Candidate Notebook for 2020 AB Election
CITY OF ATLANTIC BEACH
FLORIDA
CANDIDATE’S NOTEBOOK
MUNICIPAL ELECTION
2020
CANDIDATE PACKET FOR
ATLANTIC BEACH MUNICIPAL GENERAL ELECTION
NOVEMBER 3, 2020
TABLE OF CONTENTS
SECTION I GENERAL INFORMATION
a. Memorandum (includes qualifying information)
b. City Charter
c. Ordinance No. 33-16-21 & District Map
d. Where to get assistance
e. Guide to the Sunshine Amendment and Code of Ethics for
Public Officers and Employees
SECTION II ELECTION CALENDAR
a. Detailed Election Calendar
b. Calendar of Reporting Dates
SECTION III CAMPAIGN FINANCING/ELECTION LAWS
a. Notice of Statement of Candidate
b. The Florida Election Code, Chapters 97-106, Florida
Statutes, Florida Department of State
c. Florida Division of Elections, Candidate and Campaign
Treasurer Handbook
SECTION IV CAMPAIGN SIGNS AND ADVERTISING
a. Florida Statutes, 106.143
SECTION V POLLING INFORMATION
(Refer to F.S. 101.131 for more information)
a. Location of Precincts/Polling Places
SECTION VI CANDIDATE FORMS
a. DS-DE 9: Appointment of Campaign Treasurer and
Designation of Campaign Depository for Candidates
b. DS-DE 84: Statement of Candidate
c. Nomination Petitions
1. Nomination Petition- Mayor-Seat 1
2. Nomination Petition- Commissioner-Seat 2
3. Nomination Petition- Commissioner-Seat 3
d. DS-DE 302NP: Candidate Oath- Nonpartisan Office
e. Form 1: Statement of Financial Interests- 2019
SECTION VII TREASURER FORMS
a. DS-DE 2: Contribution Returned
b. DS-DE 12: Campaign Treasurer’s Report Summary
c. DS-DE 13: Campaign Treasurer’s Report- Itemized
Contributions
d. DS-DE 13A: Campaign Treasurer’s Report- Fund Transfers
e. DS-DE 14: Campaign Treasurer’s Report- Itemized
Expenditures
f. DS-DE 14A: Campaign Treasurer’s Report- Itemized
Distributions
g. DS-DE 73: Campaign Loans Report
h. DS-DE 73A: Campaign Loans Report Itemized
i. DS-DE 86: Request for Return of Contribution
j. DS-DE 87: Waiver of Report
MEMORANDUM
DATE: June 2020
TO: All Potential Candidates for Elected Office in Atlantic Beach
FROM: Donna L. Bartle, CMC
City Clerk
SUBJECT: 2020 Municipal 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 (904) 247-5809 or (904) 200-9790.
The following is a summary of pertinent information.
1. The City Clerk serves as the Filing Officer 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 DATE:
The General Election will be held on Tuesday, November 3, 2020. (There is no primary
election.)
3. OFFICES UP FOR ELECTION:
Mayor-Seat 1 (2-year term) – At Large- Currently held by Ellen Glasser
Commissioner-Seat 2 (4-year term) – District 1308 - Currently held by Cindy Anderson
Commissioner-Seat 3 (4-year term) – District 1307 - Currently held by Blythe Waters
4. Candidates must be registered to vote in the City of Atlantic Beach, must have been full-time
residents of the city for at least two years immediately prior to qualifying, and must not hold
any other elective office. Candidates for Seats 2-5 are required to reside within the district
for which they are seeking. Note: The mayor has no district requirement. The mayor and
commissioners are all elected At-Large.
5. TO BECOME A FILED CANDIDATE YOU MUST:
a. Appoint a Campaign Treasurer (F.S. 106.021(1)(a)) and designate a campaign
depository (F.S. 106.021 (1)(b)) by filing a Form DSDE 9 with the City Clerk.
Note: The candidate may also serve as his/her own campaign treasurer.
Election 2020 - Memorandum to Candidates Page 2 of 3
b. WITHIN TEN (10) DAYS OF FILING APPOINTMENT OF CAMPAIGN
TREASURER, CANDIDATE MUST FILE STATEMENT OF CANDIDATE
FORM (F.S. 106.023) by filing a Form DS-DE 84.
6. Open a campaign depository authorized to do business in the State of Florida pursuant to
F.S. 106.021 in an account designated “(Name of Candidate) Campaign Account”.
(Form DSDE 9 is required to be filed with the City Clerk before opening the
campaign bank account.) The bank will want a copy of the completed Form DSDE 9.
***ALL FORMS MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK***
7. TO FILE PETITIONS PRIOR TO QUALIFYING YOU MUST:
a. Be a FILED CANDIDATE (Have completed Item 5a above), and
PLEASE NOTE: Item 5b is required within 10 days of filing Item 5a above.
b. Submit completed petition(s) signed by at least twenty-five (25) qualified
electors of the City. Petitions can only be circulated for FILED CANDIDATES
and not before Wednesday, July 15, 2020. The deadline for filing the petitions
with the City Clerk is 5:00 pm on Friday, August 14. No nominating petition
shall be accepted unless accompanied by a signed acceptance of the nomination
by the candidate being nominated (Charter Sec. 39). Petitions will have to be
verified by the City Clerk through the Duval County Supervisor of Elections.
Please Note: Candidates who have met petition requirements are urged to contact the city clerk
to set an appointment for filing their qualifying documents.
8. QUALIFYING PERIOD:
Qualifying period begins at Noon on Monday, August 24, 2020 and will end at Noon
on Friday, August 28, 2020.
Items 9d, 9e and 9f below are considered “qualifying documents” or “qualifying papers”
and must be filed as one instrument 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 7b,
Election 2020 - Memorandum to Candidates Page 3 of 3
d. Take and subscribe to an oath in writing in accordance with F.S. 99.021 by
completing Form DSDE 302NP,
e. Submit Statement of Financial Interests (CE Form 1)(F.S. 112.3145 (2)(a)), and
f. Pay an election assessment fee of 1% of the salary of the office being sought
(F.S. 99.093 (1))
The assessment fees are as follows:
Mayor - Seat 1: $102.28
City Commissioner - Seats 2 through 5 - $62.25
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, etc.) are due and be sure to turn them in on time. The reporting
schedule and due dates are provided in Section II of the Candidate Packet. Penalties for
all late filings will be assessed in accordance with F.S. 106.07(8)(b). FLORIDA
STATUTES PROVIDES NO EXCEPTIONS FOR LATE FILING.
11. No contribution may be accepted after 12:00 midnight, Thursday, October 29, 2020.
12. The deadline to submit names of poll watchers is Noon on Tuesday, October 20, 2020.
Information regarding the procedure will be available on the Duval County Supervisor of
Elections website, www.duvalelections.com.
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
“no party affiliation” which is not the same as nonpartisan.
PART I - CHARTER[1]
Footnotes:
--- (1) ---
Editor's note— Section 1(Exh. A) of Ordinance No. 33-15-19, adopted May 11, 2015, adopted a new
Charter which amended and repealed all former Charter provisions, and which was approved at an
election held on August 25, 2015. The former Charter derived from the Laws of Florida Chs. 59 -1054, 86-
461; Ord. No. 28-93-3, § 1, adopted Aug. 23, 1993; Ord. No. 28-96-4, § 3, adopted Jan. 13, 1997; Ord.
No. 90-06-194, § 1, adopted Aug. 14, 2006; Ord. No. 33-07-12, § 1, adopted Oct. 2, 2007; Ord. No. 33-
07-13, § 1, adopted Oct. 2, 2007; and Ord. No. 33-10-17, § 1, adopted June 28, 2010.
State Law reference— Municipal Home Rule Powers Act, F.S. Ch. 166.
ARTICLE I. - INCORPORATION; FORM OF GOVERNMENT; POWERS
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 wa ter
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 Boule vard; 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 Atlantic Beach 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.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 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 cons trued liberally in favor of
the city.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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 large 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 6. - Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at least two years
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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 7. - Salary.
The salary of the members of the city commission shall be set by ordinance.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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 or her
discretion he or she deems desirable to expedite the handling of the business and affairs of the city.
Other members of the city commission may on occasion appoint special or select committees with the
approval of a majority of the commission. In the temporary absence or disability of the mayor -
commissioner, all duties of the mayor-commissioner shall be performed by the mayor pro tempore.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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;
(3) Establish or abolish 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, or as otherwise provided for by Florida Statutes;
(8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission has
passed an ordinance authorizing any such lease;
(9) Sell golf courses 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 that: (a) there is a
finding that public welfare no longer requires the operation of any such facility; and (b) the terms
of sale of real property within the city limits are stated; and (c) 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; the city commission shall perform an annual performance
review of the city clerk, city manager and city attorney;
(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.
(13) The mayor pro tempore shall be appointed by the city commission from its members.
(14) Provide for the protection and preservation of parks as follow: Any real property owned by the
city which is used principally or held out for use as a public park, shall be used only as a public
park; and parks shall not be sold, leased long term, gifted, changed in description or use, or
otherwise disposed of; and no structure shall be built in any such park to accommodate
activities not customarily associated with park use or outdoor recreation; unless such sale,
lease disposal, gift or structure is approved by unanimous vote of the entire city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 during 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 removed or 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 11. - Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request, if they deem it necessary, a deputy city manager and
deputy city clerk, respectively, to be hired as approved by the city commission and who shall be
compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 t o any other
office, department or agency any function or duty assigned by this Charter to a particular office,
department or agency.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each general election, 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 certif ied 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 th e next
regularly scheduled meeting of the city commission following receipt of the certified election results from
the Supervisor 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. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 16. - Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require that
minutes of its proceedings to be kept. The minutes shall be open and remotely available to the public in a
timely manner, through commonly accepted methods.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 18. - Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in F.S. Section
166.041 shall in its entirety constitute the process for such by the Atlantic Beach City Commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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 i ts 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 20. - Attendance 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE III. - THE CITY MANAGER
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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:
(1) Possession of at least a baccalaureate degree preferably 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
(2) Not less than five (5) years of experience as a city, municip al, county, or state government
administrator serving in at least an assistant department head or the equivalent in responsibility;
and
(3) A graduate degree acceptable to the city commission may be substituted for not more than one
year of the required experience.
At the time of appointment, the new city manager need not be a resident of the city or state, but
within six (6) months the city manager shall reside within the city of Atlantic Beach.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 first by the city manager or second, by a majority of the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 less than three (3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 26. - City departments.
Administrative departments as established by ordinance shall report to and serve under the city
manager.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
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 b y 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 information as requested about 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. 33-15-19, § 1(Exh. A), 5-11-15)
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 preferably in Business Administration or a related field acceptable to
the city commission from a college or universi ty 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE V. - CITY ATTORNEY
Sec. 31. - Appointment and qualifications.
The city commission shall appoint a city attorney, which may be a law firm, who shall be an attorney
with at least five years of experience in the practic e 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 instru ments 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.
(6) The city attorney shall serve at the pleasure of the city commission. The city commission may
remove the city attorney by the affirmative vote of not less than three (3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VI. - DEPARTMENT OF PUBLIC SAFETY
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VII. - BUDGET
Sec. 34. - Preparation and adoption.
Each department head shall be responsible for presenting a budget request to the city manager by a
date established by the city manager or his or her 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.
Upon 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.
Upon 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VIII. - DEPARTMENT OF FINANCE
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE IX. - ELECTIONS
Sec. 36. - Election regulations.
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. 33-15-19, § 1(Exh. A), 5-11-15)
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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 only by petition.
A petition for this purpose shall be signed by not less than twenty-five (25) qualified electors 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 ar e 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 71 st day (Monday) prior to the general election
and will end at noon on the 67 th day (Friday) prior the general 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
I 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 determ ining 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. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
Sec. 40. - Elections: Primary.
There are no primary elections for any seat on the City Commission of the City of Atlantic Beach.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Sec. 41. - Elections: General.
Beginning with the year 2019:
A regular or general election of candidates or nominees to the office of city commissioner shall
be held every even-numbered year on the same day as Florida's General Election for that year 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 of office in
accordance with Sec. 14 of this Charter. The candidate or nominee receiving the plurality of votes
cast 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 lots in accordance with Florida
Statutes to determine the winner.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 43. - Elections: Canvassing board, duties.
The City of Atlantic Beach delegates the election canvassing responsibilities for all city elections to
the Duval County Canvassing Board. The Canvassing Board may meet in Atlantic Beach, or at a location
as decided by the Duval County Canvassing Board 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 advance 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. See Chapters 101 and 102, Florida Statutes for a
complete listing of Canvassing Board duties. After each city election, the Canvassing Board shall issue an
official Certification of Election to the city clerk. The clerk shall provide a certificate of election to the
candidates elected.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE X. - INITIATIVE AND REFERENDUM
Sec. 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 sixteen percent (16%) of the
registered electors at the last regular municipal election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 II 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. W ithin thirty (30) 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 sixteen
percent (16%) 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 by the city commission or submitted to a
vote of the electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 number. 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 t he 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 thirty (30) 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 numbers 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 number certified, the signatures shall be accepted unless
void on other grounds. After completing the examination of the petition, the city clerk shall cert ify the
result to the city commission at its next 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 49. - Effect of certification of referendum petition.
When a referendum petition, or an amended petition, as defined in Section 46 has been cer tified as
sufficient, the ordinance specified in the petition shall not go into effect until and unless approved by the
qualified registered electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. Such final action shall be decided by at least a four-fifths affirmative vote of the full city
commission to approve, amend or deny. If such ordinance is one which 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?" Such final action shall also be
decided by at least a four-fifths affirmative vote of the full city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 not less 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 shall provide for a special
election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 or 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, descriptiv e of the
subject of such ordinance. The ballot used in voting upon any ordinance 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 53. - Availability of list of qualified electors.
Lists of qualified electors or registers may be obtained from the Supervisor of Elections for Duval
County in accordance with the provisions of F.S. 98.045(3).
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 55. - Reserved.
ARTICLE XI. - RECALL ELECTIONS
Sec. 56. - Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XII. - FRANCHISES
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIII. - TAX ADMINISTRATION
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIV. - ZONING
Sec. 59. - Zoning, land development regulations and maximum building height.
Zoning and land development regulations shall be in accordance with Florida 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 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 one hundred (100) feet and
containing an additional footprint of no more than eleven 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XV. - MUNICIPAL BORROWING
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVI. - SUITS AGAINST THE CITY
Sec. 61. - Suits.
No suit shall be brought against the city for damages unless all provisions of state law have been
met.
Upon receiving notice of any suit, the city manager shall inform the city commission of the lawsuit as
soon as practical. 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVII. - GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 62. - Removal of officers and employees.
Any officer or employee appointed by the city manager or head of any office, department or agency
may be removed by the city manager at any time pursuant to city ordinances.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 pur pose
shall have power to compel the attendance of witnesses and the production of books, papers and other
evidence; 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 oath to be administered by some officer having authority under the law of the
state to administer oaths. Failure to obey such subpoena or to produce books, papers, or other evidence
as ordered under 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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 willful 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 68. - Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his or her 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 70. - Rights of officers and employees preserved.
Nothing contained in this Charter, except as specifically provided, shall affe ct 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
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, com mission, agent or agency with the power to continue
its duties and obligations.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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 rel ating
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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 77. - Short title.
This Charter shall be known as the "Atlantic Beach Charter."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 78. - Severability 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 entire 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. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVIII. - WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
Sec. 79. - Effective date of Act.
This Act shall go into effect subject to the referendum and in accordance with state law under F.S.
166.031.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 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. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 81. - Periodic review
A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of
the City shall be appointed by the City Commission every eight (8) years to review the City Charter and
propose any amendments or revisions, which may be advisable for placement on the regular municipal
election ballot.
The City Commission shall appoint the Charter Review Committee in January of the year
immediately preceding the election with a definite and specific charge. The Charter Review Committee
shall meet for the purpose of organization within thirty (30) days after the appointments have been made.
The Charter Review Committee shall elect a chair and vice chair f rom among its membership. Further
meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the
members of the Charter Review Committee. All meetings shall be open to the public. No Charter
amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a
majority of the entire membership of the Charter Review Committee.
No later than one-hundred and eighty (180) days prior to the regular municipal election, the Charter
Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to
the City Charter. Each proposed amendment shall embrace but one subject and matter directly
connected therewith. The City Commission may by resolution place such amendments or revisions as
approved by the Charter Review Committee on the next regular municipal election ballot. If a majority of
the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall
become effective on January 1 of the succeeding year or such other time as the amendment or revision
shall provide.
If the Charter Review Committee does not submit any proposed Charter amendments or revisions to
the City Commission at least one-hundred and eighty (180) days prior to the regular municipal election,
the Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further
amendment or rejection of the proposed amendments or revisions by the City Commission, the Charter
Review Committee shall be automatically dissolved.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
CHARTER COMPARATIVE TABLE
This table shows the location of the sections of the basic Charter and the special acts amending
the Charter.
Chapter Section Section
this Charter
57-1126 1—183 1—183
59-1052 2
61-1861 6
82
61-1862 5
65-1248 80
67-1086 33
86-416 1 82
86-461 1 2(b)
CHARTER COMPARATIVE TABLE - ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance
Number
Adoption
Date Section Section
this Charter
5-75-3 12-22-75 3 7
33-77-4 6-13-77 I 79
II 80
III 81
IV 85
40-79-8 6-11-79 A 109
5-82-8 4-26-82 1 32
2 34
5-83-9 11-14-83 1 7
5-83-12 2-13-84 1 Art. VII(note)
4-86-3 1-26-87 1 Art. XIV(note)
28-91-1 10-28-91 1 5
28-92-4 8-24-92 1 5
28-93-3 8-23-93 1 Rpld 1—6,
8—16,
24—31,
78,
81—99,
109,
158,
160—183
Added 1—80
28-96-4 1-13-97 3 2
90-06-194 8-14-06 1 59
33-07-12 10- 2-07 1 5
33-07-13 10- 2-07 1 14, 39, 40, 41, 43
33-10-17 6-28-10 1 14, 36, 39—41, 43
33-15-19 5-11-15 1(Exh. A) Rpld 1—80
Added 1—54,
56—81
33-17-22 10-23-17 2 40, 41
33-17-23 11-13-17 1(Exh. A) 14
39—41
WHERE TO GET ASSISTANCE
City of Atlantic Beach
Donna L. Bartle, CMC
City Clerk
Phone: (904) 247-5809
Fax : (904) 247-5846
E-mail: dbartle@coab.us
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
Web: www.coab.us
Duval County Supervisor of Elections
Lana Self
Candidate Services Director
Phone: (904) 630-8010
Email: lanas@coj.net
105 East Monroe Street (Map)
Jacksonville, FL 32202
Phone: (904) 630-1414
Fax: (904) 630-2920
Web: www.duvalelections.com
Department of State
Division of Elections
Room 316, R.A. Gray Building,
500 Bronough Street, Tallahassee, Fl.
Tallahassee, FL 32399-0250
Main Line: (850) 245-6200
Fax Number: (850) 245-6217
Email: DivElections@dos.state.fl.us
Web: https://dos.myflorida.com/elections/
FLORIDA COMMISSION ON
ETHICS
GUIDE
to the
SUNSHINE AMENDMENT
and
CODE of ETHICS
for Public Officers and Employees
_____________________________2020
State of Florida
COMMISSION ON ETHICS
Kimberly Bonder Rezanka, Chair
Cocoa
Daniel Brady, PH.D., Vice Chair
Miami Shores
Jason David Berger
Palm City
Antonio Carvajal
Tallahassee
Glenton “Glen” Gilzean, JR.
Orlando
John Grant
Tampa
Joanne Leznoff
Fernandina Beach
F. Shields McManus
Stuart
William “Willie” N. Meggs
Tallahassee
C. Christopher Anderson
Executive Director
P.O. Drawer 15709
Tallahassee, FL 32317‐5709
www.ethics.state.fl.us
(850) 488‐7864*
*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 ..................................................................................................................... 2
A. PROHIBITED ACTIONS OR CONDUCT .................................................................................. 3
1. Solicitation or Acceptance of Gifts .................................................................................. 3
2. Unauthorized Compensation .......................................................................................... 3
3. Misuse of Public Position ................................................................................................ 4
4. Disclosure or Use of Certain Information........................................................................ 4
5. Solicitation or Acceptance of Honoraria ......................................................................... 4
B. PROHIBITED EMPLOYMENT AND .. BUSINESS RELATIONSHIPS.......................................... 5
1. Doing Business With One’s Agency ................................................................................. 5
2. Conflicting Employment or Contractual Relationship ..................................................... 5
3. Exemptions ...................................................................................................................... 5
4. Additional Exemption ...................................................................................................... 6
5. Lobbying State Agencies by Legislators........................................................................... 7
6. Employees Holding Office ............................................................................................... 7
7. Professional & Occupational Licensing Board Members ................................................ 7
8. Contractual Services: Prohibited Employment ............................................................... 7
9. Local Government Attorneys .......................................................................................... 7
10. Dual Public Employment ............................................................................................... 7
C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING
WITH RELATIVES .................................................................................................................. 8
1. Anti‐Nepotism Law .......................................................................................................... 8
2. Additional Restrictions .................................................................................................... 8
D. POST OFFICEHOLDING & EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS ................................ 8
1. Lobbying By Former Legislators, Statewide Elected Officers,
and Appointed State Officers ........................................................................................... 8
2. Lobbying By Former State Employees ............................................................................. 8
3. Additional Restrictions on Former State Employees ...................................................... 9
4. Lobbying By Former Local Government Officers and Employees ................................. 10
E. VOTING CONFLICTS OF INTEREST ..................................................................................... 10
F. DISCLOSURES .................................................................................................................... 11
1. Form 1 ‐ Limited Financial Disclosure ........................................................................... 11
2. Form 1F ‐ Final Form 1................................................................................................... 14
3. Form 2 ‐ Quarterly Client Disclosure ............................................................................. 15
4. Form 6 ‐ Full and Public Disclosure ............................................................................... 15
5. Form 6F ‐ Final Form 6................................................................................................... 16
6. Form 9 ‐ Quarterly Gift Disclosure ................................................................................ 16
7. Form 10 ‐ Annual Disclosure of Gifts from Governmental Entities and
Direct Support Organizations and Honorarium Event‐Related Expenses ..................... 16
8. Form 30 ‐ Donor’s Quarterly Gift Disclosure ................................................................. 17
9. Forms 1X and 6X – Amendments .................................................................................. 18
IV. AVAILABILITY OF FORMS ........................................................................................................ 18
V. PENALTIES.......................................................................................................................... 19
A. For Violations of the Code of Ethics .................................................................................. 19
B. For Violations by Candidates ............................................................................................. 19
C. For Violations by Former Officers and Employees ............................................................ 19
D. For Lobbyists and Others ................................................................................................... 19
E. Felony Convictions: Forfeiture of Retirement Benefits ..................................................... 20
F. Automatic Penalties for Failure to File Annual Disclosure ................................................. 20
VI. ADVISORY OPINIONS .............................................................................................................. 20
A. Who Can Request an Opinion ............................................................................................ 20
B. How to Request an Opinion ............................................................................................... 20
C. How to Obtain Published Opinions .................................................................................... 21
VII. COMPLAINTS .......................................................................................................................... 21
A. Citizen Involvement ........................................................................................................... 21
B. Referrals ............................................................................................................................. 21
C. Confidentiality .................................................................................................................... 21
D. How the Complaint Process Works ................................................................................... 22
E. Dismissal of Complaint at Any Stage of Disposition .......................................................... 23
F. Statute of Limitations ......................................................................................................... 23
VIII. EXECUTIVE BRANCH LOBBYING ............................................................................................. 23
IX. WHISTLE‐BLOWER’S ACT ....................................................................................................... 24
X. ADDITIONAL INFORMATION ............................................................................................. 24
XI. ONLINE TRAINING ............................................................................................................. 25
1
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 citizens to protect the public trust against abuse. Our state Constitution
was revised in 1968 to require a code of ethics, prescribed by law, for all state employees and non‐
judicial officers prohibiting conflict between public duty and private interests.
