself as campaign treasurer?
Yes. (Section 106.021(1)(c), F.S.)
Must a campaign treasurer be a registered voter in Florida?
No. (Section 106.021(1)(c), F.S.)
64
How many deputy treasurers may a candidate or political committee have?
Candidates for statewide office may appoint up to 15 deputy treasurers Other candidates and
political committees may appoint up to 3 deputy treasurers (Section 106.021(1)(a), F.S.)
Can a deputy treasurer file and submit campaign reports?
Yes. A deputy treasurer may perform all of the duties of a campaign treasurer when specifically
authorized to do so by the campaign treasurer in the case of a candidate, or the campaign
treasurer and chairperson in the case of a political committee. (Section 106 021(4), F.S.)
Who is responsible for keeping tabs on aggregate totals of campaign contributions?
The campaign treasurer is responsible for receiving and reporting all contributions. (Section
106.06, F.S.)
May a candidate accept a contribution from a trust fund?
Yes. Chapter 106, F.S., defines a "person" as an individual, corporation, association, firm,
partnership joint venture, joint stock company, club, organization, estate, trust, business trust,
syndicate, or other combination of individuals having collective capacity. The term also includes a
political party, political committee or committee of continuous existence. (Section 106.011(8),
F.S )
Do I have to itemize small contributions of $5, $10, $50, etc.?
Yes. The law provides no exceptions for the reporting of contribution information, regardless of
the size of the contribution. The full name and address of the contributor are also required
(Section 106.07(4)(a), F.S.)
Are in-kind contributions subject to the same limitations as monetary contributions?
Yes. In Chapter 106, F.S., the definition of a "contribution" includes contributions in-kind having
an attributable monetary value in any form. Therefore, in-kind contributions are subject to the
same limitations set for monetary contributions. (Section 106 011(3) and 106.08, F.S.)
How is the value of an in-kind contribution determined?
The contributor must inform the person receiving the contribution of the fair market value at the
time it is given. (Section 106.055, F.S.)
Can a corporation give to a candidate, political committee or political party?
Yes. A corporation is under the definition of a "person" in Chapter 106, F.S. (Section 106.011(8),
F.S.)
I am opposed in the general election, but I have no opposition in the primary election,
therefore, my name will not be on the primary election ballot. Must I abide by the
prohibition on accepting contributions less than five days prior to the primary election?
No. Only candidates opposed in the primary election are required to comply. However, since you
are opposed and your name will appear on the general election ballot, you are required to abide
by the prohibition on accepting contributions less than 5 days prior to the general election.
(Section 106.08(3), F.S.)
65
Can 1 conduct a raffle to raise money for my campaign?
No. Pursuant to Section 849.09, Florida Statutes, it is unlawful for any person in this state to set
up, promote, or conduct any lottery for money or anything of value.
I was given cash at a rally and have no information on who it is from? What do I do?
Report this contribution on your campaign report but do not spend these funds on the campaign.
After the campaign is over, dispose of the funds pursuant to Section 106.141, F.S.
(Division of Elections Opinion 89-02)
As a candidate, what can I do with leftover campaign funds?
You may disburse leftover funds by any of the following means or a combination thereof:
• return pro rata to each contributor;
• donate to a charitable organization or organizations that meet the qualifications of s.
501(c)(3) of the Internal Revenue Code;
• give not more than $10 000 to the political party of which the candidate is a member
(except that a candidate for State Senate may give not more than $30 000);
• in the case of a candidate for state office, give the funds to the state to be deposited in
the General Revenue Fund or
• in the case of a candidate for an office of a political subdivision, to such political
subdivision to be deposited in the general fund thereof
Candidates who have received contributions for public campaign financing shall return all surplus
funds to the state.
Candidates shall reimburse the state or local government entity, in the order listed below, if they:
• filed an oath stating they were unable to pay the election assessment; and/or
• filed an oath stating they were unable to pay the fee for the verification of petition
signatures without imposing an undue burden on personal resources or on resources
otherwise available to them, or
• qualified by the alternative method and was not required to pay an election assessment.