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 is found in Chapter 112 (Part III) 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 be lobbyists, or 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.
In 2018, Florida’s Constitutional Revision Commission proposed, and the voters adopted, changes
to Article II, Section 8. The earliest of the changes will take effect December 31, 2020, and will prohibit
officials from abusing their position to obtain a disproportionate benefit for themselves or their
spouse, child, or employer, or for a business with which the official contracts or is an officer, partner,
director, sole proprietor, or in which the official owns an interest. Other changes made to the
Constitution place restrictions on lobbying by certain officeholders and employees, and put additional
limits on lobbying by former public officers and employees. These changes will become effective
December 31, 2022.
2
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; and,
• Administers automatic fines for public officers and employees who fail to timely file required annual
financial disclosure.
III. 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 have been simplified in an effort to provide notice of their requirements. Therefore, we
suggest that you also review the wording of the actual law. Citations to the appropriate laws are 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 Qualifications Commission.
Public Service Commission (PSC) members and employees, as well as members of the PSC
Nominating Council, are subject to additional ethics standards that are enforced by the Commission
on Ethics under Chapter 350, Florida Statutes. Further, members of the governing boards of charter
schools are subject to some of the provisions of the Code of Ethics [Sec. 1002.33(26), Fla. Stat.], 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. [Sec. 112.3136, Fla.
Stat.].
3
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.]
Persons required to file financial disclosure FORM 1 or FORM 6 (see Part III F of this brochure), and
state procurement employees, are prohibited from soliciting any gift from a political committee,
lobbyist who has lobbied the official or his or her agency within the past 12 months, or the partner,
firm, employer, or principal of such a lobbyist or from a vendor doing business with the official’s
agency. [Sec. 112.3148, Fla. Stat.]
Persons required to file FORM 1 or FORM 6, and state procurement employees are prohibited from
directly or indirectly accepting a gift worth more than $100 from such a lobbyist, from a partner, firm,
employer, or principal of the lobbyist, or from a political committee or vendor doing business with
their agency. [Sec.112.3148, Fla. Stat.]
However, notwithstanding Sec. 112.3148, Fla. Stat., no Executive Branch lobbyist or principal shall
make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or FORM 6 shall
knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec.
112.3215, Fla. Stat.] Typically, this would include gifts valued at less than $100 that formerly were
permitted under Section 112.3148, Fla. Stat. Similar rules apply to members and employees of the
Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla.
Stat.]
Also, persons required to file Form 1 or Form 6, and state procurement employees and members
of their immediate families, are prohibited from accepting any gift from a political committee. [Sec.
112.31485, Fla. Stat.]
2. Unauthorized Compensation
Public 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.]
4
3. Misuse of Public Position
Public officers and employees, and local government attorneys are prohibited from corruptly using
or attempting to use their official positions or the resources thereof to obtain a special privilege or
benefit for themselves or others. [Sec. 112.313(6), Fla. Stat.]
4. Disclosure or Use of Certain Information
Public 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 position, for the
personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.]
5. Solicitation or Acceptance of Honoraria
Persons required to file financial disclosure FORM 1 or FORM 6 (see Part III F of this brochure), and
state procurement employees, are prohibited from soliciting honoraria related to their public offices
or duties. [Sec. 112.3149, Fla. Stat.]
Persons required to file FORM 1 or FORM 6, and state procurement employees, are prohibited from
knowingly accepting an honorarium from a political committee, lobbyist who has lobbied the person’s
agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist, or
from a vendor doing business with the official’s agency. However, they 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. [Sec. 112.3149, Fla. Stat.]
Lobbyists and their partners, firms, employers, and principals, as well as political committees and
vendors, are prohibited from giving an honorarium to persons required to file FORM 1 or FORM 6 and
to state procurement employees. Violations of this law may result in fines of up to $5,000 and
prohibitions against lobbying for up to two years. [Sec. 112.3149, Fla. Stat.]
However, notwithstanding Sec. 112.3149, Fla. Stat., no Executive Branch or legislative lobbyist or
principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1
or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of
lobbying. [Sec. 112.3215, Fla. Stat.] This may include honorarium event related expenses that formerly
were permitted under Sec. 112.3149, Fla. Stat. Similar rules apply to members and employees of the
Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla.
Stat.]
5
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 or his or her spouse or child owns 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 the official’s private
interests and public duties or which will impede the full and faithful discharge of the official’s 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) and (b), Fla. Stat.]
3. Exemptions—Pursuant to Sec. 112.313(12), Fla. Stat., 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 neither the official nor his
or her spouse or child have 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.
6
(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.
4. Additional Exemptions
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.]
7
5. Legislators Lobbying State Agencies
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 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 branch 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.]
10. Dual Public Employment
Candidates and elected officers are prohibited from accepting public employment if they know or
should know it is being offered for the purpose of influence. Further, public employment may not be
accepted unless the position was already in existence or was created without the anticipation of the
official’s interest, was publicly advertised, and the officer had to meet the same qualifications and go
through the same hiring process as other applicants. For elected public officers already holding public
8
employment, no promotion given for the purpose of influence may be accepted, nor may promotions
that are inconsistent with those given other similarly situated employees. [Sec. 112.3125, 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
Sec. 1012.23, Fla. Stat.), community colleges and state universities, or to appointments of boards,
other than those with land‐planning or zoning responsibilities, in municipalities of fewer than 35,000
residents. 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, firefighting, or
police service providers. [Sec. 112.3135, Fla. Stat.]
2. Additional Restrictions
A state employee of the executive or judicial branch 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, or his or her spouse, or 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. Former members
of the Legislature are also prohibited for two years from lobbying the executive branch. [Art. II, Sec.
8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.]
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
9
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 Service and
Selected Exempt Service, as well as any person employed by the Department 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 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, or the House Minority Party Office; the Chancellor and Vice‐Chancellors
of the State University System; the general counsel to the Board 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 a defined employee of the State University System or the Public Service
Commission 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 received 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
10
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.]
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
State public officers are prohibited from voting in an official capacity on any measure which they know
would inure to their own special private gain or loss. A state public officer who abstains, or who votes on a
measure 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 or sibling of a corporate principal by which he or
she is retained, of a relative, or of a business associate, must make every reasonable effort to file a
memorandum of voting conflict with the recording secretary in advance of the vote. If that is not possible,
it must be filed within 15 days after the vote occurs. The memorandum must disclose the nature of the
officer’s interest in the matter.
No 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 or sibling 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 when voting in that capacity.
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No 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 or sibling 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 next meeting.
If the conflict is unknown or not disclosed prior to the meeting, the appointed official must orally
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 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 that 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).
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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 judicial nominating commission members;
directors of Enterprise Florida, Scripps Florida Funding Corporation, and CareerSource Florida, and
members of the Council on the Social Status of Black Men and Boys; the Executive Director, governors,
and senior managers of Citizens Property Insurance Corporation; governors and senior managers of
Florida Workers’ Compensation Joint Underwriting Association, board members of the Northeast
Florida Regional Transportation Commission, and members of the board of Triumph Gulf Coast, Inc.;
members of the board of Florida is for Veterans, Inc.; and members of the Technology Advisory Council
within the Agency for State Technology.
3) The Commissioner of Education, members of the State Board of Education, the Board of Governors,
local boards of trustees and presidents of state universities, and members of the Florida Prepaid College
Board.
LOCAL OFFICERS include:
1) Persons elected to office in any political subdivision (such as municipalities, counties, and special
districts) and any person appointed to fill a vacancy in such office, unless required to file full disclosure
on Form 6.
2) Appointed members of the following boards, councils, commissions, authorities, or other bodies of
any county, municipality, school district, independent special district, or other political subdivision: the
governing body of the subdivision; a community college or junior college district board of trustees; a
board having the power to enforce local code provisions; a planning or zoning board, board of
adjustments or appeals, community redevelopment agency board, or other board having the power to
recommend, create, or modify land planning or zoning within the political subdivision, except for citizen
advisory committees, technical coordinating committees, and similar groups who only have the power to
make recommendations to planning or zoning boards, except for representatives of a military installation
acting on behalf of all military installations within that jurisdiction; a pension board or retirement board
empowered to invest pension or retirement funds or to determine entitlement to or amount of a pension
or other retirement benefit.
3) Any other appointed member of a local government board who is required to file a statement of
financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating
the board.
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4)Persons holding any of these positions in local government: mayor; county or city manager; chief
administrative employee or finance director of a county, municipality, or other political subdivision;
county or municipal attorney; chief county or municipal building inspector; county or municipal water
resources coordinator; county or municipal pollution control director; county or municipal environmental
control director; county or municipal administrator with power to grant or deny a land development
permit; chief of police; fire chief; municipal clerk; appointed district school superintendent;
community college president; district medical examiner; purchasing agent (regardless of title) having
the authority to make any purchase exceeding $35,000 for the local governmental unit.
5)Members of governing boards of charter schools operated by a city or other public entity.
6)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, Fla. Stat.]
SPECIFIED STATE EMPLOYEE includes:
1)Employees in the Office of the Governor or of a Cabinet member who are exempt from the Career
Service System, excluding secretarial, clerical, and similar positions.
2)The following positions in each state department, commission, board, or council: secretary or state
surgeon general, assistant or deputy secretary, executive director, assistant or deputy executive
director, and anyone having the power normally conferred upon such persons, regardless of title.
3)The following positions in each state department or division: director, assistant or deputy director,
bureau chief, assistant bureau chief, and any person having the power normally conferred upon such
persons, regardless of title.
4) Assistant state attorneys, assistant public defenders, criminal conflict and civil regional counsel,
assistant criminal conflict and civil regional counsel, public counsel, full‐time state employees serving
as counsel or assistant counsel to a state agency, judges of compensation claims, administrative law
judges, and hearing officers.
5)The superintendent or director of a state mental health institute established for training and
research in the mental health field, or any major state institution or facility established for corrections,
training, treatment, or rehabilitation.
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6)State agency business managers, finance and accounting directors, personnel officers, grant
coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding
$35,000.
7)The following positions in legislative branch agencies: each employee (other than those employed
in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the
presiding officer of their house); and each employee of the Commission on Ethics.
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.
15
3. FORM 2 ‐ Quarterly Client Disclosure
The state officers, local officers, and specified state employees 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:
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 include 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 (pursuant to Sec. 440.442,
Fla. Stat.); members of the Florida Housing Finance Corporation Board and members of expressway
authorities, transportation authorities (except the Jacksonville Transportation Authority), bridge
authority, or toll authorities created pursuant to Ch. 348 or 343, or 349, or other general law.
16
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 Public Disclosure
This 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 ‐ Quarterly 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 more than $100, other than gifts
from relatives, gifts prohibited from being accepted, gifts primarily 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 Agencies and Direct‐Support Organizations and
Honorarium Event Related Expenses
State government entities, airport authorities, counties, municipalities, school boards, water
management districts, and the South Florida Regional Transportation Authority, may give a gift worth
more than $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
17
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.
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 Sec. 112.3149, Fla. Stat., no executive branch or legislative lobbyist or
principal shall make, directly or indirectly, and no executive branch agency 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 or honorarium event related expenses that formerly were
permitted under Sections 112.3148 and 112.3149. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply
to legislative officials and employees. However, these laws are not administered by the Commission
on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts, which include anything not primarily related to
political activities authorized under ch. 106, are prohibited from political committees. [Sec. 112.31485
Fla. Stat.]
8. FORM 30 ‐ Donor’s Quarterly Gift Disclosure
As mentioned above, the following persons and entities generally are prohibited from giving a gift
worth more than $100 to a reporting individual (a person required to file FORM 1 or FORM 6) or to a state
procurement employee: a political committee; a lobbyist who lobbies the reporting individual’s or
procurement employee’s agency, and the partner, firm, employer, or principal of such a lobbyist; and
vendors. 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
18
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. [See page 35 for address.] 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 lobbyist or principal shall
make, directly or indirectly, and no executive branch agency 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.]
Similar prohibitions apply to legislative officials and employees. However, these laws are not administered
by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts from political committees are
prohibited. [Sec. 112.31485, Fla. Stat.]
9. FORM 1X AND FORM 6X ‐ Amendments to Form 1 and Form 6
These forms are provided for officers or employees 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 heads of their agencies for copies
of the form or download it from www.ethics.state.fl.us, 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 form or download it from www.ethics.state.fl.us, as
should those persons who are required to file their final disclosure statements within 60 days of leaving
office or employment.
19
Any person needing one or more of the other forms described here may also obtain them 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.ethics.state.fl.us.
V. PENALTIES
A. Non‐criminal Penalties for Violation of the Sunshine Amendment and the Code of Ethics
There are no criminal penalties for violation of the Sunshine Amendment and the Code of Ethics.
Penalties for violation of these 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, and triple the value of a gift from a political committee.
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, and triple the value of a gift
received from a political committee.
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, and triple the value of a gift received from a political committee.
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 two 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 two years. Any agent or person
20
acting on behalf of a political committee giving a prohibited gift is personally liable for a civil penalty of up
to triple the value of the gift.
Executive Branch lobbying firms that fail to timely file their quarterly compensation reports may be fined
$50 per day per report 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. 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
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; however, the request and all information pertaining to it is a
21
public record, made available to the Commission and to members of the public in advance of the
Commission’s consideration of the question.
C. How to Obtain Published Opinions
All of the Commission’s opinions are available for viewing or download at its website:
www.ethics.state.fl.us.
VII. COMPLAINTS
A. Citizen Involvement
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, or a referral is received, as discussed below.
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 and available for download at
www.ethics.state.fl.us. The Commission is unable to take action based on learning of such misdeeds
through newspaper reports, telephone calls, or letters.
You can obtain a complaint form (FORM 50), by contacting the Commission office at the address
or phone number shown on the inside front cover of this booklet, or you can download it from the
Commission’s website:
www.ethics.state.fl.us.
B. Referrals
The Commission may accept referrals from: the Governor, the Florida Department of Law
Enforcement, a State Attorney, or a U.S. Attorney. A vote of six of the Commission’s nine members is
required to proceed on such a referral.
C. Confidentiality
The complaint or referral, as well as all proceedings and records relating thereto, is confidential
until the accused requests that such records be made public or until the matter 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 Commission is not free to release any
22
documents or to comment on a complaint or referral to members of the public or press, so long as the
complaint or referral remains in a confidential stage.
A COMPLAINT OR REFERRAL MAY NOT BE FILED WITH RESPECT TO A CANDIDATE ON THE DAY OF THE
ELECTION, OR WITHIN THE 30 CALENDAR DAYS PRECEDING THE ELECTION DATE, UNLESS IT IS BASED
ON PERSONAL INFORMATION OR INFORMATION OTHER THAN HEARSAY.
D. How the Complaint Process Works
Complaints which allege a matter within the Commission’s jurisdiction are assigned a tracking
number and Commission staff forwards a copy of the original sworn complaint to the accused within
five working days of its receipt. Any subsequent sworn amendments to the complaint also are
transmitted within five working days of their receipt.
Once a complaint is filed, it goes through three procedural stages 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.
In cases of very minor financial disclosure violations, the official will be allowed an opportunity to
correct or amend his or her disclosure form. Otherwise, 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 as to 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
23
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 voluntarily within 30 days.
E. 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(12), Fla. Stat.]
F. Statute of Limitations
All sworn complaints alleging a violation of the Sunshine Amendment or the Code of Ethics must be
filed with the Commission within five 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. [Sec. 112.3231, 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.
[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.]
24
Online registration and filing is available at www.floridalobbyist.gov. 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. Since then, the Legislature has revised
this law to afford greater protection to these employees.
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. 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 at www.ethics.state.fl.us.
If you are a public officer or employee concerned about your obligations under these laws, 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.
25
XI. TRAINING
Constitutional officers, elected municipal officers, and commissioners of community
redevelopment agencies (CRAs) are required to receive a total of four hours training, per calendar
year, in the area of ethics, public records, and open meetings. The Commission on Ethics does not
track compliance or certify providers.
Visit the training page on the Commission’s website for up‐to‐date rules, opinions, audio/video
training, and opportunities for live training conducted by Commission staff. A comprehensive online
training course addressing Florida’s Code of Ethics, as well as Sunshine Law, and Public Records Act is
available via a link on the Commission’s homepage.
4/22/2020 7:36 PM 08-IIa- Detailed Election Calendar 2020 Page 1 of 4
CITY OF ATLANTIC BEACH
MUNICIPAL ELECTION
GENERAL ELECTION - NOVEMBER 3, 2020
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 deputy
treasurers) 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.
ELECTION CALENDAR
Date Subject Reference Comments
2019 December 10
Tuesday
Treasurer’s Report (2019– M11) due
no later than 5:00 PM for filed
candidates
for period 11/1/19 – 11/30/19
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- January 10
Friday
Treasurer’s Report (2019– M12) due
no later than 5:00 PM for filed
candidates
for period 12/1/19 – 12/31/19
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- February 10
Monday
Treasurer’s Report (2020-M1) due
no later than 5:00 PM for filed
candidates
for period 1/1/20 – 1/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- March 10
Tuesday
Treasurer’s Report (2020– M2) due
no later than 5:00 PM for filed
candidates
for period 2/1/20 – 2/29/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- April 10
Friday
Treasurer’s Report (2020– M3) due
no later than 5:00 PM for filed
candidates
for period 3/1/20 – 3/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- May 11
Monday
Treasurer’s Report (2020– M4) due
no later than 5:00 PM for filed
candidates
for period 4/1/20– 4/30/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
4/22/2020 7:36 PM 08-IIa- Detailed Election Calendar 2020 Page 2 of 4
2020- June 10
Wednesday
Treasurer’s Report (2020– M5) due
no later than 5:00 PM for filed
candidates
for period 5/1/20– 5/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- July 10
Friday
Treasurer’s Report (2020– M6) due
no later than 5:00 PM for filed
candidates
for period 6/1/20 – 6/30/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- July 15
Wednesday
First day Petitions and Nominations
can be circulated
Charter Sec. 39
40 days prior to the 1st
day of qualifying
2020- July 24
Friday
Deadline to submit resignation letter
for any current Commissioner (whose
seat is not expiring on November 9,
2020) wishing to run for Mayor
Code Sec. 2-21
At least 30 days prior
to 1st day of qualifying
2020- August 10
Monday
Treasurer’s Report (2020– M7) due
no later than 5:00 PM for filed
candidates
for period 7/1/20 – 7/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- August 14
Friday
5:00 pm - Deadline to file petitions
with City Clerk Charter Sec. 39
No later than 10 days
prior to the qualifying
period
2020- August 24
Monday
12:00 Noon - Opening for filing
qualifying documents Charter Sec. 39
Noon on 71st day
(Monday) prior to the
General Election
2020- August 28
Friday 12:00 Noon – Qualifying period closes Charter
Sec. 39
Noon on 67th day
(Friday) prior to the
General Election
2020- September 10
Thursday
Treasurer’s Report (2020– M8) due
no later than 5:00 PM
(This does not apply to unopposed
candidates)
for period 8/1/120 – 8/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- September 19
Friday
Overseas/ Military Absentees go out
for General Election F.S. 101.62 No fewer than 45 days
2020- September 24
through October 1
Thursdays
Domestic Absentees go out for
General Election F.S. 101.62 (Between 33 – 40
days)
2020- October 5
Monday
Books Close to register to vote for
General Election F.S. 97.055
29 days prior to the
Election except on
legal holidays
4/22/2020 7:36 PM 08-IIa- Detailed Election Calendar 2020 Page 3 of 4
2020- October 5
Tuesday
12:00 Noon - Deadline to submit
names of poll watchers for Early
Voting
F.S.101.131(2)
At least 14 days prior
to early voting
2020- October 9
Friday
Treasurer’s Report (2020-G1) due
no later than 5:00 PM
(This does not apply to unopposed
candidates)
for period 9/1/20– 10/2/20
F.S. 106.07(1)
25th day before the
general election
2020- October 12
Monday
Last day for SOE to approve Poll
watchers for Early Voting F.S. 101.131 (2)
No later than 7 days
before early voting
begins
2020- October 19
Monday
Early Voting Begins for General
Election 101.657(1)(d) 15 days before the
election
2020- October 20
Tuesday
12:00 Noon - Deadline to submit
names of poll watchers for General
Election
F.S.101.131(2)
2nd Tues. prior to
election
2020- October 23
Friday
Treasurer’s Report (2020-G2) due no
later than 5:00 p.m.
(This does not apply to unopposed
candidates)
(Period: 10/3/20 - 10/16/20)
F. S. 106.07(1)
11th day prior to the
General Election
2020- October 27
Tuesday
Last day for SOE to approve Poll
watchers for Election Day F.S. 101.131 (2) Tuesday prior to
election
2020- October 24
Saturday
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) 10 day before the
election
2020- October 26
Monday
Last Date for Supervisor of Elections
to mail absentee ballots for General
Election
F.S. 101.62 (2) 8 days before the
election
2020- October 29
Thursday
12:00 Midnight – Deadline for
candidates to accept contributions for
Nov. 3 General Election
F.S. 106.08(3)(a) On the 5th day prior to
the General Election
2020- October 30
Friday
Treasurer’s Report (2020-G3) due
no later than 5:00 p.m. (This does not
apply to unopposed candidates)
(Period: 10/17/20- 10/29/20
F. S. 106.07(1)
4 days prior to
General Election
2020- November 1
Sunday
Early Voting Ends for General
Election 101.657(1)(d) 2nd day before the
election
4/22/2020 7:36 PM 08-IIa- Detailed Election Calendar 2020 Page 4 of 4
2020- November 3
Tuesday
GENERAL ELECTION
Polls open 7:00 AM, close 7:00 PM Charter Sec. 41
every even-numbered
year on the same day
as Florida's General
Election
2020- November 3
Tuesday
Canvassing of ballots begins at the
close of the polls. Charter Sec. 43
The canvassing board
shall submit to the
Supervisor of
Elections the
preliminary returns by
11:59 pm on election
night.
2020- November 4
Wednesday
Registration books reopen following
General Election F.S. 97.055 (1)(a) Day after the
election
2020- November 7
Saturday
First unofficial results of General
Election due at Noon. FS 102.141(5)
First unofficial results
due – no later than
noon on the 4th day
after general
TENTATIVE
depending on status
of results.
2020- November 9
Monday
6:30 PM- Commission seat becomes
vacant (provided that SOE has
certified results)
6:30 PM - City Commission meeting -
Oath of office administered to New
Commission (provided that SOE has
certified results)
Charter Sec. 14
2nd Monday in
November provided
that the Supervisor of
Elections has certified
the election results.
2020 November 30
Monday
ANY UNOPPOSED CANDIDATE
needs to file final Treasurer’s Report
(U-TR) by 5:00 PM
F.S. 106.07(c)
90 days after
becoming
unopposed,
after qualifying
2021- February 1
Monday
90-day disposition of funds report
(G-TR) due no later than 5:00 PM for
candidates elected or defeated on
Nov. 3, 2020
F.S. 106.141(1)
90 days from election
Forms are available in the office of the City Clerk or may be downloaded from the Florida Division of
Elections website at http://elections.myflorida.com by clicking on forms.
CALENDAR OF REPORTING DATE
FOR 2020 ATLANTIC BEACH CANDIDATES
Please Note: Late filing will result in fines. Refer to 106.07(8)(a) for language regarding fines for late
filing.
Date Subject Reference Comments
2019 December 10
Tuesday
Treasurer’s Report (2019– M11) due
no later than 5:00 PM for filed
candidates
for period 11/1/19 – 11/30/19
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- January 10
Friday
Treasurer’s Report (2019– M12) due
no later than 5:00 PM for filed
candidates
for period 12/1/19 – 12/31/19
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- February 10
Monday
Treasurer’s Report (2020-M1) due
no later than 5:00 PM for filed
candidates
for period 1/1/20 – 1/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- March 10
Tuesday
Treasurer’s Report (2020– M2) due
no later than 5:00 PM for filed
candidates
for period 2/1/20 – 2/29/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- April 10
Friday
Treasurer’s Report (2020– M3) due
no later than 5:00 PM for filed
candidates
for period 3/1/20 – 3/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- May 11
Monday
Treasurer’s Report (2020– M4) due
no later than 5:00 PM for filed
candidates
for period 4/1/20– 4/30/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- June 10
Wednesday
Treasurer’s Report (2020– M5) due
no later than 5:00 PM for filed
candidates
for period 5/1/20– 5/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- July 10
Friday
Treasurer’s Report (2020– M6) due
no later than 5:00 PM for filed
candidates
for period 6/1/20 – 6/30/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- August 10
Monday
Treasurer’s Report (2020– M7) due
no later than 5:00 PM for filed
candidates
for period 7/1/20 – 7/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- September 10
Thursday
Treasurer’s Report (2020– M8) due
no later than 5:00 PM
(This does not apply to unopposed
candidates)
for period 8/1/120 – 8/31/20
F.S. 106.07(1)
10th day following the
end of each calendar
month from the time
the Campaign
Treasurer is
appointed…
2020- October 9
Friday
Treasurer’s Report (2020-G1) due
no later than 5:00 PM
(This does not apply to unopposed
candidates)
for period 9/1/20– 10/2/20
F.S. 106.07(1) 25th day before the
general election
2020- October 23
Friday
Treasurer’s Report (2020-G2) due
no later than 5:00 p.m.
(This does not apply to unopposed
candidates)
(Period: 10/3/20 - 10/16/20)
F. S. 106.07(1)
11th day prior to the
General Election
2020- October 30
Friday
Treasurer’s Report (2020-G3) due
no later than 5:00 p.m. (This does not
apply to unopposed candidates)
(Period: 10/17/20- 10/29/20
F. S. 106.07(1)
4 days prior to
General Election
2020 November 30
Monday
ANY UNOPPOSED CANDIDATE
needs to file final Treasurer’s
Report (U-TR) by 5:00 PM
F.S. 106.07(c)
90 days after
becoming
unopposed,
after qualifying
2021 February 1
Monday
90-day disposition of funds report
(G-TR) due no later than 5:00 PM
for candidates elected or defeated on
Nov. 3, 2020
F.S. 106.141(1)
90 days from election
Forms are available in the office of the City Clerk or may be downloaded from the Florida Division of
Elections website at http://elections.myflorida.com by clicking on forms.
CITY OF ATLANTIC BEACH
MEMORANDUM
TO: POTENTIAL CANDIDATES FOR 2020 MUNICIPAL ELECTION
FROM: DONNA L. BARTLE, CITY CLERK
SUBJECT: NOTICE OF STATEMENT OF CANDIDATE
Florida Statute Section 106.023, provides that each candidate must file a
*statement (Form DS-DE 84) with the qualifying officer (City Clerk) within ten
days after he/she files his/her Appointment of Campaign Treasurer and
Designation of Campaign Depository for Candidates (Form DS-DE9), stating that
the candidate has read and understands the requirements of F.S. Chapter 106.
Willful failure to file this form is a violation of F.S. Sections 106.19(1)(c) and
106.25(3).
*Note: Both the Statement of Candidate Form (DS-DE 84) and F.S. Chapter 106
are provided in the Candidate Notebook. F.S. Chapter 106 is included in the
handout titled: The Florida Election Code - Chapters 97-106, Florida Statutes -
August 2019 - Florida Department of State.
The Florida
Election Code
Chapters 97 –106, Florida Statutes
August 2019
Florida Department of State
The following 2019 legislative updates are included within the Florida Election Code:
Chapter 2019-162, Laws of Florida (Committee Substitute for Senate Bill 7066)
Election Administration; Requiring the Secretary of State to provide signature matching training to
certain persons; revising the voter threshold necessary to require the reporting of certain precinct-level
results by ballot; requiring the supervisor of elections of the county in which an ineligible voter is
registered to notify the voter of instructions for seeking restoration of voting rights pursuant to s. 4, Art.
VI of the State Constitution, in addition to restoration of civil rights pursuant to s. 8, Art. IV of the State
Constitution; requiring the supervisor of elections to make a final determination of whether a person
who has been convicted of a felony offense is eligible to register to vote, including if he or she has
completed all the terms of his or her sentence, etc.
Chapter 2019-64, Laws of Florida (Committee Substitute for Committee Substitute for House Bill No. 5)
Ballot Measures ; Providing that a referendum to adopt or amend a local discretionary sales surtax
must be held at a general election; requiring the Office of Program Policy Analysis and Government
Accountability, upon receiving a certain notice, to procure a certified public accountant for a
performance audit; requiring a supervisor of elections to verify petition signatures and retain signature
forms in a specified manner; providing that an initiative sponsor's failure to comply with the specified
requirements renders any referendum held void; requiring a paid petition circulator to register with the
Secretary of State and provide certain information; prohibiting compensation for initiative petition
circulators based on the number of petition forms gathered; providing penalties for failure to register as
a petition circulator, etc.
Chapter 2019-55, Laws of Florida (Committee Substitute House Bill 281)
Pub. Rec./Voters and Voter Registration; Providing an exemption from public records requirements for
information related to a voter registration applicant's or voter's prior felony conviction and his or her
restoration of voting rights; providing an exemption from public records requirements for information
concerning preregistered voter registration applicants who are minors; providing for future legislative
review and repeal; providing for retroactive application; providing statements of public necessity, etc.
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. 97.032-97.105)
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 through 102 and 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.
(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
National 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
National Voter Registration Act of 1993.
(10) Coordinate with the United States Department of
Defense 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 vote-by-mail ballot proce-
dures 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 through 102 and 105 or to enforce
compliance 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.
1
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2019
(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 through
102 and 105 or the rules of the Department of State
adopted under any of those chapters.
(15) Conduct preliminary investigations into any
irregularities 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.
(16) Provide written direction and opinions to the
supervisors of elections on the performance of their
official duties with respect to the Florida Election Code
or rules adopted by the Department of State.
(17) Provide formal signature matching training to
supervisors of elections and county canvassing board
members.
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; s. 1, ch. 2008-95; s. 1, ch. 2011-40;
s. 1, ch. 2016-37; s. 1, ch. 2019-162.
97.021 Definitions.—For the purposes of this
code, except where the context clearly indicates other-
wise, the term:
(1) “Absent elector” means any registered and
qualified voter who casts a vote-by-mail 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) “Address of legal residence” means the legal
residential address of the elector and includes all
information necessary to differentiate one residence
from another, including, but not limited to, a distinguish-
ing apartment, suite, lot, room, or dormitory room
number or other identifier.
(4) “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.
(5) “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,
containing the names of candidates, or a statement of
proposed constitutional amendments or other questions
or 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 electro-
nically designating, including by touchscreen, or mark-
ing with a marking device for tabulation by automatic
tabulating equipment or data processing equipment.
(6) “Candidate” means any person to whom any one
or more of the following applies:
(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 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.
(7) “Department” means the Department of State.
(8) “Division” means the Division of Elections of the
Department of State.
(9) “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.
(10) “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.
(11) “Early voting site” means those locations spec-
ified in s. 101.657 and the building in which early voting
occurs.
(12) “Election” means any primary election, special
primary election, special election, general election, or
presidential preference primary election.
(13) “Election board” means the clerk and inspectors
appointed to conduct an election.
(14) “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 vote-by-mail 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 vote-by-mail ballot preparation,
poll workers, and election night canvass.
2
F.S. 2019 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
(15) “Elector” is synonymous with the word “voter” or
“qualified elector or voter,” except where the word is
used to describe presidential electors.
(16) “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.
(17) “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.
(18) “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.
(19) “Minor political party” is any group as specified in
s. 103.095 which on January 1 preceding a primary
election does not have registered as members 5 percent
of the total registered electors of the state.
(20) “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.
(21) “Nominal value” means having a retail value of
$10 or less.
(22) “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.
(23) “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.
(24) “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.
(25) “Overvote” means that the elector marks or
designates more names than there are persons to be
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.
(26) “Persons with disabilities” means individuals
who have a physical or mental impairment that sub-
stantially limits one or more major life activities.
1(27) “Petition circulator” means an entity or individ-
ual who collects signatures for compensation for the
purpose of qualifying a proposed constitutional amend-
ment for ballot placement.
(28) “Polling place” is the building which contains the
polling room where ballots are cast.
(29) “Polling room” means the actual room in which
ballots are cast on election day and during early voting.
(30) “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.
(31) “Provisional ballot” means a conditional ballot,
the validity of which is determined by the canvassing
board.
(32) “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.
(33) “Public office” means any federal, state, county,
municipal, school, or other district office or position
which is filled by vote of the electors.
(34) “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.
(35) “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.
(36) “Special primary election” is a special nomina-
tion election designated by the Governor, called for the
purpose of nominating a party nominee to be voted on in
a general or special election.
(37) “Supervisor” means the supervisor of elections.
(38) “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 (l).
(39) “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 include:
3
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2019
(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.
(40) “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.
(41) “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.
(42) “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. A voter interface device may not
be used to tabulate votes. Any vote tabulation must be
based upon a subsequent scan of the marked mark-
sense ballot or the voter-verifiable paper output after the
voter interface device process has been completed.
(43) “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.
(44) “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.
(45) “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.
(46) “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, 1939; 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; s. 2, ch. 2011-40; s. 1, ch. 2016-23; s. 2, ch. 2016-37;
s. 2, ch. 2019-64; s. 2, ch. 2019-162.
1Note.—Section 6, ch. 2019-64, provides that “[t]he provisions of this act apply to
all revisions or amendments to the State Constitution by initiative that are proposed
for the 2020 election ballot and each ballot thereafter; provided, however, that
nothing in this act affects the validity of any petition form gathered before the
effective date of this act or any contract entered into before the effective date of this
act.”
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
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
4
F.S. 2019 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
violation occurred within 120 days before the date of an Act of 2002 and does not give rise to any other cause of
election. action.
History.—s. 4, ch. 94-224; s. 1383, ch. 95-147. (f) The department may consolidate complaints
filed under this section.
97.025 Election Code; copies thereof.—A
pamphlet of a reprint of the Election Code, adequately
indexed, shall be prepared by the Department of State.
The pamphlet shall be made available to each candi-
date who qualifies with the department. The pamphlet
shall be made available to each supervisor, prior to the
first day of qualifying, so that each candidate who
qualifies with the supervisor and each clerk of elections
have access to the pamphlet. The cost of making the
pamphlets available shall be paid out of funds appro-
priated 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; s. 3, ch. 2011-40.
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 vote-by-
mail ballots as alternative formats for such ballots
become available and the Division of Elections is able
to certify systems that provide them. Whenever possi-
ble, such forms, with the exception of vote-by-mail
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; s. 24, ch. 2012-116; s. 3, ch.
2016-37.
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
(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,
within 10 days after receipt of the complaint, file with the
department a written, 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
5
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2019
subparagraph (a)5. The record created under this
section shall be made available for use in the mediation.
History.—s. 5, ch. 2003-415.
PART II
FLORIDA VOTER REGISTRATION ACT
97.032 Short title.
97.041 Qualifications to register or vote.
97.051 Oath upon registering.
97.052 Uniform statewide voter registration appli-
cation.
97.0525 Online voter registration.
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.
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.
6
F.S. 2019 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
(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.
(e) E-mail address and whether the applicant
wishes to receive sample ballots by e-mail.
(f) County of legal residence.
(g) 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.
(h) State or country of birth.
(i) Sex.
(j) Party affiliation.
(k) Whether the applicant needs assistance in
voting.
(l) Name and address where last registered.
(m) Last four digits of the applicant’s social security
number.
(n) Florida driver license number or the identification
number from a Florida identification card issued under s.
322.051.
(o) An indication, if applicable, that the applicant has
not been issued a Florida driver license, a Florida
identification card, or a social security number.
(p) Telephone number (optional).
(q) 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.
(r) Whether the application is being used for initial
registration, to update a voter registration record, or to
request a replacement voter information card.
(s) 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.
(t)1. Whether the applicant has never been convicted
of a felony by including the statement “I affirm I have
never been convicted of a felony.” and providing a box
for the applicant to check to affirm the statement.
2. Whether the applicant has been convicted of a
felony, and if convicted, has had his or her civil rights
restored through executive clemency, by including the
statement “If I have been convicted of a felony, I affirm
my voting rights have been restored by the Board of
Executive Clemency.” and providing a box for the
applicant to check to affirm the statement.
3. Whether the applicant has been convicted of a
felony and, if convicted, has had his or her voting rights
restored pursuant s. 4, Art. VI of the State Constitution,
by including the statement “If I have been convicted of a
felony, I affirm my voting rights have been restored
pursuant to s. 4, Art. VI of the State Constitution upon
the completion of all terms of my sentence, including
parole or probation.” and providing a box for the
applicant to check to affirm the statement.
(u) 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 “I 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 persons who have
been adjudicated mentally incapacitated are not re-
quired to reveal their prior 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.
(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 applicant 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 license, a Florida identifica-
tion 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
7
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2019
opportunity 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. 98-129; ss. 1, 7, ch. 2002-189; s. 3, ch. 2003-415; s. 4, ch.
2005-277; s. 5, ch. 2005-278; s. 1, ch. 2013-192; s. 21, ch. 2019-162.
Note.—Former s. 97.05; s. 98.111.
97.0525 Online voter registration.—
(1) Beginning October 1, 2017, an applicant may
submit an online voter registration application using the
procedures set forth in this section.
(2) The division shall establish a secure Internet
website that safeguards an applicant’s information to
ensure data integrity and permits an applicant to:
(a) Submit a voter registration application, including
first-time voter registration applications and updates to
current voter registration records.
(b) Submit information necessary to establish an
applicant’s eligibility to vote, pursuant to s. 97.041,
which includes the information required for the uniform
statewide voter registration application pursuant to s.
97.052(2).
(c) Swear to the oath required pursuant to s.
97.051.
(3)(a) The online voter registration system shall
comply with the information technology security provi-
sions of s. 282.318 and shall use a unique identifier for
each applicant to prevent unauthorized persons from
altering a voter’s registration information.
(b) The division shall conduct a comprehensive risk
assessment of the online voter registration system
before making the system publicly available and every
2 years thereafter. The comprehensive risk assessment
must comply with the risk assessment methodology
developed by the Department of Management Services
for identifying security risks, determining the magnitude
of such risks, and identifying areas that require safe-
guards.
(4)(a) The online voter registration system shall
compare the Florida driver license number or Florida
identification number submitted pursuant to s.
97.052(2)(n) with information maintained by the Depart-
ment of Highway Safety and Motor Vehicles to confirm
that the name and date of birth on the application are
consistent with the records of the Department of High-
way Safety and Motor Vehicles.
(b) If the applicant’s name and date of birth are
consistent with the records of the Department of High-
way Safety and Motor Vehicles, the online voter
registration system shall transmit, using the statewide
voter registration system maintained pursuant to s.
98.035, the applicant’s registration application, along
with the digital signature of the applicant on file with the
Department of Highway Safety and Motor Vehicles, to
the supervisor of elections. The applicant’s digital
signature satisfies the signature requirement of s.
97.052(2)(q).
(c) If the applicant’s name and date of birth cannot
be verified by the records of the Department of Highway
Safety and Motor Vehicles, or if the applicant indicated
that he or she has not been issued a Florida driver
license or Florida identification card, the online voter
registration system shall populate the applicant’s in-
formation into a printable voter registration application
pursuant to s. 97.052(2) and direct the applicant to print,
sign, and date the application and deliver the application
to the supervisor of elections for disposition pursuant to
s. 97.073.
(5) Upon submission of a completed online voter
registration application, the website must generate an
immediate electronic confirmation that the supervisor of
elections has received the application and provide
instructions regarding the ability of a registrant to
check the status of the application thereafter.
(6) Except as otherwise provided in this section, the
supervisor of elections shall process the application
pursuant to s. 97.053.
(7) The online voter registration system must con-
form to nationally accepted standards for accessibility
for individuals with disabilities, including s. 508 of the
Rehabilitation Act of 1973, s. 255 of the Telecommu-
nications Act of 1996, and the Web Content Accessi-
bility Guidelines of the World Wide Web Consortium, to
ensure equal access for voters with disabilities.
(8) A legal distinction may not be made between
online voter registration under this section and voter
registration in person, by mail, or by other methods
provided by general law.
History.—s. 1, ch. 2015-36; s. 15, ch. 2019-118.
97.053 Acceptance of voter registration applica-
tions.—
(1) Voter registration applications, changes in re-
gistration, and requests for a replacement voter infor-
mation card must be accepted in the office of any
supervisor, 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
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
8
F.S. 2019 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
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 address of legal residence,
including a distinguishing apartment, suite, lot, room,
or dormitory room number or other identifier, if appro-
priate. Failure to include a distinguishing apartment,
suite, lot, room, or dormitory room or other identifier on a
voter registration application does not impact a voter’s
eligibility to register to vote or cast a ballot, and such an
omission may not serve as the basis for a challenge to a
voter’s eligibility or reason to not count a ballot.
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
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 Florida driver 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 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 applicable checkbox affirming that
the applicant has not been convicted of a felony or that,
if convicted, has had his or her civil rights restored
through executive clemency, or has had his or her
voting rights restored pursuant 1to s. 4, Art. VI of the
State Constitution.
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
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 license
number, 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 license number, the Florida identification card
number, or the last four digits of the social security
number 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 license number, Florida identification
card number, or last four digits of the social security
number. 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 license number, Florida identification card num-
ber, 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; s. 2, ch.
2016-23; s. 22, ch. 2019-162.
1Note.—The word “to” was inserted by the editors.
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 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
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.
9
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2019
(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.
8. Veteran health identification card issued by the
United States Department of Veterans Affairs.
9. A license to carry a concealed weapon or firearm
issued pursuant to s. 790.06.
10. Employee identification card issued by any
branch, department, agency, or entity of the Federal
Government, the state, a county, or a municipality.
(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; s. 1, ch.
2016-167.
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.
(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
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; s. 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 United
States Merchant Marine, has returned from a military
deployment or activation, or has separated from em-
ployment 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 evidence of qualifying for late
registration pursuant to this section.
History.—s. 47, ch. 2001-40; s. 1, ch. 2002-17; s. 25, ch. 2012-116; s. 1, ch.
2013-57.
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 license;
(b) Apply for or renew an identification card pur-
suant to chapter 322; or
(c) Change an address on an existing driver 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 license or identification card application, renewal,
or change of address can be automatically transferred
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 will remain confidential and may be
used only for voter registration purposes.
(b) Require a driver license examiner to inquire
orally or, if the applicant is hearing impaired, inquire in
writing whether the applicant wishes to register to vote
10
F.S. 2019 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
or update a voter registration record during the comple-
tion of a driver 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 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 license renewal
extension application authorized pursuant to s.
322.18(8), a uniform statewide voter registration appli-
cation, the voter registration application prescribed
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 prefer-
ence 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 in-
formation 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
address of legal residence 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 Depart-
ment of Highway 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
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; s. 3, ch.
2016-23.
97.0575 Third-party voter registrations.—
(1) Before engaging in any voter registration activ-
ities, a third-party voter registration organization must
register and provide to the division, in an electronic
format, the following information:
11
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2019
(a) The names of the officers of the organization
and the name and permanent address of the organiza-
tion.
(b) The name and address of the organization’s
registered agent in the state.
(c) The names, permanent addresses, and tempor-
ary addresses, if any, of each registration agent
registering persons to vote in this state on behalf of
the organization.
(d) A sworn statement from each registration agent
employed by or volunteering for the organization stating
that the agent will obey all state laws and rules regarding
the registration of voters. Such statement must be on a
form containing notice of applicable penalties for false
registration.
(2) The division or the supervisor of elections shall
make voter registration forms available to third-party
voter registration organizations. All such forms must
contain information identifying the organization to which
the forms are provided. The division shall maintain a
database of all third-party voter registration organiza-
tions and the voter registration forms assigned to the
third-party voter registration organization. Each super-
visor of elections shall provide to the division information
on voter registration forms assigned to and received
from third-party voter registration organizations. The
information must be provided in a format and at times as
required by the division by rule. The division must
update information on third-party voter registrations
daily and make the information publicly available.
(3)(a) 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 organization,
irrespective of party affiliation, race, ethnicity, or gender,
shall be promptly delivered to the division or the
supervisor of elections within 48 hours after the
applicant completes it or the next business day if the
appropriate office is closed for that 48-hour period. 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 is liable for the following
fines:
1. A fine in the amount of $50 for each application
received by the division or the supervisor of elections
more than 48 hours 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 or the next business
day, if the office is closed. A fine in the amount of $250
for each application received if the third-party voter
registration organization or person, entity, or agency
acting on its behalf acted willfully.
2. 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,
before book closing for any given election for federal or
state office and received by the division or the super-
visor 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
organization or person, entity, or agency acting on its
behalf acted willfully.
3. 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 voter regis-
tration organization or person, entity, or agency acting
on its behalf acted willfully.
The aggregate fine pursuant to this paragraph which
may be assessed against a third-party voter registration
organization, including affiliate organizations, for viola-
tions committed in a calendar year is $1,000.
(b) A showing by the third-party voter registration
organization that the failure to deliver the voter registra-
tion application within the required timeframe is based
upon force majeure or impossibility of performance shall
be an affirmative defense to a violation of this subsec-
tion. The secretary may 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) If the Secretary of State reasonably believes that
a person has committed a violation of this section, the
secretary may refer the matter to the Attorney General
for enforcement. The Attorney General may institute a
civil action for a violation of this section or to prevent a
violation of this section. An action for relief may include
a permanent or temporary injunction, a restraining
order, or any other appropriate order.
(5) 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 to vote by a third-party voter registration
organization but who does not appear as an active voter
on the voter registration rolls. The division shall also
adopt rules to ensure the integrity of the registration
process, including rules requiring third-party voter
registration organizations to account for all state and
federal registration forms used by their registration
agents. Such rules may require an organization to
provide organization and form specific identification
information on each form as determined by the depart-
ment as needed to assist in the accounting of state and
federal registration forms.
(6) 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.
(7) The requirements of this section are retroactive
for any third-party voter registration organization regis-
tered with the department on the effective date of this
act, and must be complied with within 90 days after the
department provides notice to the third-party voter
registration organization of the requirements contained
in this section. Failure of the third-party voter registra-
tion organization to comply with the requirements within
90 days after receipt of the notice shall automatically
result in the cancellation of the third-party voter
registration organization’s registration.
History.—s. 7, ch. 2005-277; s. 2, ch. 2007-30; s. 4, ch. 2011-40.
12
F.S. 2019 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
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
services 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.”
(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
procedures 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 prefer-
ence 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
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 in-
formation 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
13
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2019
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, and obtained for the purpose of
voter registration 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 license num-
ber, and Florida identification number of a voter
registration applicant or voter.
(d) Information related to a voter registration appli-
cant’s or voter’s prior felony conviction and whether
such person has had his or her voting rights restored by
the Board of Executive Clemency or pursuant to s. 4,
Art. VI of the State Constitution.
(e) All information concerning preregistered voter
registration applicants who are 16 or 17 years of age.
(f) Paragraphs (d) and (e) are subject to the Open
Government Sunset Review Act in accordance with s.
119.15 and shall stand repealed on October 2, 2024,
unless reviewed and saved from repeal through re-
enactment by the Legislature.
(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.
(3) This section applies to information held by an
agency before, on, or after the effective date of this
exemption.
History.—ss. 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; s. 11, ch. 2013-15; s. 1, ch. 2015-78; s. 1, ch.
2019-55.
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.
(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; s. 26, ch.
2012-116.
Note.—Former ss. 97.06 and 102.21.
97.071 Voter information card.—
(1) A voter information card shall be furnished by
the supervisor to all registered voters residing in the
supervisor’s county. The card must contain:
(a) Voter’s registration number.
(b) Date of registration.
(c) Full name.
(d) Party affiliation.
(e) Date of birth.