In addition to the methods listed above a candidate elected to office (or will be elected by virtue
of being unopposed) may transfer funds from the campaign account to an office account to be
used only for legitimate expenses in connection with the candidate's public office. The amount
which can be transferred is limited pursuant to Section 106.141(5), F.S. (Section 106.141(5)
F.S.)
What are considered "legitimate office expenses" for purposes of office accounts?
As the duties and responsibilities of each office are different, what are considered legitimate office
expenses will vary. For further information specifically related to your office, please contact your
office's legal or accounting department.
66
Can I combine my leftover campaign funds with a legislative account?
No. The office account must be separate from any other account (including a legislative account).
(Section 106.141, F.S )
I am an elected official and still have funds in my office account. I am now beginning my
re-election campaign. May I place the surplus funds in the office account into my
campaign account for re-election?
No. Funds retained by elected officials in their office accounts may only be used for legitimate
expenses in connection with their public office. (Section 106.141(5), F.S.)
Do I have to file campaign reports on the Electronic Filing System (EFS)?
If the Division of Elections is your filing officer, you are required to file all campaign reports via the
EFS. If your filing officer is other than the Division of Elections, you must contact their office to
find out their requirements. (Section 106 0705, F.S.)
If my treasurer is out of town, can I have an extension to file my report?
No. The election laws do not provide for an extension under these circumstances. (Sections
106.04(4)(b)1 , 106.07(2)(b) and (3), F.S.)
If I make a mistake on my report can I go back in and correct it on the EFS?
Once the report is submitted to the Division of Elections, the EFS will not permit you to go back
and make changes. In order to correct mistakes or add and delete information, you must submit
an "amendment."
If I am late submitting my report, how is my fine calculated?
$50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed
25% of the total receipts or expenditures whichever is greater, for the period covered by the late
report. However, for reports immediately preceding the primary and general election, the fine
shall be $500 per day for each day, not to exceed 25%of the total receipts or expenditures,
whichever is greater for the period covered by the late report.
How long are campaign records kept at the Division of Elections or the supervisor of
elections?
Ten years from the date of receipt. (Sections 98.015(5) and 106.22(4), F.S.)
67
This publication is available in alternate format upon request by contacting 850 245 6240.
68
Atlantic Beach Code on
POLITICAL CAMPAIGN SIGNS
Chapter 17-26 provides that political campaign signs shall be permitted within all zoning
districts, shall be exempt from the requirement to obtain a sign permit, and are subject to
the following conditions:
Sec. 17-26(b)(7) "Temporary political campaign signs announcing the
candidacy of a qualified candidate for public office not exceeding four (4)
square feet in area may be placed wholly within the boundaries of any
property, at the discretion or consent of the legal owner and/or occupant of
the property, provided such signs conform with all traffic, electrical,
maintenance, fire and safety regulations of the city.
The placing of political campaign signs on city property, other public
property or on public rights-of-way shall be prohibited. Political
campaign signs displayed within motor vehicles conducting routine
business activities on city or other public property shall not be
prohibited, provided that no such vehicle shall be parked on city
property, other public property or on pubhc rights-of-way for the sole
purpose of displaying political campaign signs
Illegally placed political campaign signs shall be removed by the code
enforcement officer without notice to the candidate or abutting property
owner or occupant. Political campaign signs shall not be placed on
property prior to qualification of the candidate to run for office, and all
such signs shall be removed within seventy-two (72) hours after the last
election If such signs are not removed within this period of time, the
city may remove such signs and may charge the candidate the actual cost
for such removal. Collected funds shall be deposited into the city general
revenue. Failure to remove signs is a violation of this Code and is
enforceable pursuant to F.S. Chapter 162, Code Enforcement."
Candidates are advised to comply with the reauirements of the sign ordinance and are
asked to inform camnaian workers of the law and penalties regarding the posting of
political signs.
POLITICAL ADVERTISEMENTS
See F.S. 106.143 for additional information on political advertisements
DEFINITION OF POLITICAL ADVERTISEMENT
F. S. Section 106.011(17): "Political advertisement" means a paid expression in any communications media
prescribed in subsection (73), whether radio, television, newspaper, magazine, periodical, campaign
literature, direct mail, or display or by means other than the spoken word in direct conversation, which
expressly advocates the election or defeat of a candidate or the approval or rejection of an issue. However,
political advertisement does not include:
(a) A statement by an organization, in existence prior to the time during which a candidate qualifies or an
issue is placed on the ballot for that election, in support of or opposition to a candidate or issue, in that
organization's newsletter, which newsletter is distributed only to the members of that organization.