(f) Address of legal residence.
(g) Precinct number.
(h) Polling place address.
(i) Name of supervisor and contact information of
supervisor.
(j) Other information deemed necessary by the
supervisor.
(2) A voter may receive a replacement voter in-
formation 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 of
legal residence, polling place address, or party affilia-
tion, 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; s. 5, ch.
2011-40.
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 within 5 business days after voter registration
information is entered into the statewide voter registra-
tion system. 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
14
F.S. 2019 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
voter information card sent to an applicant constitutes
notice of approval of registration. If the application is
incomplete, 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
registration application that indicates that the applicant
was previously registered in another state, the depart-
ment 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; s. 7, ch.
2011-40.
97.1031 Notice of change of residence, change
of name, or change of party affiliation.—
(1)(a) When an elector changes his or her residence
address, the elector must notify the supervisor of
elections. Except as provided in paragraph (b), an
address change must be submitted using a voter
registration application.
(b) If the address change is within the state and
notice is provided to the supervisor of elections of the
county where the elector has moved, the elector may do
so by:
1. Contacting the supervisor of elections via tele-
phone or electronic means, in which case the elector
must provide his or her date of birth; or
2. Submitting the change on a voter registration
application or other signed written notice.
(2) When an elector seeks to change party affilia-
tion, the elector shall notify his or her supervisor of
elections or other voter registration official by using a
signed written notice that contains the elector’s date of
birth or voter registration number. When an elector
changes his or her name by marriage or other legal
process, the elector shall notify his or her supervisor of
elections or other voter registration official by using a
signed written notice that contains the elector’s date of
birth or voter’s registration number.
(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; s. 8, ch. 2011-40.
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 in 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.
15
Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2019
CHAPTER 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES
98.015 Supervisor of elections; election, tenure of
office, compensation, custody of registra-
tion-related documents, office hours, suc-
cessor, seal; appointment of deputy
supervisors; duties.
98.035 Statewide voter registration system; imple-
mentation, operation, and maintenance.
98.045 Administration of voter registration.
98.065 Registration list maintenance programs.
98.0655 Registration list maintenance forms.
98.075 Registration records maintenance activities;
ineligibility determinations.
98.0751 Restoration of voting rights; termination of
ineligibility subsequent to a felony convic-
tion.
98.0755 Appeal of determination of ineligibility.
98.077 Update of voter signature.
98.081 Names removed from the statewide voter
registration system; restrictions on rere-
gistering; recordkeeping; restoration of
erroneously or illegally removed names.
98.093 Duty of officials to furnish information relat-
ing to deceased persons, persons adjudi-
cated mentally incapacitated, and persons
convicted of a felony.
98.0981 Reports; voting history; statewide voter re-
gistration system information; precinct-
level election results; book closing statis-
tics.
98.212 Department and supervisors to furnish sta-
tistical and other information.
98.255 Voter education programs.
98.461 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
holidays, 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 super-
visor’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
available to any individual, group, center for indepen-
dent 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-
istering 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. To the maximum extent practicable, the list shall
include information necessary to differentiate one
residence from another, including, but not limited to, a
distinguishing apartment, suite, lot, room, or dormitory
room number or other identifier. If a voter registration
application does not include information necessary to
16
F.S. 2019 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
differentiate one residence from another, the supervisor
shall make all reasonable efforts to obtain such
information in order to maintain the list of valid
residential street addresses. The supervisor shall
make all reasonable efforts to coordinate with county
911 service providers, property 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,
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; s. 4, ch. 2016-23.
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,
operating, and maintaining, in a uniform and nondiscri-
minatory 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
registration 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 voting 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.
(i) The applicant has provided a driver 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.
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Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2019
(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; s. 23, ch. 2019-162.
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
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
registration 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 a vote-by-mail ballot, or appear-
ing to vote. However, if the voter does not update his or
her voter registration information, request a vote-by-
mail ballot, or vote by the second general election after
being placed on 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.
(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; s. 4, ch. 2016-37.
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
18
F.S. 2019 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
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.
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.—
(a) The department shall identify those voters who
are registered more than once or those applicants
whose registration applications within the state would
result in duplicate registrations. The most recent
application shall be deemed an update to the voter
registration record.
(b)1. The department may become a member of a
nongovernmental entity whose sole purpose is to share
and exchange information in order to verify voter
registration information. The membership of the non-
governmental entity must be composed solely of elec-
tion officials of state governments, except that such
membership may also include election officials of the
District of Columbia. If the department intends to
become a member of such a nongovernmental entity,
the agreement to join the entity must require that the
Secretary of State, or his or her designee, serve as a full
member with voting rights on the nongovernmental
entity’s board of directors within 12 months after joining
the entity.
2. The department may share confidential and
exempt information after becoming a member of a
nongovernmental entity as provided in subparagraph 1.
if:
a. Each member of the nongovernmental entity
agrees to maintain the confidentiality of such informa-
tion as required by the laws of the jurisdiction providing
the information; or
b. The bylaws of the nongovernmental entity
require member jurisdictions and the entity to maintain
the confidentiality of information as required by the laws
of the jurisdiction providing the information.
3. The department may only become a member of
a nongovernmental entity as provided in subparagraph
1. if the entity is controlled and operated by the
participating jurisdictions. The entity may not be oper-
ated or controlled by the Federal Government or any
other entity acting on behalf of the Federal Government.
The department must be able to withdraw at any time
from any such membership entered into.
4. If the department becomes a member of a
nongovernmental entity as provided in subparagraph
1., the Department of Highway Safety and Motor
Vehicles must, pursuant to a written agreement with
the department, provide driver license or identification
card information to the department for the purpose of
sharing and exchanging voter registration information
with the nongovernmental entity.
5. If the department becomes a member of a
nongovernmental entity as provided in subparagraph
1., the department must submit a report to the Gover-
nor, the President of the Senate, and the Speaker of the
House of Representatives by December 1 of each year.
The report must describe the terms of the nongovern-
mental entity membership and provide information on
the total number of voters removed from the voter
registration system as a result of the membership and
the reasons for their removal.
(c) Information received by the department from
another state or the District of Columbia upon the
department becoming a member of a nongovernmental
entity as provided in subparagraph (b)1., which is
confidential or exempt pursuant to the laws of that
state or the District of Columbia, is exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution.
The department shall provide such information to the
supervisors to conduct registration list maintenance
activities. This paragraph is subject to the Open
Government Sunset Review Act in accordance with s.
119.15 and shall stand repealed on October 2, 2023,
unless reviewed and saved from repeal through re-
enactment by the Legislature.
(3) DECEASED PERSONS.—
(a)1. The department shall identify those registered
voters who are deceased by comparing information
received from either:
a. The Department of Health as provided in s.
98.093; or
b. The United States Social Security Administra-
tion, including, but not limited to, any master death file or
index compiled by the United States Social Security
Administration.
2. Within 7 days after receipt of such information
through the statewide voter registration system, the
supervisor shall remove the name of the registered
voter.
(b) The supervisor shall remove the name of a
deceased registered voter from the statewide voter
registration system upon receipt of a copy of a death
certificate issued by a governmental agency authorized
to issue death certificates.
(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
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Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2019
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 voting 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.
(6) OTHER BASES FOR INELIGIBILITY.—If the
department or supervisor receives information from
sources other than those identified in subsections (2)-
(5) that a registered voter is ineligible because he or she
is deceased, adjudicated a convicted felon without
having had his or her voting rights restored, adjudicated
mentally incapacitated without having had his or her
voting rights restored, 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 must
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 docu-
mentation upon which the potential ineligibility is based.
Such documentation must include any conviction from
another jurisdiction determined to be a similar offense to
murder or a felony sexual offense, as those terms are
defined in s. 98.0751.
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
pursuant to s. 8, Art. IV of the State Constitution and
information explaining voting rights restoration pursuant
to s. 4, Art. VI of the State Constitution 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
supervisor 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
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
20
F.S. 2019 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
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
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; s. 9, ch.
2011-40; s. 1, ch. 2018-32; s. 1, ch. 2018-33; s. 24, ch. 2019-162.
98.0751 Restoration of voting rights; termina-
tion of ineligibility subsequent to a felony convic-
tion.—
(1) A person who has been disqualified from voting
based on a felony conviction for an offense other than
murder or a felony sexual offense must have such
disqualification terminated and his or her voting rights
restored pursuant to s. 4, Art. VI of the State
Constitution upon the completion of all terms of his or
her sentence, including parole or probation. The voting
disqualification does not terminate unless a person’s
civil rights are restored pursuant to s. 8, Art. IV of the
State Constitution if the disqualification arises from a
felony conviction of murder or a felony sexual offense,
or if the person has not completed all terms of sentence,
as specified in subsection (2).
(2) For purposes of this section, the term:
(a) “Completion of all terms of sentence” means any
portion of a sentence that is contained in the four
corners of the sentencing document, including, but not
limited to:
1. Release from any term of imprisonment ordered
by the court as a part of the sentence;
2. Termination from any term of probation or
community control ordered by the court as a part of
the sentence;
3. Fulfillment of any term ordered by the court as a
part of the sentence;
4. Termination from any term of any supervision,
which is monitored by the Florida Commission on
Offender Review, including, but not limited to, parole;
and
5.a. Full payment of restitution ordered to a victim by
the court as a part of the sentence. A victim includes, but
is not limited to, a person or persons, the estate or
estates thereof, an entity, the state, or the Federal
Government.
b. Full payment of fines or fees ordered by the court
as a part of the sentence or that are ordered by the court
as a condition of any form of supervision, including, but
not limited to, probation, community control, or parole.
c. The financial obligations required under sub-
subparagraph a. or sub-subparagraph b. include only
the amount specifically ordered by the court as part of
the sentence and do not include any fines, fees, or costs
that accrue after the date the obligation is ordered as a
part of the sentence.
d. For the limited purpose of addressing a plea for
relief pursuant to sub-subparagraph e. and notwith-
standing any other statute, rule, or provision of law, a
court may not be prohibited from modifying the financial
obligations of an original sentence required under sub-
subparagraph a. or sub-subparagraph b. Such mod-
ification shall not infringe on a defendant’s or a victim’s
rights provided in the United States Constitution or the
State Constitution.
e. Financial obligations required under sub-sub-
paragraph a. or sub-subparagraph b. are considered
completed in the following manner or in any combination
thereof:
(I) Actual payment of the obligation in full.
(II) Upon the payee’s approval, either through
appearance in open court or through the production of
a notarized consent by the payee, the termination by the
court of any financial obligation to a payee, including,
but not limited to, a victim, or the court.
(III) Completion of all community service hours, if the
court, unless otherwise prohibited by law or the State
Constitution, converts the financial obligation to com-
munity service.
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Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2019
A term required to be completed in accordance with this
paragraph shall be deemed completed if the court
modifies the original sentencing order to no longer
require completion of such term. The requirement to pay
any financial obligation specified in this paragraph is not
deemed completed upon conversion to a civil lien.
(b) “Felony sexual offense” means any of the
following:
1. Any felony offense that serves as a predicate to
registration as a sexual offender in accordance with s.
943.0435;
2. Section 491.0112;
3. Section 784.049(3)(b);
4. Section 794.08;
5. Section 796.08;
6. Section 800.101;
7. Section 826.04;
8. Section 847.012;
9. Section 872.06(2);
10. Section 944.35(3)(b)2.;
11. Section 951.221(1); or
12. Any similar offense committed in another jur-
isdiction which would be an offense listed in this
paragraph if it had been committed in violation of the
laws of this state.
(c) “Murder” means either of the following:
1. A violation of any of the following sections which
results in the actual killing of a human being:
a. Section 775.33(4).
b. Section 782.04(1), (2), or (3).
c. Section 782.09.
2. Any similar offense committed in another jur-
isdiction which would be an offense listed in this
paragraph if it had been committed in violation of the
laws of this state.
(3)(a) The department shall obtain and review in-
formation pursuant to s. 98.075(5) related to a person
who registers to vote and make an initial determination
on whether such information is credible and reliable
regarding whether the person is eligible pursuant to s. 4,
Art. VI of the State Constitution and this section. Upon
making an initial determination of the credibility and
reliability of such information, the department shall
forward such information to the supervisor of elections
pursuant to s. 98.075.
(b) A local supervisor of elections shall verify and
make a final determination pursuant to s. 98.075
regarding whether the person who registers to vote is
eligible pursuant to s. 4, Art. VI of the State Constitution
and this section.
(c) The supervisor of elections may request addi-
tional assistance from the department in making the
final determination, if necessary.
(4) For the purpose of determining a voter regis-
trant’s eligibility, the provisions of this section shall be
strictly construed. If a provision is susceptible to
differing interpretations, it shall be construed in favor
of the registrant.
History.—s. 25, ch. 2019-162.
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) Except as authorized in ss. 101.048 and 101.68:
(a) All signature updates for use in verifying vote-by-
mail and provisional ballots must be received by the
appropriate supervisor before the elector’s ballot is
received by the supervisor or, in the case of provisional
ballots, before the elector’s ballot is cast.
(b) The signature on file at the time the vote-by-mail
ballot is received or at the time the provisional ballot is
cast is the signature that shall be used in verifying the
signature on the vote-by-mail and provisional ballot
certificates, respectively.
History.—s. 8, ch. 2002-189; s. 10, ch. 2005-277; s. 22, ch. 2005-278; s. 8, ch.
2006-1; s. 5, ch. 2016-37; s. 3, ch. 2019-162.
98.081 Names removed from the statewide voter
registration system; restrictions on reregistering;
recordkeeping; restoration of erroneously or illeg-
ally removed names.—
(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
22
F.S. 2019 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
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
erroneously or illegally removed from the statewide
voter registration system, the name of the elector shall
be restored by a voter registration official upon satis-
factory 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 information
relating to deceased persons, persons adjudicated
mentally incapacitated, and persons convicted of a
felony.—
(1) In order to identify ineligible registered voters
and maintain accurate and current voter registration
records in the statewide voter registration system
pursuant to procedures in s. 98.065 or s. 98.075, it is
necessary for the department and supervisors of
elections to receive or access certain information from
state and federal officials and entities in the format
prescribed.
(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
indicating a change of address. Each list shall include
the name, address, date of birth, race, sex, and,
whichever is available, the Florida driver license num-
ber, 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 Florida Commission on Offender Review
shall furnish at least bimonthly to the department data,
including the identity of those persons granted clem-
ency in the preceding month or any updates to prior
records which have occurred in the preceding month.
The data shall contain the commission’s case number
and the person’s name, address, date of birth, race,
gender, Florida driver license number, Florida identifi-
cation card number, or the last four digits of the social
security number, if available, and references to record
identifiers assigned by the Department of Corrections
and the Department of Law Enforcement, a unique
identifier of each clemency case, and the effective date
of clemency of each person.
(f) The Department of Corrections shall identify
those persons who have been convicted of a felony and
committed to its custody or placed on community
supervision. The information must be provided to the
department at a time and in a manner that enables the
department to identify registered voters who are con-
victed felons and to meet its obligations under state and
federal law.
(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 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 license number of each such
person.
(3) This section does not limit or restrict the super-
visor 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; s. 10, ch. 2011-40; s. 4, ch. 2012-5; s. 6,
ch. 2014-191.
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 30 days after certification by the Elections
Canvassing Commission of a presidential preference
primary, special election, primary election, or general
election, supervisors of elections shall transmit to the
department, in a uniform electronic format specified in
paragraph (d), completely updated voting history in-
formation 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:
23
Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2019
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 vote-by-mail ballot, attempted to vote by vote-
by-mail ballot that was not counted, attempted to vote by
provisional ballot that was not counted, or did not vote.
(c) Within 45 days after certification by the Elections
Canvassing Commission of a presidential preference
primary, special election, primary election, or general
election, the department shall send to the President of
the Senate, the Speaker of the House of Representa-
tives, the Senate Minority Leader, and the House
Minority Leader a report in electronic format that
includes all information set forth in paragraph (b).
(d) File specifications are as follows:
1. The file shall contain records designated by the
categories below for all qualified voters who, regardless
of the voter’s county of residence or active or inactive
registration status at the book closing for the corre-
sponding election that the file is being created for:
a. Voted a regular ballot at a precinct location.
b. Voted at a precinct location using a provisional
ballot that was subsequently counted.
c. Voted a regular ballot during the early voting
period.
d. Voted during the early voting period using a
provisional ballot that was subsequently counted.
e. Voted by vote-by-mail ballot.
f. Attempted to vote by vote-by-mail ballot, but the
ballot was not counted.
g. Attempted to vote by provisional ballot, but the
ballot was not counted in that election.
2. Each file shall be created or converted into a tab-
delimited format.
3. File names shall adhere to the following con-
vention:
a. Three-character county identifier as established
by the department followed by an underscore.
b. Followed by four-character file type identifier of
“VHO3” followed by an underscore.
c. Followed by FVRS election ID followed by an
underscore.
d. Followed by Date Created followed by an under-
score.
e. Date format is YYYYMMDD.
f. Followed by Time Created - HHMMSS.
g. Followed by “.txt”.
4. Each record shall contain the following columns:
Record Identifier, FVRS Voter ID Number, FVRS
Election ID Number, Vote Date, Vote History Code,
Precinct, Congressional District, House District, Senate
District, County Commission District, and School Board
District.
(e) Each supervisor of elections shall reconcile,
before submission, the aggregate total of ballots cast
in each precinct as reported in the precinct-level election
results to the aggregate total number of voters with voter
history for the election for each district.
(f) Each supervisor of elections shall submit the
results of the data reconciliation as described in
paragraph (e) to the department in an electronic format
and give a written explanation for any precincts where
the reconciliation as described in paragraph (e) results
in a discrepancy between the voter history and the
election results.
(2) PRECINCT-LEVEL ELECTION RESULTS.—
(a) Within 30 days after certification by the Elections
Canvassing Commission of a presidential preference
primary election, special election, primary election, or
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 paragraph (c). 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 specifically include for each precinct the
total of all ballots cast for each candidate or nominee to
fill a national, state, county, or district office or proposed
constitutional amendment, with subtotals for each
candidate and ballot type, unless fewer than 30 voters
voted a ballot type. “All ballots cast” means ballots cast
by voters who cast a ballot whether at a precinct
location, by vote-by-mail ballot including overseas
vote-by-mail ballots, during the early voting period, or
by provisional ballot.
(b) The department shall make such information
available on a searchable, sortable, and downloadable
database via its website that also includes the file layout
and codes. The database shall be searchable and
sortable by county, precinct, and candidate. The
database shall be downloadable in a tab-delimited
format. The database shall be available for download
county-by-county and also as a statewide file. Such
report shall also be made available upon request.
(c) The files containing the precinct-level election
results shall be created in accordance with the applic-
able file specification:
1. The precinct-level results file shall be created or
converted into a tab-delimited text file.
2. The row immediately before the first data record
shall contain the column names of the data elements
that make up the data records. There shall be one
header record followed by multiple data records.
3. The data records shall include the following
columns: County Name, Election Number, Election
Date, Unique Precinct Identifier, Precinct Polling Loca-
tion, Total Registered Voters, Total Registered Repub-
licans, Total Registered Democrats, Total Registered
All Other Parties, Contest Name, Candidate/Retention/
Issue Name, Candidate Florida Voter Registration
System ID Number, Division of Elections Unique
Candidate Identifying Number, Candidate Party,
24
F.S. 2019 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
District, Undervote Total, Overvote Total, Write-in Total,
and Vote Total.
(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).
(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; s. 11, ch.
2011-40; s. 6, ch. 2016-37; s. 4, ch. 2019-162.
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, by mail 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; s. 7, ch. 2016-37.
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
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.
25
Ch. 99 CANDIDATES F.S. 2019
CHAPTER 99
CANDIDATES
99.012 Restrictions on individuals qualifying for
public office.
99.021 Form of candidate oath.
99.061 Method of qualifying for nomination or
election to federal, state, county, or
district office.
99.063 Candidates for Governor and Lieutenant
Governor.
99.081 United States Senators elected in general
election.
99.091 Representatives to Congress.
99.092 Qualifying fee of candidate; notification of
Department of State.
99.093 Municipal candidates; election assess-
ment.
99.095 Petition process in lieu of a qualifying fee
and party assessment.
99.0955 Candidates with no party affiliation; name
on general election ballot.
99.096 Minor political party candidates; names on
ballot.
99.09651 Signature requirements for ballot position in
year of apportionment.
99.097 Verification of signatures on petitions.
99.103 Department of State to remit part of filing
fees and party assessments of candi-
dates to state executive committee.
99.121 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.
(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) Any officer who qualifies for federal public
office must resign from the office he or she presently
holds if the terms, or any part thereof, run concurrently
with each other.
(b) The resignation is irrevocable.
(c) The resignation must be submitted at least 10
days before the first day of qualifying for the office he or
she intends to seek.
(d) The written 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
shall 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
shall submit his or her resignation to the officer or
26
F.S. 2019 CANDIDATES Ch. 99
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 shall submit their resignations
to the Governor with a copy to the Department of State.
(f)1. The failure of an officer who qualifies for federal
public office to submit a resignation pursuant to this
subsection constitutes an automatic irrevocable resig-
nation, effective immediately, from the office he or she
presently holds.
2. The Department of State shall send a notice of
the automatic resignation to the Governor, and in the
case of a district, county, or municipal officer, a copy to:
a. The officer before whom he or she qualified if the
officer held an elective office; or
b. The officer or authority who appointed him or her
if the officer held an appointive office.
(g) Notwithstanding the provisions of any special act
to the contrary, with regard to an elective office, the
resignation creates a vacancy in office to be filled by
election, thereby authorizing persons to qualify as
candidates for nomination and election as if the officer’s
term were otherwise scheduled to expire. 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.
(5) 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.
(6) If an order of a court that has become final
determines that a person did not comply with this
section, the person shall not be qualified as a candidate
for election and his or her name may not appear on the
ballot.
(7) This section does not apply to:
(a) Political party offices.
(b) Persons serving without salary as members of
an appointive board or authority.
(8) Subsections (3) and (4) do not apply to persons
holding any federal office. Subsection (4) does not apply
to an elected officer if the term of the office that he or she
presently holds is scheduled to expire and be filled by
election in the same primary and general election period
as the federal office he or she is seeking.
History.—s. 1, ch. 63-269; s. 2, ch. 65-378; s. 1, ch. 70-80; s. 10, 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; s. 12, ch. 2011-40;
s. 1, ch. 2018-126.
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 copy of the oath or
affirmation shall be made available 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 (please print name as you wish it to appear on 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 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; 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; and that he or she will support
the Constitution of the United States and the Constitu-
tion of the State of Florida.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this __ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
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 copy of the oath or affirmation
shall be made available 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 (please print name as you wish it to appear on 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; 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 will support the
Constitution of the United States.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this __ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
(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 has not been a registered
member of any other political party for 365 days before
27
Ch. 99 CANDIDATES F.S. 2019
the beginning of qualifying 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.
(3) This section does not apply to a person who
seeks to qualify for election pursuant to ss. 103.021 and
103.101.
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; s. 13, ch. 2011-40.
Note.—Former ss. 102.29, 102.30.
99.061 Method of qualifying for nomination or
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
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 candi-
date for a constitutional office shall file a full and public
disclosure of financial interests pursuant to s. 8, Art. II of
the State Constitution, which must be verified under
oath or affirmation pursuant to s. 92.525(1)(a), and a
candidate for any other office, including local elective
office, shall file a statement 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.
(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 payable to the person
28
F.S. 2019 CANDIDATES Ch. 99
or entity as prescribed by the filing officer in an amount
not less than the fee required by s. 99.092, unless the
candidate obtained the required number of signatures
on petitions 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 candida-
te’s check is returned by the bank for any reason, the
filing officer shall immediately notify the candidate and
the candidate shall have until the end of qualifying 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, which must be verified under oath or
affirmation pursuant to s. 92.525(1)(a).
3. If the office sought is partisan, the written
statement of political party affiliation required by s.
99.021(1)(b).
4. The completed form for the appointment of
campaign treasurer and designation of campaign de-
pository, as required by s. 106.021.
5. The full and public disclosure or statement of
financial interests required by subsection (5). 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.
(b) If the filing officer receives qualifying papers
during the qualifying period prescribed in this section
which 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.
(c) The filing officer performs a ministerial function
in reviewing qualifying papers. In determining whether a
candidate is qualified, the filing officer shall review the
qualifying papers to determine whether all items re-
quired by paragraph (a) have been properly filed and
whether each item is complete on its face, including
whether items that must be verified have been properly
verified pursuant to s. 92.525(1)(a). The filing officer
may not determine whether the contents of the qualify-
ing papers are accurate.
(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.
(10) The Department of State may prescribe by rule
requirements for filing papers to qualify as a candidate
under this section.
(11) The decision of the filing officer concerning
whether a candidate is qualified is exempt from the
provisions of chapter 120.
History.—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. 11, 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. 6,
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; s. 14, ch. 2011-40.
Note.—Former ss. 102.32, 102.33, 102.351, 102.36, 102.66, 102.69.
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 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; and the signature
of the candidate, which must be verified under oath or
affirmation pursuant to s. 92.525(1)(a).
(b) If the office sought is partisan, the written
statement of political party affiliation required by s.
99.021(1)(b).
(c) 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.
(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; s. 15, ch. 2011-40; s. 5, ch. 2019-162.
29
Ch. 99 CANDIDATES F.S. 2019
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 transferred to the Elec-
tions Commission Trust Fund. 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, author-
ized 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 with-
draws 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 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; s. 16, ch. 2011-40.
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 Florida Elections Commission for
deposit in the Elections Commission Trust Fund.
(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; s. 17, ch. 2011-40.
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.
(d) In a year of apportionment, any candidate for
county or district office seeking ballot position by the
petition process may obtain the required number of
signatures from any registered voter in the respective
county, regardless of district boundaries. The candidate
shall obtain at least the number of signatures equal to 1
percent of the total number of registered voters, as
shown by a compilation by the department for the
immediately preceding general election, divided by the
total number of districts of the office involved.
(3) Each petition must be submitted before noon of
the 28th day preceding the first day of the qualifying
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F.S. 2019 CANDIDATES Ch. 99
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; s. 18, ch.
2011-40.
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
House 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
number 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
Senate 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
number.
(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)(a) 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:
1. A check of each petition; or
2. A check of a random sample, as provided by the
Department of State, of the petitions. The sample must
be such that a determination can be made as to whether
or not the required number of signatures has been
obtained with a reliability of at least 99.5 percent.
(b) Rules and guidelines for petition verification
shall be adopted by the Department of State. Rules
and guidelines for a random sample method of verifica-
tion 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 or if the petitions are prescribed by s. 100.371,
the use of the random sample method of verification is
not 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) If all other requirements for the petition are
met, a signature on a petition shall be verified and
counted as valid for a registered voter if, after comparing
the signature on the petition and the signature of the
registered voter in the voter registration system, the
supervisor is able to determine that the petition signer is
the same as the registered voter, even if the name on
31
Ch. 99 CANDIDATES F.S. 2019
the petition is not in substantially the same form as in the
voter registration system.
(b) 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.
(c) 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 less, 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,
or organization seeking to have an issue placed upon
the ballot cannot pay such charges without imposing an
undue 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 subpar-
agraph (1)(a)2. may be contested in the circuit court by
the candidate; an announced opponent; a representa-
tive of a designated political committee; or a person,
party, or other organization submitting the petition. The
contestant 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 petition pursuant
to subparagraph (1)(a)1. 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, 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 less.
(6)(a) If any person is paid to solicit signatures on a
petition, an undue burden oath may not subsequently be
filed in lieu of paying the fee to have signatures verified
for that petition.
(b) If an undue burden oath has been filed and
payment is subsequently made to any person to solicit
signatures on a petition, the undue burden oath is no
longer valid and a fee for all signatures previously
submitted to the supervisor of elections and any that are
submitted thereafter shall be paid by the candidate,
person, or organization that submitted the undue
burden oath. If contributions as defined in s. 106.011
are received, any monetary contributions must first be
used to reimburse the supervisor of elections for any
signature verification fees that were not paid because of
the filing of an undue burden oath.
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; s. 19, ch. 2011-40.
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 days after the close of
qualifying in even-numbered years, the Department of
State shall remit 95 percent of all filing fees, less 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 executive committee, irrespective of other require-
ments 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.
32
F.S. 2019 CANDIDATES Ch. 99
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.
33
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2019
CHAPTER 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS
100.011 Opening and closing of polls, all elections;
expenses.
100.021 Notice of general election.
100.025 Citizens residing overseas; notice of elec-
tions.
100.031 General election.
100.032 Election preparation report; general elec-
tion.
100.041 Officers chosen at general election.
100.051 Candidate’s name on general election
ballot.
100.061 Primary election.
100.081 Nomination of county commissioners at
primary election.
100.101 Special elections and special primary elec-
tions.
100.102 Cost of special elections and special pri-
mary elections to be incurred by the
state.
100.111 Filling vacancy.
100.141 Notice of special election to fill any vacancy
in office.
100.151 Special elections called by local governing
bodies, notice.
100.161 Filling vacancy of United States Senators.
100.181 Determination of person elected.
100.191 General election laws applicable to special
elections; returns.
100.201 Referendum required before issuing
bonds.
100.211 Power to call bond referendum; notice
required.
100.221 General election laws to govern bond
referenda.
100.241 Freeholder voting; election; penalties for
ineligible persons who vote as free-
holders.
100.261 Holding bond referenda with other elec-
tions.
100.271 Inspectors, clerk, duties; return and can-
vass of referendum recorded.
100.281 Approval to issue bonds.
100.291 Record results of election prima facie
evidence.
100.301 Refunding bonds excluded.
100.311 Local law governs bond election held by
municipalities.
100.321 Test suit.
100.331 Referendum for defeated bond issue.
100.341 Bond referendum ballot.
100.342 Notice of special election or referendum.
100.351 Referendum election; certificate of results
to Department of State.
100.3605 Conduct of municipal elections.
100.361 Municipal recall.
100.371 Initiatives; procedure for placement on
ballot.
100.011 Opening and closing of polls, all elec-
tions; expenses.—
(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. 189.04 and
189.041.
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; s.
56, ch. 2014-22.
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
34
F.S. 2019 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
county; and, in counties in which there is no newspaper
of general circulation, it shall send to the sheriff a notice
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 voting by mail 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; s. 8, ch. 2016-37.
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.
100.032 Election preparation report; general
election.—Each supervisor of elections must post a
report on his or her official website at least 3 months
before a general election which outlines preparations for
the upcoming general election. The report must include,
at a minimum, the following elements: the anticipated
staffing levels during the early voting period, on election
day and after election day; and the anticipated amount
of automatic tabulating equipment at each early voting
site and polling place.
History.—s. 2, ch. 2013-57.
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
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 11 weeks prior to the general
election. The candidate receiving the highest number of
35
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2019
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; s. 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;
s. 20, ch. 2011-40; s. 3, ch. 2013-57; s. 6, ch. 2019-162.
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
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.—A special election or special primary elec-
tion 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; s. 21, ch. 2011-40.
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.
(2) 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
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
36
F.S. 2019 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
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.
(3)(a) In the event that death, resignation, withdra-
wal, or removal should cause a party to have a vacancy
in nomination which leaves no candidate for an office
from such party, the filing officer before whom the
candidate qualified shall notify the chair of the state and
county political party executive committee of such party
and:
1. If the vacancy in nomination is for a statewide
office, the state party chair shall, within 5 days, call a
meeting of his or her executive board to consider
designation of a nominee to fill the vacancy.
2. If the vacancy in nomination is for the office of
United States Representative, state senator, state
representative, state attorney, or public defender, the
state party chair shall notify the appropriate county chair
or chairs and, within 5 days, the appropriate county
chair or chairs shall call a meeting of the members of the
executive committee in the affected county or counties
to consider designation of a nominee to fill the vacancy.
3. If the vacancy in nomination is for a county
office, the state party chair shall notify the appropriate
county chair and, within 5 days, the appropriate county
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 filing officer before whom the candidate
qualified 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.
(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.
(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 or who
attempted to qualify and failed to qualify is prohibited
from qualifying as a candidate to fill a vacancy in
nomination for any other office to be filled at that general
election, even if such person has withdrawn or been
eliminated 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
under s. 99.063.
(4) A vacancy in nomination is not created if an
order of a court that has become final determines that a
nominee did not properly qualify or did not meet the
necessary qualifications to hold the office for which he
or she sought to qualify.
(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
unpredictable circumstances, the Department of State
shall have the authority to provide for the conduct of
orderly 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; s. 22, ch. 2011-40.
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 dates set for 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
37
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2019
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; RGS 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 election 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.
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 cast 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
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 a freeholder election or referendum subject to
this section shall be the same as prescribed for voting in
other elections under this code, and, in addition, each
such elector shall submit a written declaration, verified
pursuant to s. 92.525, affirming 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 submits the written
declaration giving a legal description, address, or
location of property in the elector’s name which is not
wholly exempt from taxation is entitled to vote in the
election or referendum and is considered a freeholder.
(4) The actual costs of conducting a freeholder
election or referendum subject to this section shall be
paid by the county, district, or municipality requiring the
election or referendum.
(5) A person may not vote in any county, district, or
other election or referendum which is limited to a vote of
the electors who are freeholders, unless the person is a
freeholder and a qualified elector. A person who violates
this subsection commits 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; s. 1, ch. 2012-156.
Note.—Former ss. 98.03, 103.04, 103.06, 103.14.
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F.S. 2019 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
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.
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. 211/2, ch. 14715, 1931; CGL 1936 Supp. 457(19); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note.—Former s. 103.20.
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,
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Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2019
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
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.—Former s. 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,
or 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
election or referendum is to be held. If there is no
newspaper of general circulation in the county, district,
or 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
unit 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
ordinance 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
ordinance, 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
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
name 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
not 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
40
F.S. 2019 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
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
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.
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
41
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2019
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 signa-
tures, 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
determination, certify such determination to the govern-
ing 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 person) should be removed from office.”
“ (name of person) 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-large, 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.
(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 less 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
42
F.S. 2019 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
successors to fill the unexpired terms shall continue and
have the same effect as though there had been no
resignation.
(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
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
ballot.—
(1) 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.
(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.
1(3) A person may not collect signatures or initiative
petitions for compensation unless the person is regis-
tered as a petition circulator with the Secretary of State.
1(4) An application for registration must be submitted
in the format required by the Secretary of State and
must include the following:
(a) The information required to be on the petition
form under s. 101.161, including the ballot summary and
title as approved by the Secretary of State.
(b) The applicant’s name, permanent address,
temporary address, if applicable, and date of birth.
(c) An address in this state at which the applicant
will accept service of process related to disputes
concerning the petition process, if the applicant is not
a resident of this state.
(d) A statement that the applicant consents to the
jurisdiction of the courts of this state in resolving
disputes concerning the petition process.
(e) Any information required by the Secretary of
State to verify the applicant’s identity or address.
1(5) All petitions collected by a petition circulator
must contain, in a format required by the Secretary of
State, a completed Petition Circulator’s Affidavit which
includes:
(a) The circulator’s name and permanent address;
(b) The following statement, which must be signed
by the circulator:
By my signature below, as petition circulator, I
verify that the petition was signed in my presence.
Under penalties of perjury, I declare that I have
read the foregoing Petition Circulator’s Affidavit and
the facts stated in it are true.
1(6) The division or the supervisor of elections shall
make petition forms available to registered petition
circulators. All such forms must contain information
identifying the petition circulator to which the forms are
provided. The division shall maintain a database of all
registered petition circulators and the petition forms
assigned to each. Each supervisor of elections shall
provide to the division information on petition forms
assigned to and received from petition circulators. The
information must be provided in a format and at times as
required by the division by rule. The division must
update information on petition forms daily and make the
information publicly available.
1(7)(a) A sponsor that collects petition forms or uses
a petition circulator to collect petition forms serves as a
fiduciary to the elector signing the petition form, ensur-
ing that any petition form entrusted to the petition
circulator shall be promptly delivered to the supervisor
of elections within 30 days after the elector signs the
form. If a petition form collected by any petition circulator
is not promptly delivered to the supervisor of elections,
the sponsor is liable for the following fines:
1. A fine in the amount of $50 for each petition form
received by the supervisor of elections more than 30
days after the elector signed the petition form or the next
business day, if the office is closed. A fine in the amount
of $250 for each petition form received if the sponsor or
petition circulator acted willfully.
43
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2019
2. A fine in the amount of $500 for each petition
form collected by a petition circulator which is not
submitted to the supervisor of elections. A fine in the
amount of $1,000 for any petition form not submitted if
the sponsor or petition circulator acted willfully.
(b) A showing by the sponsor that the failure to
deliver the petition form within the required timeframe is
based upon force majeure or impossibility of perfor-
mance is an affirmative defense to a violation of this
subsection. The fines described in this subsection may
be waived upon a showing that the failure to deliver the
petition form promptly is based upon force majeure or
impossibility of performance.
1(8) If the Secretary of State reasonably believes that
a person or entity has committed a violation of this
section, the secretary may refer the matter to the
Attorney General for enforcement. The Attorney Gen-
eral may institute a civil action for a violation of this
section or to prevent a violation of this section. An action
for relief may include a permanent or temporary
injunction, a restraining order, or any other appropriate
order.
1(9) The division shall adopt by rule a complaint form
for an elector who claims to have had his or her
signature misrepresented, forged, or not delivered to
the supervisor. The division shall also adopt rules to
ensure the integrity of the petition form gathering
process, including rules requiring sponsors to account
for all petition forms used by their agents. Such rules
may require a sponsor or petition circulator to provide
identification information on each petition form as
determined by the department as needed to assist in
the accounting of petition forms.
1(10) The date on which an elector signs a petition
form is presumed to be the date on which the petition
circulator received or collected the petition form.
(11) 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 2 years following such date,
provided all other requirements of law are met. The
sponsor shall submit signed and dated forms to the
supervisor of elections for the county of residence listed
by the person signing the form for verification of the
number of valid signatures obtained. If a signature on a
petition is from a registered voter in another county, the
supervisor shall notify the petition sponsor of the
misfiled petition. The supervisor shall promptly verify
the signatures within 30 days after receipt of the petition
forms and payment of the fee required by s. 99.097. The
supervisor shall promptly record, in the manner pre-
scribed 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.
(b) The purported elector has accurately recorded
on the form the date on which he or she signed the form.
(c) The form sets forth the purported elector’s
name, address, city, county, and voter registration
number or date of birth.
(d) The purported elector is, at the time he or she
signs the form and at the time the form is verified, a duly
qualified and registered elector in the state.
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
that circulated the petition is no longer seeking to obtain
ballot position.
(12) 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.
1(13)(a) Within 75 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,
estimated economic impact on the state and local
economy, and the overall impact to the state budget
resulting from the proposed initiative. The 75-day time
limit is tolled when the Legislature is in session. The
Financial Impact Estimating Conference shall submit
the financial impact statement to the Attorney General
and Secretary of State.
(b) Immediately upon receipt of a proposed revision
or amendment from the Secretary of State, the co-
ordinator of the Office of Economic and Demographic
Research shall contact the person identified as the
sponsor to request an official list of all persons
authorized to speak on behalf of the named sponsor
and, if there is one, the sponsoring organization at
meetings held by the Financial Impact Estimating
Conference. All other persons shall be deemed inter-
ested parties or proponents or opponents of the
initiative. The Financial Impact Estimating Conference
shall provide an opportunity for any representatives of
the sponsor, interested parties, proponents, or oppo-
nents of the initiative to submit information and may
solicit information or analysis from any other entities or
agencies, including the Office of Economic and Demo-
graphic 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
44
F.S. 2019 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
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.
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 150 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). If the financial
impact statement estimates increased costs, decreased
revenues, a negative impact on the state or local
economy, or an indeterminate impact for any of these
areas, the ballot must include a statement indicating
such estimated effect in bold font.
(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 court’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 and the estimated
economic impact on the state and local economy if the
ballot measure were approved. If appropriate, the
initiative financial information statement may include
both estimated 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.
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
Economic and Demographic Research shall make
available on the Internet each initiative financial infor-
mation 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 a copy of each summary from the initiative
financial information statements and the Internet ad-
dresses 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.
1(14) The Department of State may adopt rules in
accordance with s. 120.54 to carry out the provisions of
subsections (1)-(14).
(15) 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 en-
terprise, 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; s. 23, ch.
2011-40; s. 3, ch. 2019-64.
1Note.—Section 6, ch. 2019-64, provides that “[t]he provisions of this act apply to
all revisions or amendments to the State Constitution by initiative that are proposed
for the 2020 election ballot and each ballot thereafter; provided, however, that
nothing in this act affects the validity of any petition form gathered before the
effective date of this act or any contract entered into before the effective date of this
act.”
45
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
CHAPTER 101
VOTING METHODS AND PROCEDURE
101.001 Precincts and polling places; boundaries.
101.002 Use of system by municipalities.
101.015 Standards for voting systems.
101.017 Bureau of Voting Systems Certification.
101.021 Elector to vote the primary ballot of the
political party in which he or she is
registered.
101.031 Instructions for electors.
101.041 Secret voting.
101.043 Identification required at polls.
101.045 Electors must be registered in precinct;
provisions for change of residence or
name.
101.048 Provisional ballots.
101.049 Provisional ballots; special circum-
stances.
101.051 Electors seeking assistance in casting
ballots; oath to be executed; forms to
be furnished.
101.111 Voter challenges.
101.131 Watchers at polls.
101.151 Specifications for ballots.
101.161 Referenda; ballots.
101.171 Copy of constitutional amendment to be
available at voting locations.
101.20 Publication of ballot form; sample ballots.
101.21 Official ballots; number; printing; pay-
ment.
101.23 Election inspector to keep list of those
voting.
101.24 Ballot boxes and ballots.
101.2512 Candidates’ names on general election
ballots.
101.2515 Translation of ballot language.
101.252 Candidates entitled to have names printed
on certain ballots; exception.
101.254 When nominated names to appear in
groups or districts.
101.292 Definitions; ss. 101.292-101.295.
101.293 Competitive sealed bids and proposals
required.
101.294 Purchase and sale of voting equipment.
101.295 Penalties for violation.
101.34 Custody of voting system.
101.341 Prohibited activities by voting system
custodians and deputy custodians.
101.43 Substitute ballot.
101.49 Procedure of election officers where sig-
natures differ.
101.51 Electors to occupy booth alone.
101.545 Retention and destruction of certain elec-
tion materials.
101.5601 Short title.
101.5602 Purpose.
101.5603 Definitions relating to Electronic Voting
Systems Act.
101.5604 Adoption of system; procurement of
equipment; commercial tabulations.
101.56042 Punch card type systems prohibited.
101.5605
101.5606
101.56062
101.56063
101.56064
101.56065
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
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.
Voting system defects; disclosure; inves-
tigations; penalties.
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.
Supervising and observing registration
and election processes.
Voting system audit.
Rulemaking authority for voting system
audit procedures.
Analysis and reports of voting problems.
Short title.
Mail ballot elections; limitations.
Mail ballot election procedure.
Challenge of votes.
Vote-by-mail voting.
Application of other election laws.
Department of State to adopt rules.
Request for vote-by-mail ballots.
Delivery of vote-by-mail ballots; envel-
opes; form.
Instructions to absent electors.
Supervised voting by absent electors in
certain facilities.
Early voting.
Voting vote-by-mail ballots.
Accessibility of vote-by-mail 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 vote-by-mail ballots.
Canvassing of vote-by-mail ballot.
Voting in person; return of vote-by-mail
ballot.
Delivery of special vote-by-mail ballot to
certain first-time voters.
Special vote-by-mail ballot instructions for
certain first-time voters.
Canvassing special vote-by-mail ballots.
46
F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
101.694 Mailing of ballots upon receipt of federal
postcard application.
101.6951 State write-in vote-by-mail ballot.
101.6952 Vote-by-mail ballots for absent uniformed
services and overseas voters.
101.697 Electronic transmission of election mate-
rials.
101.698 Absentee voting in emergency situations.
101.71 Polling place.
101.715 Accessibility of polling places for people
having a disability.
101.731 Short title.
101.732 Definitions relating to Elections Emer-
gency Act.
101.733 Election emergency; purpose; elections
emergency contingency plan.
101.74 Temporary change of polling place in case
of emergency.
101.75 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 shall provide to the department
data on all precincts in the county associated with the
most recent decennial census blocks within each
precinct.
(c) The department shall maintain a searchable
database that contains the precincts and the corre-
sponding most recent decennial census blocks within
the precincts for each county, including a historical file
that allows the census blocks to be traced through the
prior decade.
(d) The supervisor of elections shall notify the
Secretary of State in writing within 10 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.
(e) Any precinct established or altered under the
provisions of this section shall consist of areas bounded
on all sides only by census block boundaries from the
most recent United States Census. If the census block
boundaries split or conflict with another political bound-
ary listed below, the boundary listed below may be
used:
1. Governmental unit boundaries reported in the
most recent Boundary and Annexation Survey pub-
lished by the United States Census Bureau;
2. 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;
3. Boundaries of public parks, public school
grounds, or churches; or
4. Boundaries of counties, incorporated municipa-
lities, or other political subdivisions that meet criteria
established by the United States Census Bureau for
block boundaries.
(4)(a) 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 writing 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.
(b) Any changes in the county precinct data shall be
provided to the department within 10 days after a
change.
(c) Precinct data shall include all precincts for which
precinct-level election results and voting history results
are reported.
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; s. 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. 84-302; s. 24, ch. 94-224; s. 1390, ch. 95-147; s. 54, ch. 97-13; s. 29, ch.
2005-278; s. 24, ch. 2011-40.
Note.—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
47
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
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. 6, 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.
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. The standards, at a minimum, must address
the following:
1. Chain of custody of ballots, including a detailed
description of procedures to create a complete written
record of the chain of custody of ballots and paper
outputs beginning with their receipt from a printer or
manufacturer until such time as they are destroyed.
2. Transport of ballots, including a description of
the method and equipment used and a detailed list of
the names of all individuals involved in such transport.
3. Ballot security, including a requirement that all
ballots be kept in a locked room in the supervisor’s
office, a facility controlled by the supervisor or county
canvassing board, or a public place in which the county
canvassing board is canvassing votes until needed for
canvassing and returned thereafter.
(b)1. Each supervisor shall establish written proce-
dures 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.
2. Each supervisor shall submit any revisions to the
security procedures to the department 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 section.
(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 ap-
proved 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 authorization for use of the system in a specific
election. Each application shall state the election, the
number of 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
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
technologies 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; s. 7, ch. 2019-162.
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 large type on cards, instructions for the electors
to use in voting. It shall provide not less than two cards
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
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)(a) The precinct register, as prescribed in s.
98.461, shall be used at the polls for the purpose of
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
identifying the elector at the polls before 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:
1. Florida driver license.
2. Florida identification card issued by the Depart-
ment of Highway Safety and Motor Vehicles.
3. United States passport.
4. Debit or credit card.
5. Military identification.
6. Student identification.
7. Retirement center identification.
8. Neighborhood association identification.
9. Public assistance identification.
10. Veteran health identification card issued by the
United States Department of Veterans Affairs.
11. A license to carry a concealed weapon or firearm
issued pursuant to s. 790.06.
12. Employee identification card issued by any
branch, department, agency, or entity of the Federal
Government, the state, a county, or a municipality.
(b) If the picture identification does not contain the
signature of the elector, an additional identification that
provides the elector’s signature shall be required. The
address appearing on the identification presented by
the elector may not be used as the basis to confirm an
elector’s legal residence or otherwise challenge an
elector’s legal residence. 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
elector’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.
(c) When an elector presents his or her picture
identification to the clerk or inspector and the elector’s
address on the picture identification matches the
elector’s address in the supervisor’s records, the elector
may not be asked to provide additional information or to
recite his or her home address.