(b) Editorial endorsements by any newspaper, radio or television station, or other recognized news
medium."
In other words: A political advertisement is a paid expression in any communications media which supports or
opposes a candidate, elected public official or issue. A political advertisement is also a paid expression by
means other than the spoken word in direct conversation which supports or opposes a candidate, elected public
official or issue. Newsletters of organizations established prior to qualifying or prior to an issue being put on
the ballot are exempt if sent to the organizations' members.
DISCLAIMERS IN POLITICAL ADVERTISEMENTS
(Refer to F.S. 106.143 for all requirements).
Any political advertisement, displayed or circulated prior to, or on the day of an election, must be marked with
specific language as explained in F.S. Section 106.143 (1)
Exceptions: Novelty items such as pencils, pens, buttons, etc. having a retail value of $10 or less which
support but do not oppose a candidate. F.S. Section 106.143 (6)
USE OF THE WORD "RE-ELECT" F.S. Section 106.143(5)
A candidate who is running for an office that he or she does not presently hold may not use the word "re-
elect" in his or her political advertisements.
USE OF THE WORD "FOR" F.S. Section 106.143(5)
A candidate who is running for an office that he or she does not presently hold must use the word for" in
political advertisements between the candidate s name and the name of the office for which the candidate is
running in order that incumbency is not implied. Example: Elect John Doe for Sheriff.
STATEMENTS OF SUPPORT OR ENDORSEMENT Section 106.143(3) F.S.
A candidate (or another person on behalf of a candidate) cannot represent that any person or organization
supports the candidate unless the person or organization that is being represented as supporting the candidate
has given specific approval in writing to the candidate making the representation.
Exceptions: Editorial endorsements by an newspaper, radio or television station, or other recognized news
medium; publication by a party committee advocating the candidacy of its nominees; novelty items having a
retail value of $10 or less which support, but do not oppose a candidate.
ATLANTIC BEACH POLLING SITES
Precinct Polling Location
13F Atlantic Beach City Hall
13G Adele Grage Cultural Center
13H Community Presbyterian Church
13S Oceanside Church of Christ
Address City
800 Seminole Rd Atlantic Beach
716 Ocean Blvd Atlantic Beach
150 Sherry Dr Atlantic Beach
1025 Snug Harbor Ct Atlantic Beach
Zip Code
32233
32233
32233
32233
Y
Florida Statutes
101.131 Watchers at polls. --
(1) Each political party and each candidate may have one watcher in each polling room or early voting
area at any one time during the election. A political committee formed for the specific purpose of
expressly advocating the passage or defeat of an issue on the ballot may have one watcher for each
polling room or early voting area at any one time during the election. No watcher shall be permitted to
come closer to the officials' table or the voting booths than is reasonably necessary to properly perform
his or her functions, but each shall be allowed within the polling room or early voting area to watch and
observe the conduct of electors and officials. The poll watchers shall furnish their own materials and
necessities and shall not obstruct the orderly conduct of any election. The poll watchers shall pose any
questions regarding polling place procedures directly to the clerk for resolution. They may not interact
with voters. Each poll watcher shall be a qualified and registered elector of the county in which he or she
serves.
(2) Each party, each political committee, and each candidate requesting to have poll watchers shall
designate, in writing, prior to noon of the second Tuesday preceding the election poll watchers for each
polling room on election day. Designations of poll watchers for early voting areas shall be submitted in
writing to the supervisor of elections at least 14 days before early voting begins. The poll watchers for
each polling room shall be approved by the supervisor of elections on or before the Tuesday before the
election. Poll watchers for early voting areas shall be approved by the supervisor of elections no later
than 7 days before early voting begins. The supervisor shall furnish to each election board a list of the
poll watchers designated and approved for such polling room or early voting area.
(3) No candidate or sheriff, deputy sheriff, police officer, or other law enforcement officer may be
designated as a poll watcher.