(2) If the elector fails to furnish the required
identification, the elector shall be allowed to vote a
provisional ballot. The canvassing board shall deter-
mine the validity of the ballot pursuant to s. 101.048(2).
History.—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; s. 25, ch. 2011-40; s. 2, ch. 2016-167.
Note.—Former s. 98.471.
101.045 Electors must be registered in precinct;
provisions for change of residence or name.—
(1) A person is not 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 vote in the precinct
to which he or she has moved his or her legal residence,
if the change of residence is within the same county or
the precinct to which the elector has moved his or her
legal residence is within a county that uses an electronic
database as a precinct register at the polling place, and
the 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 legal 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 I further swear (or
affirm) that I am otherwise legally registered and entitled
to vote.
(Signature of voter whose address of legal residence has changed)
(b) Except for an active uniformed services voter or
a member of his or her family and except for an elector
who has moved his or her legal residence to a precinct
within a county that uses an electronic database as a
precinct register at the polling place, an elector whose
change of address is from outside the county may not
change his or her legal residence at the polling place
and must vote a provisional ballot.
(c) 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 voter) ,
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 _____________________________________
Municipality __________________________________
County ______________________________________
Florida, Zip __________________________________
My present name and address of legal residence are as
follows:
Name_______________________________________
Address _____________________________________
50
F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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 changed)
(d) Instead of the affirmation contained in paragraph
(a) or paragraph (c), an elector may complete a voter
registration application that indicates the change of
name or change of address of legal residence.
(e) 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.
History.—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; s. 26, ch. 2011-40; s. 4, ch.
2013-57.
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
provided in the Voter’s Certificate and Affirmation,
written evidence provided by the person pursuant to
subsection (1), information provided in any cure affidavit
and accompanying supporting documentation pursuant
to subsection (6), any other evidence presented by the
supervisor, and, in the case of a challenge, any
evidence presented by the challenger. A ballot of a
person casting a provisional ballot shall be canvassed
pursuant to paragraph (b) unless the canvassing board
determines by a preponderance of the evidence that the
person was not entitled to vote.
(b) If it is determined that the person was registered
and entitled to vote at the precinct where the person
cast a vote in the election, the canvassing board must
compare the signature on the Provisional Ballot Voter’s
Certificate and Affirmation or the provisional ballot cure
affidavit with the signature on the voter’s registration or
precinct register. A provisional ballot may be counted
only if:
1. The signature on the voter’s certificate or the
cure affidavit matches the elector’s signature in the
registration books or the precinct register; however, in
the case of a cure affidavit, the supporting identification
listed in subsection (6) must also confirm the identity of
the elector; or
2. The cure affidavit contains a signature that does
not match the elector’s signature in the registration
books or the precinct register, but the elector has
submitted a current and valid Tier 1 form of identification
confirming his or her identity pursuant to subsection (6).
For purposes of this paragraph, any canvassing board
finding that signatures do not match must be by majority
vote and beyond a reasonable doubt.
(c) Any provisional ballot not counted must remain
in the envelope containing the Provisional Ballot Voter’s
Certificate and Affirmation and the envelope shall be
marked “Rejected as Illegal.”
(d) If a provisional ballot is validated following the
submission of a cure affidavit, the supervisor must make
a copy of the affidavit, affix it to a voter registration
application, and immediately process it as a valid
request for a signature update pursuant to s. 98.077.
(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. Further, by providing my information below, I
authorize the use of e-mail, text message, and tele-
phone call for the limited purpose of signature and ballot
validation.
(Printed Name of Voter)
(Signature of Voter)
(Current Residence Address)
(Current Mailing Address)
(City, State, Zip Code)
(Driver License Number or Last Four Digits of Social Security Number)
(E-Mail Address)
(Home Telephone Number)
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
(Mobile Telephone Number)
Sworn to and subscribed before me this __ day of
____, (year) .
(Election Official)
Precinct # __ Ballot Style/Party Issued: __
(4) Notwithstanding the requirements of subsec-
tions (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 Provi-
sional Ballot Voter’s Certificate and Affirmation as
provided in subsection (3).
(5) Each person casting a provisional ballot shall be
given written instructions regarding the person’s right to
provide the supervisor with written evidence of his or her
eligibility to vote and regarding the free access system
established pursuant to subsection (7). The instructions
must contain the supervisor’s contact information along
with 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 instruc-
tions shall also include the following statement: “If this is
a primary election, you should contact the supervisor of
elections’ office immediately to confirm that you are
registered and can vote in the general election.”
(6)(a) As soon as practicable, the supervisor shall, on
behalf of the county canvassing board, attempt to notify
an elector who has submitted a provisional ballot that
does not include the elector’s signature or contains a
signature that does not match the elector’s signature in
the registration books or precinct register by:
1. Notifying the elector of the signature deficiency
by e-mail and directing the elector to the cure affidavit
and instructions on the supervisor’s website;
2. Notifying the elector of the signature deficiency
by text message and directing the elector to the cure
affidavit and instructions on the supervisor’s website; or
3. Notifying the elector of the signature deficiency
by telephone and directing the elector to the cure
affidavit and instructions on the supervisor’s website.
In addition to the notification required under subpara-
graph 1., subparagraph 2., or subparagraph 3., the
supervisor must notify the elector of the signature
deficiency by first-class mail and direct the elector to
the cure affidavit and instructions on the supervisor’s
website. Beginning the day before the election, the
supervisor is not required to provide notice of the
signature deficiency by first-class mail, but shall con-
tinue to provide notice as required in subparagraph 1.,
subparagraph 2., or subparagraph 3.
(b) Until 5 p.m. on the 2nd day after an election, the
supervisor shall allow an elector who has submitted a
provisional ballot with a signature deficiency to com-
plete and submit a cure affidavit.
(c) The elector must complete a cure affidavit in
substantially the following form:
PROVISIONAL BALLOT CURE AFFIDAVIT
I, __, am a qualified voter in this election and a
registered voter of __ County, Florida. I do solemnly
swear or affirm that I voted a provisional ballot and that I
have not and will not vote more than one ballot in this
election. I understand that if I commit or attempt any
fraud in connection with voting, vote a fraudulent ballot,
or vote more than once in an election, I may be
convicted of a felony of the third degree, fined up to
$5,000, and imprisoned for up to 5 years. I understand
that my failure to sign this affidavit will invalidate my
ballot.
(Voter’s Signature)
(Address)
(d) Instructions must accompany the cure affidavit
in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BE-
FORE COMPLETING THE AFFIDAVIT. FAILURE TO
FOLLOW THESE INSTRUCTIONS MAY CAUSE
YOUR BALLOT NOT TO COUNT.
1. In order to cure the missing signature or the
signature discrepancy on your Provisional Ballot Voter’s
Certificate and Affirmation, your affidavit 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 5 p.m. on the
2nd day after the election.
2. You must sign your name on the line above
(Voter’s Signature).
3. You must make a copy of one of the following
forms of identification:
a. Tier 1 identification.—Current and valid identifi-
cation that includes your name and photograph: Florida
driver license; Florida identification card issued by the
Department of Highway Safety and Motor Vehicles;
United States passport; debit or credit card; military
identification; student identification; retirement center
identification; neighborhood association identification;
public assistance identification; veteran health identifi-
cation card issued by the United States Department of
Veterans Affairs; Florida license to carry a concealed
weapon or firearm; or employee identification card
issued by any branch, department, agency, or entity
of the Federal Government, the state, a county, or a
municipality; or
b. Tier 2 identification.—ONLY IF YOU DO NOT
HAVE A TIER 1 FORM OF IDENTIFICATION, identi-
fication that shows your name and current residence
address: current utility bill; bank statement; government
check; paycheck; or government document (excluding
voter information card).
4. Place the envelope bearing the affidavit into a
mailing envelope addressed to the supervisor. Insert a
copy of your identification in the mailing envelope. Mail
(if time permits), deliver, or have delivered the com-
pleted affidavit along with the copy of your identification
to your county supervisor of elections. Be sure there is
sufficient postage if mailed and that the supervisor’s
52
F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
address is correct. Remember, your information MUST
reach your county supervisor of elections no later than 5
p.m. on the 2nd day following the election or your ballot
will not count.
5. Alternatively, you may fax or e-mail your com-
pleted affidavit and a copy of your identification to the
supervisor of elections. If e-mailing, please provide
these documents as attachments.
6. Submitting a provisional ballot affidavit does not
establish your eligibility to vote in this election or
guarantee that your ballot will be counted. The county
canvassing board determines your eligibility to vote
through information provided on the Provisional Ballot
Voter’s Certificate and Affirmation, written evidence
provided by you, including information in your cure
affidavit along with any supporting identification, and
any other evidence presented by the supervisor of
elections or a challenger. You may still be required to
present additional written evidence to support your
eligibility to vote.
(e) The department and each supervisor shall
include the affidavit and instructions on their respective
websites. The supervisor shall include his or her office
mailing address, e-mail address, and fax number on the
page containing the affidavit instructions, and the
department’s instruction page shall include the office
mailing addresses, e-mail addresses, and fax numbers
of all supervisors or provide a conspicuous link to such
addresses.
(f) The supervisor shall attach each affidavit re-
ceived to the appropriate provisional ballot envelope
containing the Provisional Ballot Voter’s Certificate and
Affirmation.
(7)(a) Each supervisor 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 regarding provisional ballots
shall be available no later than 30 days following the
election. The system established must restrict informa-
tion regarding an individual ballot to the person who cast
the ballot.
(b) Unless processed as a signature update pur-
suant to subsection (2), the supervisor shall mail a voter
registration application to the elector to be completed
indicating the elector’s current signature if the signature
on the voter’s certificate or cure affidavit did not match
the elector’s signature in the registration books or
precinct register.
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; s. 8, ch. 2019-162.
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
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 a vote-by-mail 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 vote-by-mail 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
53
____________________________________________
____________________________________________
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
County of __
Date __
Precinct __
I, (Print name) , swear or affirm that I am a registered
elector and request assistance from (Print names) in
voting at the (name of election) held on (date of election) .
(Signature of voter)
Sworn and subscribed to before me this __ day of
__, (year) .
(Signature of Official Administering 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 (print name of
elector needing 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
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 Oath)
(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; s. 9, ch. 2016-37.
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 dosolemnly 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 challenging voter)
Sworn and subscribed to before me this __ day of
__, (year) .
(Clerk of election)
(b)1. The clerk or inspector shall immediately deliver
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.
(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 227; 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; s. 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
54
F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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 to the supervisors of elections,
on a form prescribed by the division, before 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, on a form
prescribed by the division, before noon at least 14
days before early voting begins. The poll watchers for
polling rooms 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 rooms or
early voting areas. Designation of poll watchers shall be
made by the chair of the county executive committee of
a political party, the chair of a political committee, or the
candidate requesting to have poll watchers.
(3) No candidate or sheriff, deputy sheriff, police
officer, or other law enforcement officer may be
designated as a poll watcher.
(4) All poll watchers shall be allowed to enter and
watch polls in all polling rooms and early voting areas
within the county in which they have been designated if
the number of poll watchers at any particular polling
place does not exceed the number provided in this
section.
(5) The supervisor of elections shall provide to each
designated poll watcher, no later than 7 days before
early voting begins, a poll watcher identification badge
that identifies the poll watcher by name. Each poll
watcher must wear his or her identification badge while
in the polling room or early voting area.
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; s. 27, ch.
2011-40.
Note.—Former s. 100.45.
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) Polling places and early voting sites may employ
a ballot-on-demand production system to print individual
marksense ballots, including provisional ballots, for
eligible electors. Ballot-on-demand technology may be
used to produce marksense vote-by-mail and election-
day ballots.
(2)(a) The ballot must include the following office
titles above the names of the candidates for the
respective offices in the following order:
1. The office titles of President and Vice President
above 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 Gover-
nor in the last general election of the Governor in this
state, followed by the names of other candidates for
President and Vice President of the United States who
have been properly nominated.
2. The office titles of United States Senator and
Representative in Congress.
3. The office titles of Governor and Lieutenant
Governor; Attorney General; Chief Financial Officer;
Commissioner of Agriculture; State Attorney, with the
applicable judicial circuit; and Public Defender, with the
applicable judicial circuit.
4. The office titles of State Senator and State
Representative, with the applicable district for the office
printed beneath.
5. The office titles of Clerk of the Circuit Court or,
when the Clerk of the Circuit Court also serves as the
County Comptroller, Clerk of the Circuit Court and
Comptroller, when authorized by law; Clerk of the
County Court, when authorized by law; Sheriff; Property
Appraiser; Tax Collector; District Superintendent of
Schools; and Supervisor of Elections.
6. The office titles of Board of County Commis-
sioners, with the applicable district printed beneath each
office, 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 mem-
bers.
(b) In a general election, in addition to the names
printed on the ballot, a blank space shall be provided
under each office for which a write-in candidate has
qualified. With respect to write-in candidates, if two or
more candidates are seeking election to one office, only
one blank space shall be provided.
(c) 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
shall appear on the general election ballot in the same
numbered group or district as on the primary election
ballot.
(d) 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 for each office on the general election ballot,
together with an appropriate abbreviation of the party
name; the names of the candidates of the party that
received the second highest vote for Governor shall be
placed second for each office, together with an appro-
priate abbreviation of the party name.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
(b) Minor political party candidates shall have their
names appear on the general election ballot following
the names of recognized political parties, in the same
order as they were qualified, followed by the names of
candidates with no party affiliation, in the order as they
were qualified.
(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) In counties subject to multi-language ballot
requirements, the supervisor may petition the United
States Department of Justice for authorization for the
supervisor to print and deliver single-language ballots
for each minority language required.
(9)(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. The ballot title followed by clear and unambig-
uous ballot instructions and directions limited to a single
location on the ballot, either:
a. Centered across the top of the ballot; or
b. In the leftmost column, with no individual races
in that column unless it is the only column on the ballot;
2. Individual race layout;
3. Overall ballot layout; and
4. Oval vote targets as the only permissible type of
vote target, except as provided in s. 101.56075.
(b) The rules must 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. 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. 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; s. 28, ch. 2011-40; s. 5, ch. 2013-57;
s. 6, ch. 2013-109; s. 10, ch. 2016-37; s. 9, ch. 2019-162.
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, a
ballot summary 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 ballot summary of the amend-
ment or other public measure and the ballot title to
appear on the ballot shall be embodied in the constitu-
tional revision commission proposal, constitutional con-
vention proposal, taxation and budget reform commis-
sion proposal, or enabling resolution or ordinance. The
ballot summary of the amendment or other public
measure shall be an explanatory statement, not ex-
ceeding 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 con-
cerning the measure prepared by the Financial Impact
Estimating Conference in accordance with 1 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. This subsection
does not apply to constitutional amendments or revi-
sions proposed by joint resolution.
(2) The ballot summary and ballot title of a con-
stitutional 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 num-
ber 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, unless other-
wise specified in a joint resolution, the ballot summary of
each amendment to the supervisor of elections of each
county in which such amendment is to be voted on.
(3)(a) Each joint resolution that proposes a constitu-
tional amendment or revision shall include one or more
ballot statements set forth in order of priority. Each ballot
statement shall consist of a ballot title, by which the
measure is commonly referred to or spoken of, not
exceeding 15 words in length, and a ballot summary that
describes the chief purpose of the amendment or
revision in clear and unambiguous language. If a joint
resolution that proposes a constitutional amendment or
revision contains only one ballot statement, the ballot
summary may not exceed 75 words in length. If a joint
resolution that proposes a constitutional amendment or
revision contains more than one ballot statement, the
first ballot summary, in order of priority, may not exceed
75 words in length.
(b) The Department of State shall furnish a desig-
nating number pursuant to subsection (2) and the
appropriate ballot statement to the supervisor of elec-
tions of each county. The ballot statement shall be
printed on the ballot after the list of candidates, followed
56
F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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 amendment or revision and a “no” vote
will indicate rejection.
(c)1. Any action for a judicial determination that one
or more ballot statements embodied in a joint resolution
are defective must be commenced by filing a complaint
or petition with the appropriate court within 30 days after
the joint resolution is filed with the Secretary of State.
The complaint or petition shall assert all grounds for
challenge to each ballot statement. Any ground not
asserted within 30 days after the joint resolution is filed
with the Secretary of State is waived.
2. The court, including any appellate court, shall
accord an action described in subparagraph 1. priority
over other pending cases and render a decision as
expeditiously as possible. If the court finds that all ballot
statements embodied in a joint resolution are defective
and further appeals are declined, abandoned, or
exhausted, unless otherwise provided in the joint
resolution, the Attorney General shall, within 10 days,
prepare and submit to the Department of State a revised
ballot title or ballot summary that corrects the deficien-
cies identified by the court, and the Department of State
shall furnish a designating number and the revised
ballot title or ballot summary to the supervisor of
elections of each county for placement on the ballot.
The revised ballot summary may exceed 75 words in
length. The court shall retain jurisdiction over chal-
lenges to a revised ballot title or ballot summary
prepared by the Attorney General, and any challenge
to a revised ballot title or ballot summary must be filed
within 10 days after a revised ballot title or ballot
summary is submitted to the Department of State.
(4)(a) For any general election in which the Secretary
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 circuit) 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
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 circuit) 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. 1-11, 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; s. 29, ch. 2011-40; s. 6, ch. 2013-57.
1Note.—Redesignated as s. 100.371(13) by s. 3, ch. 2019-64.
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)(a) Upon completion of the list of qualified candi-
dates, a sample ballot shall be published by the
supervisor in a newspaper of general circulation in the
county, before the day of election.
(b) In lieu of the publication required under para-
graph (a), a supervisor may send a sample ballot to
each registered elector by e-mail at least 7 days before
an election if an e-mail address has been provided and
the elector has opted to receive a sample ballot by
electronic delivery. If an e-mail address has not been
provided, or if the elector has not opted for electronic
delivery, a sample ballot may be mailed to each
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
registered elector or to each household in which there is
a registered elector at least 7 days before an 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; s. 2, ch. 2013-192; s. 12, ch. 2019-162.
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.
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.
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.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
(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
attempt to coordinate the sale of excess or outmoded
equipment 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 uncertified 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; s. 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
or other employee of the supervisor of elections, which
employee’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,
punishable as provided by s. 775.082 or s. 775.083.
Such person shall also be subject to immediate
discharge from his or her position.
History.—s. 3, ch. 72-303; s. 4, ch. 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
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
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.
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.
(Signature of voter)
Sworn to and subscribed before me this __ day of
__, A. D. (year) .
(Clerk or inspector of election)
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.
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
election 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
unused 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-
nically 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 elector’s 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.
(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.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
(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 elec-
tronic 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 the
standards adopted under s. 101.015(1). 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 components; the digital printer; the fail-safe
operations; the counting center environmental require-
ments; 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
administration 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
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 depart-
ment.
(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
disapprove any voting system submitted to it within 90
days after the date of its initial submission.
(3)(a) Before the Department of State approves the
electronic or electromechanical voting system, the
person who submitted it for examination shall provide
the department with the name, mailing address, and
telephone number of a registered agent, which agent
must have and continuously maintain an office in this
state. Any change in the name, address, or telephone
number of the registered agent shall promptly be made
known to the department.
(b) Before entering into a contract for the sale or
lease of a voting system approved under this section to
any county, the person entering into such contract shall
provide the department with the name, mailing address,
and telephone number of a registered agent, which
agent must have and continuously maintain an office in
this state. Any change in the name, address, or
telephone number of the registered agent shall promptly
be made known to the department.
(c) The department’s proof of delivery or attempted
delivery to the last mailing address of the registered
agent on file with the department at the time of delivery
or attempted delivery is valid for all notice purposes.
(d) Within 30 days after completing the examination
and upon approval of any electronic or electromecha-
nical 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 photo-
graphs clearly identifying the system 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
may not be adopted for or used at any election.
(e) 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; s.
9, ch. 89-348; s. 577, ch. 95-147; s. 31, ch. 2011-40; s. 7, ch. 2013-57.
101.5606 Requirements for approval of sys-
tems.—No electronic or electromechanical voting sys-
tem shall be approved by the Department of State
unless 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
elector 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.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
(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
equipment 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
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 form.
(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; s. 32, ch. 2011-40.
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,
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.
(l) 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.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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
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).
History.—s. 12, ch. 2002-281; s. 34, ch. 2005-278; s. 1, ch. 2006-111; s. 27, ch.
2012-116.
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.
101.56065 Voting system defects; disclosure;
investigations; penalties.—
(1) For purposes of this section, the term:
(a) “Defect” means:
1. Any failure, fault, or flaw in an electronic or
electromechanical voting system approved pursuant to
s. 101.5605 which results in nonconformance with the
standards in a manner that affects the timeliness or
accuracy of the casting or counting of ballots; or
2. Any failure or inability of the voting system
manufacturer or vendor to make available or provide
approved replacements of hardware or software to the
counties that have purchased the approved voting
system, the unavailability of which results in the
system’s nonconformance with the standards in a
manner that affects the timeliness or accuracy of the
casting or counting of ballots.
(b) “Standards” refers to the requirements in ss.
101.5606 and 101.56062 under which a voting system
was approved for use in the state.
(c) “Vendor” means a person who submits or
previously submitted a voting system that was approved
by the Department of State in accordance with s.
101.5605, or a person who enters into a contract for
the sale or lease of a voting system to any county, or
that previously entered into such a contract that has not
expired.
(2)(a) On January 1 of every odd-numbered year,
each vendor shall file a written disclosure with the
department identifying any known defect in the voting
system or the fact that there is no known defect, the
effect of any defect on the operation and use of the
approved voting system, and any known corrective
measures to cure a defect, including, but not limited to,
advisories and bulletins issued to system users.
(b) Implementation of corrective measures ap-
proved by the department which enable a system to
conform to the standards and ensure the timeliness and
accuracy of the casting and counting of ballots con-
stitutes a cure of a defect.
(c) If a vendor becomes aware of the existence of a
defect, he or she must file a new disclosure with the
department as provided in paragraph (a) within 30 days
after the date the vendor determined or reasonably
should have determined that the defect existed.
(d) If a vendor discloses to the department that a
defect exists, the department may suspend all sales or
leases of the voting system in the state and may
suspend the use of the system in any election in the
state. The department shall provide written notice of any
such suspension to each affected vendor and super-
visor of elections. If the department determines that the
defect no longer exists, the department shall lift the
suspension and provide written notice to each affected
vendor and supervisor of elections.
(e) If a vendor fails to file a required disclosure for a
voting system previously approved by the department,
that system may not be sold, leased, or used for
elections in the state until it has been submitted for
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
examination and approval and adopted for use pursuant
to s. 101.5605. The department shall provide written
notice to all supervisors of elections that the system is
no longer approved.
(3)(a) If the department has reasonable cause to
believe a voting system approved pursuant to s.
101.5605 contains a defect either before, during, or
after an election which has not been disclosed pursuant
to subsection (2), the department may investigate
whether the voting system has a defect.
(b) The department may initiate an investigation
pursuant to paragraph (a) on its own initiative or upon
the written request of the supervisor of elections of a
county that purchased or leased a voting system that
contains the alleged defect.
(c) Upon initiating an investigation, the department
shall provide written notice to the vendor and all of the
supervisors of elections.
(4)(a) If the department determines by a preponder-
ance of the evidence that a defect exists in the voting
system, or that a vendor failed to timely disclose a
defect pursuant to subsection (2), the department shall
provide written notice to the affected vendor and
supervisors of elections.
(b) A vendor entitled to receive notice pursuant to
paragraph (a) shall, within 10 days, file a written
response to the department which:
1. Denies that the alleged defect exists or existed
as alleged by the department or that the vendor failed to
timely disclose a defect, and sets forth the reasons for
such denial; or
2. Admits that the defect exists or existed as
alleged by the department or that the vendor failed to
timely disclose a defect.
(c) If the defect has been cured, the vendor shall
provide an explanation of how the defect was cured.
(d) If the defect has not been cured, the vendor shall
inform the department whether the defect can be cured
and shall provide the department with a plan for curing
the defect. If the defect can be cured, the department
shall establish a timeframe within which to cure the
defect.
(5) If after receiving a response from the vendor, the
department determines that a defect does not exist or
has been cured within the timeframe established by the
department, the department shall take no further action.
(6) If the department determines that: a vendor
failed to timely disclose a defect; or that a defect exists
and a vendor has not filed a written response or has
failed to cure within the timeframe established by the
department, or if the defect cannot be cured, the
department shall impose a civil penalty of $25,000 for
the defect plus an amount equal to the actual costs
incurred by the department in conducting the investiga-
tion.
(7) If the department finds that a defect existed:
(a) The department may suspend all sales and
leases of the voting system and may suspend its use
in any county in the state. The department shall provide
written notice of the suspension to each affected vendor
and supervisor of elections.
(b) If the department determines that a defect no
longer exists in a voting system that has been
suspended from use pursuant to paragraph (a), the
department shall lift the suspension and authorize the
sale, lease, and use of the voting system in any election
in the state. The department shall provide written notice
that the suspension has been lifted to each affected
vendor and supervisor of elections.
(c) If the defect cannot be cured, the department
may disapprove the voting system for use in elections in
the state. The department shall provide written notice to
all supervisors of elections that the system is no longer
approved. After approval of a system has been with-
drawn pursuant to this paragraph, the system may not
be sold, leased, or used in elections in the state until it
has been submitted for examination and approval and
adopted for use pursuant to s. 101.5605.
(d) Any vendor against whom a civil penalty was
imposed under this section may not submit a voting
system for approval by the Department of State in
accordance with s. 101.5605 or enter into a contract for
sale or lease of a voting system in the state until the civil
penalties have been paid and the department provides
written confirmation to the supervisors of elections of
the payment.
(8) The department shall prepare a written report of
any investigation conducted pursuant to this section.
(9) The authority of the department under this
section is in addition to, and not exclusive of, any
other authority provided by law.
(10) All proceedings under this section are exempt
from chapter 120.
History.—s. 8, ch. 2013-57; s. 5, ch. 2016-10.
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
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.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
(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.—For the purpose of
designating ballot selections, all voting must be by
marksense ballot, using a marking device or a voter
interface device that produces a voter-verifiable paper
output and 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.
History.—s. 6, ch. 2007-30; s. 5, ch. 2010-167; s. 33, ch. 2011-40; s. 9, ch.
2013-57; s. 13, ch. 2019-162.
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.
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
third degree and fined up to $5,000 and/or imprisoned
for up to 5 years.”
History.—s. 11, ch. 73-156; s. 21, ch. 77-175; s. 581, ch. 95-147; s. 12, ch.
98-129; s. 12, ch. 2002-17.
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
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
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 vote-by-mail ballots at a
central or regional site, the public testing shall be
conducted by 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 under the custody of the county canvas-
sing 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 or 10 of the devices for an optical scan
system, whichever is greater. For touchscreen systems
used for voters having a disability, a sample of at least 2
percent of the devices must be tested. 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 number 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
error, 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
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
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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; s. 34, ch. 2011-40; s. 11, ch. 2016-37.
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
number 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
entered 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
orderly count of the ballots.
(2) 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.
(3) For each ballot or ballot image on which write-in
votes have been cast, the canvassing board shall
compare the write-in votes with the votes cast on the
ballot; if the total number of votes for any office exceeds
the number allowed by law, such votes shall not be
counted. All valid votes shall be tallied by the canvas-
sing board.
(4)(a) If any vote-by-mail 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 a vote-
by-mail ballot containing an overvoted race or a marked
vote-by-mail ballot in which every race is undervoted
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). Upon request, a
physically present candidate, a political party official, a
political committee official, or an authorized designee
thereof, must be allowed to observe the duplication of
ballots. All 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 duplicate
ballot shall be tallied with the other ballots for that
precinct.
(b) A true duplicate copy shall be made of each
federal write-in absentee ballot in the presence of
witnesses and substituted for the federal write-in
absentee ballot. The duplicate ballot must include all
valid votes as determined by the canvassing board
based on rules adopted by the division pursuant to s.
102.166(4). All duplicate ballots shall be clearly labeled
“duplicate,” bear a serial number that shall be recorded
on the federal write-in absentee ballot, and be counted
in lieu of the federal write-in absentee ballot. After a
ballot has been duplicated, the federal write-in absentee
ballot shall be placed in an envelope provided for that
purpose, and the duplicate ballot shall be tallied with
other ballots for that precinct.
(5) If there is no clear indication on the ballot that the
voter has made a definite choice for an office or ballot
measure, the elector’s 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.
(6) Vote-by-mail ballots may be counted by auto-
matic tabulating equipment if they have been marked in
a manner which will enable them to be properly counted
by such equipment.
(7) The return printed by the automatic tabulating
equipment, to which has been added the return of write-
in, vote-by-mail, 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.
(8) 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; s. 35, ch.
2011-40; s. 2, ch. 2011-162; s. 12, ch. 2016-37; s. 2, ch. 2018-112; s. 14, ch.
2019-162.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
101.572 Public inspection of ballots.—The offi-
cial ballots and ballot cards received from election
boards and removed from vote-by-mail ballot mailing
envelopes shall be open for public inspection or
examination while in the custody of the supervisor of
elections 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
otherwise 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; s. 13, ch.
2016-37.
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
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 or an automated, independent audit of the
voting systems used in randomly selected precincts.
(2)(a) A manual 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, vote-by-mail, 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.
(b) An automated audit shall consist of a public
automated tally of the votes cast across every race that
appears on the ballot. The tally sheet shall include
election day, vote-by-mail, early voting, provisional, and
overseas ballots in at least 20 percent of the precincts
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 meeting.
(c) The division shall adopt rules for approval of an
independent audit system which provide that the
system, at a minimum, must be:
1. Completely independent of the primary voting
system.
2. Fast enough to produce final audit results within
the timeframe prescribed in subsection (4).
3. Capable of demonstrating that the ballots of
record have been accurately adjudicated by the audit
system.
(3) The canvassing board shall post a notice of the
audit, including the date, time, and 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.
(6) If a manual recount is undertaken pursuant to s.
102.166, the canvassing board is not required to
perform the audit provided for in this section.
History.—s. 14, ch. 89-348; s. 41, ch. 97-13; s. 8, ch. 2007-30; s. 36, ch.
2011-40; s. 10, ch. 2013-57; s. 14, ch. 2016-37.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
101.5911 Rulemaking authority for voting sys-
tem audit procedures.—Effective upon this act be-
coming 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.
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)
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
(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 canvas-
sing 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 en-
titled 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 Ser-
vice;
(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,
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 Vote-by-mail voting.—The provisions of
the election code relating to vote-by-mail voting and
vote-by-mail 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; s. 15, ch. 2016-37.
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 vote-by-mail ballots.—
(1)(a) The supervisor shall accept a request for a
vote-by-mail ballot from an elector in person or in
writing. One request shall be deemed sufficient to
receive a vote-by-mail ballot for all elections through
the end of the calendar year of the second ensuing
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 a vote-by-mail ballot. Such request
may be considered canceled when any first-class mail
sent by the supervisor to the elector is returned as
undeliverable.
(b) The supervisor may accept a written or tele-
phonic request for a vote-by-mail ballot to be mailed to
an elector’s address on file in the Florida Voter
Registration System from the elector, or, if directly
instructed by the elector, a member of the elector’s
immediate family, or the elector’s legal guardian; if the
ballot is requested to be mailed to an address other than
the elector’s address on file in the Florida Voter
Registration System, the request must be made in
writing and signed by the elector. However, an absent
uniformed service voter or an overseas voter seeking a
vote-by-mail ballot is not required to submit a signed,
written request for a vote-by-mail ballot that is being
mailed to an address other than the elector’s address on
file in the Florida Voter Registration System. For
purposes of this section, the term “immediate family”
has the same meaning as specified in paragraph (4)(c).
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.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
6. The requester’s driver 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 a vote-by-mail
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 vote-by-mail ballot.
(2) A request for a vote-by-mail ballot to be mailed to
a voter must be received no later than 5 p.m. on the 10th
day before the election by the supervisor. The super-
visor shall mail vote-by-mail ballots to voters requesting
ballots by such deadline no later than 8 days before the
election.
(3) For each request for a vote-by-mail ballot
received, the supervisor shall record the date the
request was made, the date the vote-by-mail ballot
was delivered to the voter or the voter’s designee or the
date the vote-by-mail ballot was delivered to the post
office or other carrier, the date the ballot was received
by the supervisor, the absence of the voter’s signature
on the voter’s certificate, if applicable, 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 informa-
tion shall be updated and made available no later than 8
a.m. of each day, including weekends, 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 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 for political purposes
only.
(4)(a) No later than 45 days before each presidential
preference primary election, primary election, and
general election, the supervisor of elections shall
send a vote-by-mail ballot as provided in subparagraph
(c)2. to each absent uniformed services voter and to
each overseas voter who has requested a vote-by-mail
ballot.
(b) The supervisor shall mail a vote-by-mail ballot to
each absent qualified voter, other than those listed in
paragraph (a), who has requested such a ballot,
between the 40th and 33rd days before the presidential
preference primary election, primary election, and
general election. Except as otherwise provided in
subsection (2) and after the period described in this
paragraph, the supervisor shall mail vote-by-mail ballots
within 2 business days after receiving a request for such
a ballot.
(c) The supervisor shall provide a vote-by-mail
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 or any other address the elector specifies in
the request.
2. By forwardable mail, e-mail, or facsimile ma-
chine transmission to absent uniformed services voters
and overseas voters. The absent uniformed services
voter or overseas voter may designate in the vote-by-
mail ballot request the preferred method of transmis-
sion. If the voter does not designate the method of
transmission, the vote-by-mail 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
9 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 vote-by-mail ballots per election, other
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 designee’s 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. Except as provided in s. 101.655, the supervisor
may not deliver a vote-by-mail ballot to an elector or an
elector’s immediate family member on the day of the
election unless there is an emergency, to the extent that
the elector will be unable to go to his or her assigned
polling place. If a vote-by-mail ballot is delivered, the
elector or his or her designee shall execute an affidavit
affirming to the facts which allow for delivery of the vote-
by-mail ballot. The department shall adopt a rule
providing for the form of the affidavit.
(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) Only the materials necessary to vote by mail
may be mailed or delivered with any vote-by-mail 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; s. 37, ch. 2011-40; s. 17, ch. 2013-37; s. 11, ch.
2013-57; s. 16, ch. 2016-37; s. 15, ch. 2019-162.
Note.—Former s. 101.02.
101.64 Delivery of vote-by-mail ballots; envel-
opes; form.—
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
(1) The supervisor shall enclose with each vote-by-
mail 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
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.
(Date) (Voter’s Signature)
(E-Mail Address) (Home Telephone Number)
(Mobile Telephone Number)
(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 vote-by-mail ballot.
(5) The secrecy envelope must include, in bold font,
substantially the following message:
IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO
COUNT, YOUR SUPERVISOR OF ELECTIONS MUST
RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION
DAY. IF YOU WAIT TO MAIL YOUR BALLOT, YOUR
VOTE MIGHT NOT COUNT. TO PREVENT THIS
FROM OCCURRING, PLEASE MAIL OR TURN IN
YOUR BALLOT AS SOON AS POSSIBLE.
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; s. 17, ch. 2016-37; s. 16, ch. 2019-162.
Note.—Former s. 101.04.
101.65 Instructions to absent electors.—The
supervisor shall enclose with each vote-by-mail ballot
separate printed instructions in substantially the follow-
ing form; however, where the instructions appear in
capitalized text, the text of the printed instructions must
be in bold font:
READ THESE INSTRUCTIONS CAREFULLY
BEFORE MARKING BALLOT.
1. VERY IMPORTANT. In order to ensure that your
vote-by-mail ballot will be counted, it should be com-
pleted 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. However, if you are an overseas voter
casting a ballot in a presidential preference primary or
general election, your vote-by-mail ballot must be
postmarked or dated no later than the date of the
election and received by the supervisor of elections of
the county in which you are registered to vote no later
than 10 days after the date of the election. Note that the
later you return your ballot, the less time you will have to
cure any signature deficiencies, which is authorized
until 5 p.m. on the 2nd day after 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 vote-by-
mail ballot to be counted, you must sign your name on
the line above (Voter’s Signature). A vote-by-mail ballot
will be considered illegal and not be counted if the
signature on the voter’s certificate does not match the
signature on record. The signature on file at the time the
supervisor of elections in the county in which your
precinct is located receives your vote-by-mail ballot is
the signature that will be used to verify your signature on
the voter’s certificate. If you need to update your
signature for this election, send your signature update
on a voter registration application to your supervisor of
elections so that it is received before your vote-by-mail
ballot is received.
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. THE COMPLETED MAILING ENVELOPE CAN
BE DELIVERED TO THE OFFICE OF THE SUPER-
VISOR OF ELECTIONS OF THE COUNTY IN WHICH
YOUR PRECINCT IS LOCATED OR DROPPED OFF
AT AN AUTHORIZED SECURE DROP BOX, AVAIL-
ABLE AT EACH EARLY VOTING LOCATION.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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. 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; s.
38, ch. 2011-40; s. 12, ch. 2013-57; s. 18, ch. 2016-37; s. 17, ch. 2019-162.
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 by mail 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 vote-by-mail ballots. The super-
visor 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 nominees 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.”
(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; s. 19, ch. 2016-37.
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, permanent public library facility, fairground, civic
center, courthouse, county commission building, sta-
dium, convention center, government-owned senior
center, or government-owned community center 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, and must provide sufficient
nonpermitted parking to accommodate the anticipated
amount of voters. In addition, a supervisor may
designate one early voting site per election in an area
of the county that does not have any of the eligible early
voting locations. Such additional early voting site must
be geographically located so as to provide all voters in
that area with an equal opportunity to cast a ballot,
insofar as is practicable, and must provide sufficient
nonpermitted parking to accommodate the anticipated
amount of voters. Each county shall, at a minimum,
operate the same total number of early voting sites for a
general election which the county operated for the 2012
general election. 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. The supervisor shall
provide to the division no later than the 30th day before
an election the address of each early voting site and the
hours that early voting will occur at each site.
(c) All early voting sites in a county shall allow any
person in line at the closing of an early voting site to
vote.
(d) Early voting shall begin on the 10th day before
an election that contains state or federal races and end
on the 3rd day before the election, and shall be provided
for no less than 8 hours and no more than 12 hours per
day at each site during the applicable period. In addition,
early voting may be offered at the discretion of the
supervisor of elections on the 15th, 14th, 13th, 12th,
11th, or 2nd day before an election that contains state or
federal races for at least 8 hours per day, but not more
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
than 12 hours per day. The supervisor of elections may
provide early voting for elections that are not held in
conjunction with a state or federal election. However,
the supervisor has the discretion to determine the hours
of operation of early voting sites in those elections.
(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. 189.04,
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
shall make available the total number of voters casting a
ballot at each early voting location and the total number
of vote-by-mail ballots received under s. 101.69(2)
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. I 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 Signature)
(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; s. 13, ch. 2004-252; s. 45, ch. 2005-277; s. 39, ch.
2005-278; s. 39, ch. 2011-40; s. 13, ch. 2013-57; s. 57, ch. 2014-22; ss. 10, 18, ch.
2019-162.
101.661 Voting vote-by-mail ballots.—All elec-
tors must personally mark or designate their choices
on the vote-by-mail 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; s. 20, ch. 2016-37.
101.662 Accessibility of vote-by-mail ballots.—It
is the intent of the Legislature that voting by vote-by-mail
ballot be by methods that are fully accessible to all
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 vote-by-mail
ballots, upon request, in alternative formats that will
allow all voters to cast a secret, independent, and
verifiable vote-by-mail ballot without the assistance of
another person.
History.—s. 14, ch. 2002-281; s. 21, ch. 2016-37.
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 is
permitted to vote by mail 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; s. 22, ch. 2016-37.
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 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.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
101.67 Safekeeping of mailed ballots; deadline
for receiving vote-by-mail 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) Except as provided in s. 101.6952(5), 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; s. 14, ch. 2013-57; s. 23, ch. 2016-37.
Note.—Former s. 101.07.
101.68 Canvassing of vote-by-mail 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 or the precinct register
to determine whether the elector is duly registered in the
county and may record on the elector’s registration
certificate that the elector has voted. An elector who
dies after casting a vote-by-mail 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. Except as
provided in subsection (4), after a vote-by-mail 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 vote-by-mail ballots at 7 a.m. on the 22nd
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
vote-by-mail ballots through such tabulating equipment
may begin at 7 a.m. on the 22nd day before the election.
However, notwithstanding any such authorization to
begin canvassing or otherwise processing vote-by-mail
ballots early, no result shall be released until after the
closing of the polls in that county on election day. Any
supervisor, deputy supervisor, canvassing board mem-
ber, election board member, or election employee who
releases the results of a canvassing or processing of
vote-by-mail 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 vote-by-mail 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 must, if the supervisor
has not already done so, compare the signature of the
elector on the voter’s certificate or on the vote-by-mail
ballot cure affidavit as provided in subsection (4) with
the signature of the elector in the registration books or
the precinct register to see that the elector is duly
registered in the county and to determine the legality of
that vote-by-mail ballot. A vote-by-mail ballot may only
be counted if:
a. The signature on the voter’s certificate or the
cure affidavit matches the elector’s signature in the
registration books or precinct register; however, in the
case of a cure affidavit, the supporting identification
listed in subsection (4) must also confirm the identity of
the elector; or
b. The cure affidavit contains a signature that does
not match the elector’s signature in the registration
books or precinct register, but the elector has submitted
a current and valid Tier 1 identification pursuant to
subsection (4) which confirms the identity of the elector.
For purposes of this subparagraph, any canvassing
board finding that an elector’s signatures do not match
must be by majority vote and beyond a reasonable
doubt.
2. The ballot of an elector who casts a vote-by-mail
ballot shall be counted even if the elector dies on or
before election day, as long as, before the death of the
voter, the ballot was postmarked by the United States
Postal Service, date-stamped with a verifiable tracking
number by a common carrier, or already in the posses-
sion of the supervisor.
3. A vote-by-mail ballot is not considered illegal if
the signature of the elector does not cross the seal of the
mailing envelope.
4. If any elector or candidate present believes that
a vote-by-mail ballot is illegal due to a defect apparent
on the voter’s certificate or the cure affidavit, he or she
may, at any time before 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 or cure affidavit may not be
accepted after the ballot has been removed from the
mailing envelope.
5. If the canvassing board determines that a ballot
is illegal, a member of the board must, without opening
the envelope, mark across the face of the envelope:
“rejected as illegal.” The cure affidavit, if applicable, the
envelope, and the ballot therein shall be preserved in
the manner that official ballots are preserved.
(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
vote-by-mail ballots shall be included in the total vote of
the county.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
(3) The supervisor or the chair of the county
canvassing board shall, after the board convenes,
have custody of the vote-by-mail ballots until a final
proclamation is made as to the total vote received by
each candidate.
(4)(a) As soon as practicable, the supervisor shall, on
behalf of the county canvassing board, attempt to notify
an elector who has returned a vote-by-mail ballot that
does not include the elector’s signature or contains a
signature that does not match the elector’s signature in
the registration books or precinct register by:
1. Notifying the elector of the signature deficiency
by e-mail and directing the elector to the cure affidavit
and instructions on the supervisor’s website;
2. Notifying the elector of the signature deficiency
by text message and directing the elector to the cure
affidavit and instructions on the supervisor’s website; or
3. Notifying the elector of the signature deficiency
by telephone and directing the elector to the cure
affidavit and instructions on the supervisor’s website.
In addition to the notification required under subpara-
graph 1., subparagraph 2., or subparagraph 3., the
supervisor must notify the elector of the signature
deficiency by first-class mail and direct the elector to
the cure affidavit and instructions on the supervisor’s
website. Beginning the day before the election, the
supervisor is not required to provide notice of the
signature deficiency by first-class mail, but shall con-
tinue to provide notice as required under subparagraph
1., subparagraph 2., or subparagraph 3.
(b) The supervisor shall allow such an elector to
complete and submit an affidavit in order to cure the
vote-by-mail ballot until 5 p.m. on the 2nd day after the
election.
(c) The elector must complete a cure affidavit in
substantially the following form:
VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
I, __, am a qualified voter in this election and
registered voter of __ County, Florida. I do solemnly
swear or affirm that I requested and returned the vote-
by-mail ballot and that I have not and will not vote more
than one ballot in this election. I understand that if I
commit or attempt any fraud in connection with voting,
vote a fraudulent ballot, or vote more than once in an
election, I may be convicted of a felony of the third
degree and fined up to $5,000 and imprisoned for up to
5 years. I understand that my failure to sign this affidavit
means that my vote-by-mail ballot will be invalidated.
(Voter’s Signature)
(Address)
(d) Instructions must accompany the cure affidavit
in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BE-
FORE COMPLETING THE AFFIDAVIT. FAILURE TO
FOLLOW THESE INSTRUCTIONS MAY CAUSE
YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your vote-by-mail ballot
will be counted, your affidavit 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 5 p.m. on the 2nd day
after the election.
2. You must sign your name on the line above
(Voter’s Signature).
3. You must make a copy of one of the following
forms of identification:
a. Tier 1 identification.—Current and valid identifi-
cation that includes your name and photograph: Florida
driver license; Florida identification card issued by the
Department of Highway Safety and Motor Vehicles;
United States passport; debit or credit card; military
identification; student identification; retirement center
identification; neighborhood association identification;
public assistance identification; veteran health identifi-
cation card issued by the United States Department of
Veterans Affairs; a Florida license to carry a concealed
weapon or firearm; or an employee identification card
issued by any branch, department, agency, or entity of
the Federal Government, the state, a county, or a
municipality; or
b. Tier 2 identification.—ONLY IF YOU DO NOT
HAVE A TIER 1 FORM OF IDENTIFICATION, identi-
fication that shows your name and current residence
address: current utility bill, bank statement, government
check, paycheck, or government document (excluding
voter information card).
4. Place the envelope bearing the affidavit into a
mailing envelope addressed to the supervisor. Insert a
copy of your identification in the mailing envelope. Mail
(if time permits), deliver, or have delivered the com-
pleted affidavit along with the copy of your identification
to your county supervisor of elections. Be sure there is
sufficient postage if mailed and that the supervisor’s
address is correct. Remember, your information MUST
reach your county supervisor of elections no later than 5
p.m. on the 2nd day after the election, or your ballot will
not count.
5. Alternatively, you may fax or e-mail your com-
pleted affidavit and a copy of your identification to the
supervisor of elections. If e-mailing, please provide
these documents as attachments.
(e) The department and each supervisor shall
include the affidavit and instructions on their respective
websites. The supervisor must include his or her office’s
mailing address, e-mail address, and fax number on the
page containing the affidavit instructions, and the
department’s instruction page must include the office
mailing addresses, e-mail addresses, and fax numbers
of all supervisors of elections or provide a conspicuous
link to such addresses.
(f) The supervisor shall attach each affidavit re-
ceived to the appropriate vote-by-mail ballot mailing
envelope.
(g) If a vote-by-mail ballot is validated following the
submission of a cure affidavit, the supervisor shall make
a copy of the affidavit, affix it to a voter registration
application, and immediately process it as a valid
request for a signature update pursuant to s. 98.077.
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
(h) After all election results on the ballot have been
certified, the supervisor shall, on behalf of the county
canvassing board, notify each elector whose ballot has
been rejected as illegal and provide the specific reason
the ballot was rejected. In addition, unless processed as
a signature update pursuant to paragraph (g), the
supervisor shall mail a voter registration application to
the elector to be completed indicating the elector’s
current signature if the signature on the voter’s certifi-
cate or cure affidavit did not match the elector’s
signature in the registration books or precinct register.
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; s. 40, ch.
2011-40; s. 15, ch. 2013-57; s. 24, ch. 2016-37; s. 3, ch. 2016-167; s. 1, ch. 2017-45;
s. 19, ch. 2019-162.
101.69 Voting in person; return of vote-by-mail
ballot.—
(1) The provisions of this code shall not be con-
strued 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 re-
quested a vote-by-mail ballot for that election. An
elector who has returned a voted vote-by-mail 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
canvassing board. An elector who has received a vote-
by-mail 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
elector does not return the ballot and the election
official:
(a) Confirms that the supervisor has received the
elector’s vote-by-mail ballot, the elector shall not be
allowed to vote in person. If the elector maintains that he
or she has not returned the vote-by-mail ballot or
remains eligible to vote, the elector shall be provided
a provisional ballot as provided in s. 101.048.
(b) Confirms that the supervisor has not received
the elector’s vote-by-mail ballot, the elector shall be
allowed to vote in person as provided in this code. The
elector’s vote-by-mail ballot, if subsequently received,
shall not be counted and shall remain in the mailing
envelope, and the envelope shall be marked “Rejected
as Illegal.”
(c) Cannot determine whether the supervisor has
received the elector’s vote-by-mail ballot, the elector
may vote a provisional ballot as provided in s. 101.048.
(2) The supervisor shall allow an elector who has
received a vote-by-mail ballot to physically return a
voted vote-by-mail ballot to the supervisor by placing the
envelope containing his or her marked ballot in a secure
drop box. Secure drop boxes shall be placed at the main
office of the supervisor, at each branch office of the
supervisor, and at each early voting site. Secure drop
boxes may also be placed at any other site that would
otherwise qualify as an early voting site under s.
101.657(1); provided, however, that any such site
must be staffed during the county’s early voting hours
of operation by an employee of the supervisor’s office or
a sworn law enforcement officer.
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; s. 25, ch. 2016-37; s. 20, ch.
2019-162.
Note.—Former s. 101.11.
101.6921 Delivery of special vote-by-mail 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 vote-by-mail
ballot is mailed.
(2) The supervisor shall enclose with each vote-by-
mail 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.
☐ 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
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
(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; s. 26, ch.
2016-37.
101.6923 Special vote-by-mail ballot instruc-
tions 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 vote-by-mail
ballot is mailed.
(2) A voter covered by this section shall be provided
with printed instructions with his or her vote-by-mail
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 vote-by-mail 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. However,
if you are an overseas voter casting a ballot in a
presidential preference primary or general election, your
vote-by-mail ballot must be postmarked or dated no
later than the date of the election and received by the
supervisor of elections of the county in which you are
registered to vote no later than 10 days after 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.
c. A vote-by-mail ballot will be considered illegal and
will not be counted if the signature on the Voter’s
Certificate does not match the signature on record. The
signature on file at the start of the canvass of the vote-
by-mail ballots is the signature that will be used to verify
your signature on the Voter’s Certificate. If you need to
update your signature for this election, send your
signature update on a voter registration application to
your supervisor of elections so that it is received before
your vote-by-mail ballot is received.
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 passport; debit or credit card;
military identification; student identification; retirement
center identification; neighborhood association identifi-
cation; public assistance identification; veteran health
identification card issued by the United States Depart-
ment of Veterans Affairs; a Florida license to carry a
concealed weapon or firearm; or an employee identifi-
cation card issued by any branch, department, agency,
or entity of the Federal Government, the state, a county,
or a municipality; or
b. Identification which shows your name and current
residence address: current utility bill, bank statement,
government check, paycheck, or government document
(excluding voter information 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; s. 41, ch. 2011-40; s. 16, ch. 2013-57; s. 27, ch.
2016-37; s. 4, ch. 2016-167; s. 34, ch. 2019-162.
101.6925 Canvassing special vote-by-mail bal-
lots.—
(1) The supervisor of the county where the absent
elector resides shall receive the voted special vote-by-
mail 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
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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 vote-by-mail 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
Voter’s 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
has received the required identification or written
indication of exemption by 7 p.m. on election day.
History.—s. 24, ch. 2003-415; s. 28, ch. 2016-37.
101.694 Mailing of ballots upon receipt of fed-
eral postcard application.—
(1) Upon receipt of a federal postcard application for
a vote-by-mail 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
a vote-by-mail 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) Vote-by-mail envelopes printed for voters en-
titled to vote by mail 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 vote-
by-mail ballots and other materials such as instructions
and envelopes are to be carried via air mail, and, to the
maximum extent possible, such ballots and materials
shall be reduced in size and weight of paper. The same
ballot shall be used, however, as is used by other vote-
by-mail 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; s. 29, ch. 2016-37.
101.6951 State write-in vote-by-mail ballot.—
(1) An overseas voter may request, not earlier than
180 days before a general election, a state write-in vote-
by-mail 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 a vote-by-mail ballot during the normal
vote-by-mail voting period. State write-in vote-by-mail
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 vote-
by-mail 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 vote-by-mail ballot shall con-
tain all offices, federal, state, and local, for which the
voter would otherwise be entitled to vote.
History.—s. 48, ch. 2001-40; s. 30, ch. 2016-37.
101.6952 Vote-by-mail ballots for absent uni-
formed services and overseas voters.—
(1) If an absent uniformed services voter’s or an
overseas voter’s request for an official vote-by-mail
ballot pursuant to s. 101.62 includes an e-mail address,
the supervisor of elections shall:
(a) Record the voter’s e-mail address in the vote-by-
mail ballot record;
(b) Confirm by e-mail that the vote-by-mail ballot
request was received and include in that e-mail the
estimated date the vote-by-mail ballot will be sent to the
voter; and
(c) Notify the voter by e-mail when the voted vote-
by-mail ballot is received by the supervisor of elections.
(2)(a) An absent uniformed services voter or an
overseas voter who makes timely application for but
does not receive an official vote-by-mail ballot may use
the federal write-in absentee ballot to vote in any
federal, state, or local election.
(b)1. In an election for federal office, an elector may
designate a candidate by writing the name of a
candidate on the ballot. Except for a primary or special
primary election, the elector may alternatively designate
a candidate by writing the name of a political party on
the ballot. A written designation of the political party
shall be counted as a vote for the candidate of that party
if there is such a party candidate in the race.
2. In a state or local election, an elector may vote in
the section of the federal write-in absentee ballot
designated for nonfederal races by writing on the ballot
the title of each office and by writing on the ballot the
name of the candidate for whom the elector is voting.
Except for a primary, special primary, or nonpartisan
election, the elector may alternatively designate a
candidate by writing the name of a political party on
the ballot. A written designation of the political party
shall be counted as a vote for the candidate of that party
if there is such a party candidate in the race. In addition,
the elector may vote on any ballot measure presented in
such election by identifying the ballot measure on which
he or she desires to vote and specifying his or her vote
on the measure. For purposes of this section, a vote
cast in a judicial merit retention election shall be treated
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
in the same manner as a ballot measure in which the
only allowable responses are “Yes” or “No.”
(c) In the case of a joint candidacy, such as for the
offices of President/Vice President or Governor/Lieute-
nant Governor, a valid vote for one or both qualified
candidates on the same ticket shall constitute a vote for
the joint candidacy.
(d) For purposes of this subsection and except
when the context clearly indicates otherwise, such as
when a candidate in the election is affiliated with a
political party whose name includes the word “Indepen-
dent,” “Independence,” or a similar term, a voter
designation of “No Party Affiliation” or “Independent,”
or any minor variation, misspelling, or abbreviation
thereof, shall be considered a designation for the
candidate, other than a write-in candidate, who qualified
to run in the race with no party affiliation. If more than
one candidate qualifies to run as a candidate with no
party affiliation, the designation may not count for any
candidate unless there is a valid, additional designation
of the candidate’s name.
(e) Any abbreviation, misspelling, or other minor
variation in the form of the name of an office, the name
of a candidate, the ballot measure, or the name of a
political party must be disregarded in determining the
validity of the ballot.
(3)(a) An absent uniformed services voter or an
overseas voter who submits a federal write-in absentee
ballot and later receives an official vote-by-mail ballot
may submit the official vote-by-mail ballot. An elector
who submits a federal write-in absentee ballot and later
receives and submits an official vote-by-mail ballot
should make every reasonable effort to inform the
appropriate supervisor of elections that the elector
has submitted more than one ballot.
(b) A federal write-in absentee ballot may not be
canvassed until 7 p.m. on the day of the election. A
federal write-in absentee ballot from an overseas voter
in a presidential preference primary or general election
may not be canvassed until the conclusion of the 10-day
period specified in subsection (5). Each federal write-in
absentee ballot received by 7 p.m. on the day of the
election shall be canvassed pursuant to ss. 101.5614(4)
and 101.68, unless the elector’s official vote-by-mail
ballot is received by 7 p.m. on election day. Each federal
write-in absentee ballot from an overseas voter in a
presidential preference primary or general election
received by 10 days after the date of the election
shall be canvassed pursuant to ss. 101.5614(4) and
101.68, unless the overseas voter’s official vote-by-mail
ballot is received by 10 days after the date of the
election. If the elector’s official vote-by-mail ballot is
received by 7 p.m. on election day, or, for an overseas
voter in a presidential preference primary or general
election, no later than 10 days after the date of the
election, the federal write-in absentee ballot is invalid
and the official vote-by-mail ballot shall be canvassed.
The time shall be regulated by the customary time in
standard use in the county seat of the locality.
(4) For vote-by-mail ballots received from absent
uniformed 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.
(5) A vote-by-mail ballot from an overseas voter in
any presidential preference primary or general election
which is postmarked or dated no later than the date of
the election and is received by the supervisor of
elections of the county in which the overseas voter is
registered no later than 10 days after the date of the
election shall be counted as long as the vote-by-mail
ballot is otherwise proper.
History.—s. 49, ch. 2001-40; s. 6, ch. 2004-232; s. 9, ch. 2010-167; s. 1, ch.
2011-162; s. 17, ch. 2013-57; s. 1, ch. 2015-40; s. 31, ch. 2016-37; s. 9, ch.
2018-112.
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 a vote-by-
mail ballot or a voted vote-by-mail ballot by secure
facsimile machine transmission or other secure elec-
tronic 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; s. 51, ch. 2005-277; s. 32, ch. 2016-37.
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
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
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F.S. 2019 VOTING METHODS AND PROCEDURE Ch. 101
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.
(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, re-
gardless of the age of the building or function of the
building, include:
(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
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 declaring a state of emergency or impending
emergency, suspend or delay any election. The
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2019
Governor 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 suspend-
ed 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
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. 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; s. 42, ch. 2011-40.
Note.—Former s. 104.451.
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F.S. 2019 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
CHAPTER 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
102.012 Inspectors and clerks to conduct elections.
102.014 Poll worker recruitment and training.
102.021 Compensation of inspectors, clerks, and
deputy sheriffs.
102.031 Maintenance of good order at polls; autho-
rities; persons allowed in polling rooms
and early voting areas; unlawful solicita-
tion of voters.
102.071 Tabulation of votes and proclamation of
results.
102.091 Duty of sheriff to watch for violations;
appointment of special officers.
102.101 Sheriff and other officers not allowed in
polling place.
102.111 Elections Canvassing Commission.
102.112 Deadline for submission of county returns
to the Department of State.
102.121 Elections Canvassing Commission to issue
certificates.
102.131 Returns before canvassing commission.
102.141 County canvassing board; duties.
102.151 County canvassing board to issue certifi-
cates; supervisor to give notice to De-
partment of State.
102.155 Certificate of election.
102.166 Manual recounts of overvotes and under-
votes.
102.168 Contest of election.
102.1682 Judgment of ouster; revocation of commis-
sion; judgment setting aside referendum.
102.1685 Venue.
102.169 Quo warranto not abridged.
102.171 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
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 that 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; s. 4, ch. 2011-4.
Note.—Former s. 99.03.
102.014 Poll worker recruitment and training.
(1) The supervisor of elections shall conduct train-
ing 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
responsibilities 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 proce-
dures, and problem-solving and conflict-resolution
skills.
(2) A person who has attended previous training
conducted within 2 years before the election may be
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2019
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 responsi-
ble for training inspectors and clerks, subject to the
following 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
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
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F.S. 2019 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
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, or other group
or organization may solicit voters inside the polling place
or within 150 feet of the entrance to any polling place, a
polling room where the polling place is also a polling
room, an early voting site, or an office of the supervisor
where vote-by-mail ballots are requested and printed on
demand for the convenience of electors who appear in
person to request them. 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” may 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
150-foot zone surrounding the polling place.
(d) Except as provided in paragraph (a), the super-
visor may not designate a no-solicitation zone or
otherwise restrict access to any person, political com-
mittee, candidate, or other group or organization for the
purposes of soliciting voters. This paragraph applies to
any public or private property used as a polling place or
early voting site.
(e) The owner, operator, or lessee of the property
on which a polling place or an early voting site is located,
or an agent or employee thereof, may not prohibit the
solicitation of voters outside of the no-solicitation zone
during polling hours.
(5) No photography is permitted in the polling room
or early voting area, except an elector may photograph
his or her own ballot.
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; s. 18, ch. 2013-37; s. 18, ch. 2013-57; s. 33,
ch. 2016-37; s. 1, ch. 2017-3; ss. 11, 35, ch. 2019-162.
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.
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.
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2019
(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
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. 2008-95; 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
unable to determine the true vote for any office,
nomination, 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 look 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
or 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 com-
posed of the supervisor of elections; a county court
judge, who shall act as chair; and the chair of the board
of county commissioners. Alternate canvassing board
members must be appointed pursuant to paragraph (e).
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:
(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 or alternate member
cannot be appointed as provided elsewhere in this
subsection, or in the event of a vacancy in such office,
the chief judge of the judicial circuit in which the county
is located shall appoint as a substitute member or
alternate 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 canvassed.
(e)1. The chief judge of the judicial circuit in which
the county is located shall appoint a county court judge
as an alternate member of the county canvassing board
or, if each county court judge is unable to serve or is
disqualified, shall appoint an alternate member who is
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F.S. 2019 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
qualified to serve as a substitute member under
paragraph (a).
2. The chair of the board of county commissioners
shall appoint a member of the board of county
commissioners as an alternate member of the county
canvassing board or, if each member of the board of
county commissioners is unable to serve or is disqua-
lified, shall appoint an alternate member who is qualified
to serve as a substitute member under paragraph (d).
3. If a member of the county canvassing board is
unable to participate in a meeting of the board, the chair
of the county canvassing board or his or her designee
shall designate which alternate member will serve as a
member of the board in the place of the member who is
unable to participate at that meeting.
4. If not serving as one of the three members of the
county canvassing board, an alternate member may be
present, observe, and communicate with the three
members constituting the county canvassing board,
but may not vote in the board’s decisions or determina-
tions.
(2)(a) 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 to publicly canvass the absent
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. As soon as the absent
electors’ ballots and the provisional ballots are can-
vassed, the board shall proceed to publicly canvass the
vote given each candidate, nominee, constitutional
amendment, or other measure submitted to the electo-
rate of the county, as shown by the returns then on file in
the office of the supervisor.
(b) Public notice of the time and place at which the
county canvassing board shall meet to canvass the
absent electors’ ballots and provisional ballots must be
given at least 48 hours prior thereto by publication on
the supervisor’s website and published 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 conspic-
uous places in the county. The time given in the notice
as to the convening of the meeting of the county
canvassing board must be specific and may not be a
time period during which the board may meet.
(c) If the county canvassing board suspends or
recesses a meeting publicly noticed pursuant to para-
graph (b) for a period lasting more than 60 minutes, the
board must post on the supervisor’s website the
anticipated time at which the board expects to recon-
vene. If the county canvassing board does not recon-
vene at the specified time, the board must provide at
least 2 hours’ notice, which must be posted on the
supervisor’s website, before reconvening.
(d) During any meeting of the county canvassing
board, a physical notice must be placed in a conspic-
uous area near the public entrance to the building in
which the meeting is taking place. The physical notice
must include the names of the individuals officially
serving as the county canvassing board, the names of
any alternate members, the time of the meeting, and a
brief statement as to the anticipated activities of the
county canvassing board.
(3) The canvass, except the canvass of absent
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)(a) The supervisor of elections shall upload into
the county’s election management system by 7 p.m. on
the day before the election the results of all early voting
and vote-by-mail ballots that have been canvassed and
tabulated by the end of the early voting period. Pursuant
to ss. 101.5614(8), 101.657, and 101.68(2), the tabula-
tion of votes cast or the results of such uploads may not
be made public before the close of the polls on election
day.
(b) The canvassing board shall report all early
voting and all tabulated vote-by-mail results to the
Department of State within 30 minutes after the polls
close. Thereafter, the canvassing board shall report,
with the exception of provisional ballot results, updated
precinct election results to the department at least every
45 minutes until all results are completely reported. The
supervisor of elections shall notify the department
immediately of any circumstances that do not permit
periodic updates as required. Results shall be submitted
in a format prescribed 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
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2019
(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
filed 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 less of the votes
cast on the question of retention, or that a measure
appearing 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
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 less 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(4). 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
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-
cials.
(9) Each member, substitute member, and alternate
member of the county canvassing board and all clerical
help must wear identification badges during any period
in which the county canvassing board is canvassing
votes or engaging in other official duties. The identifica-
tion badges should be worn in a conspicuous and
unobstructed area, and include the name of the
individual and his or her official position.
(10)(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
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F.S. 2019 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
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.
(11) 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. 84-302; 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; s. 43, ch. 2011-40; s. 19, ch. 2013-57; s. 34, ch.
2016-37; s. 10, ch. 2018-112; s. 36, ch. 2019-162.
Note.—Former s. 102.45.
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
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-
mitted 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; RS 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) 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 identifying and sorting overvotes and under-
votes in multiple races while simultaneously counting
votes. Overvotes and undervotes must be identified and
sorted while recounting ballots pursuant to s. 102.141.
(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 the federal write-in absentee ballot and for each
certified voting system prescribing what constitutes a
“clear indication on the ballot that the voter has made a
definite choice.” The rules shall be consistent, to the
extent practicable, and may not:
1. Authorize the use of any electronic or electro-
mechanical reading device to review a hybrid voting
system ballot that is produced using a voter interface
device and that contains both machine-readable fields
and machine-printed text of the contest titles and voter
selections, unless the printed text is illegible;
2. Exclusively provide that the voter must properly
mark or designate his or her choice on the ballot; or
3. 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.”
(c) The rule for the federal write-in absentee ballot
must address, at a minimum, the following issues:
1. The appropriate lines or spaces for designating
a candidate choice and, for state and local races, the
office or ballot measure to be voted, including the
proximity of each to the other and the effect of
intervening blank lines.
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2019
2. The sufficiency of designating a candidate’s first
or last name when no other candidate in the race has
the same or a similar name.
3. The sufficiency of designating a candidate’s first
or last name when an opposing candidate has the same
or a similar name, notwithstanding generational suffixes
and titles such as “Jr.,” “Sr.,” or “III.” The rule should
contemplate the sufficiency of additional first names and
first initials, middle names and middle initials, genera-
tional suffixes and titles, nicknames, and, in general
elections, the name or abbreviation of a political party.
4. Candidate designations containing both a qua-
lified candidate’s name and a political party, including
those in which the party designated is the candidate’s
party, is not the candidate’s party, has an opposing
candidate in the race, or does not have an opposing
candidate in the race.
5. Situations where the abbreviation or name of a
candidate is the same as the abbreviation or name of a
political party to which the candidate does not belong,
including those in which the party designated has
another candidate in the race or does not have a
candidate in the race.
6. The use of marks, symbols, or language, such
as arrows, quotation marks, or the word “same” or
“ditto,” to indicate that the same political party designa-
tion applies to all listed offices or the elector’s approval
or disapproval of all listed ballot measures.
7. Situations in which an elector designates the
name of a qualified candidate for an incorrect office.
8. Situations in which an elector designates an
otherwise correct office name that includes an incorrect
district number.
(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(4) 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; s. 3, ch. 2011-162; s. 2, ch. 2015-40; s. 11, ch.
2018-112; s. 37, ch. 2019-162.
Note.—Former s. 100.25; s. 101.57.
102.168 Contest of election.—
(1) Except as provided in s. 102.171, the certifica-
tion 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.
(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
canvassing 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 canvassing board responsible for canvas-
sing the election is an indispensable party defendant in
county and local elections. The Elections Canvassing
Commission is an indispensable party defendant in
federal, state, and multicounty elections and in elections
for justice of the Supreme Court, judge of a district court
of appeal, and judge of a circuit court. 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
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F.S. 2019 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
an answer is not filed within the time prescribed, 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.
(8) In any contest that requires a review of the
canvassing board’s decision on the legality of a provi-
sional or vote-by-mail ballot pursuant to s. 101.048 or s.
101.68 based upon a comparison of the signature of the
elector in the registration records with the signature on
the provisional or vote-by-mail voter’s certificate or the
provisional or vote-by-mail cure affidavit, the circuit
court may not review or consider any evidence other
than the signature of the elector in the registration
records, the signature on the respective voter’s certifi-
cate or cure affidavit, and any supporting identification
that the elector submitted with the cure affidavit. The
court’s review of such issue shall be to determine only if
the canvassing board abused its discretion in making its
decision.
History.—ss. 7, 8, Art. 10, ch. 38, 1845; RS 199; GS 283; RGS 379; CGL 444; 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; s. 44, ch. 2011-40;
s. 35, ch. 2016-37; s. 38, ch. 2019-162.
Note.—Former s. 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
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.
History.—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.—Former s. 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.—Former s. 99.202; 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.
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.
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2019
CHAPTER 103
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES
AND MEMBERS
103.011 Electors of President and Vice President.
103.021 Nomination for presidential electors.
103.022 Write-in candidates for President and Vice
President.
103.051 Congress sets meeting dates of electors.
103.061 Meeting of electors and filling of vacancies.
103.062 Plurality of votes to fill vacancy; proceeding
in case of tie.
103.071 Compensation of electors.
103.081 Use of party name; political advertising.
103.091 Political parties.
103.092 Affiliated party committees.
103.095 Minor political parties.
103.101 Presidential preference primary.
103.121 Powers and duties of executive committees.
103.131 Political party offices deemed vacant in
certain cases.
103.141 Removal of county executive committee
member for violation of oath.
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, 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. 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
United States may have the names of its candidates for
President 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 that is
registered with and recognized as a qualified national
committee of a political party by the Federal Election
Commission.
(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
United States may have the names of its candidates for
President and Vice President printed on the general
election ballot if a petition is signed by 1 percent of the
registered electors of this state, as shown by the
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F.S. 2019 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
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; s. 45, ch. 2011-40.
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 288; 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
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.—Former s. 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 shall 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
parties and organizations which are chartered by the
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2019
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.
(4) Notwithstanding any other provision of law to the
contrary, an affiliated party committee shall be entitled
to use the name, abbreviation, or symbol of the political
party of its leader as defined in s. 103.092.
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; ss. 1, 30, ch.
2011-6; HJR 7105, 2011 Regular Session.
Note.—Former s. 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
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
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F.S. 2019 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
the following elected officials who are members of that
political party shall be appointed and shall have the
following votes:
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.
103.092 Affiliated party committees.—
(1) For purposes of this section, the term “leader”
means the President of the Senate, the Speaker of the
House of Representatives, or the minority leader of
either house of the Legislature, until a person is
designated by a political party conference of members
of either house to succeed to any such position, at which
time the designee becomes the leader for purposes of
this section.
(2) The leader of each political party conference of
the House of Representatives and the Senate may
establish a separate, affiliated party committee to
support the election of candidates of the leader’s
political party. The affiliated party committee is subject
to the same provisions of chapter 106 as a political
party.
(3) Each affiliated party committee shall:
(a) Adopt bylaws to include, at a minimum, the
designation of a treasurer.
(b) Conduct campaigns for candidates who are
members of the leader’s political party.
(c) Establish an account.
(d) Raise and expend funds. Such funds may not be
expended or committed to be expended except when
authorized by the leader of the affiliated party commit-
tee.
History.—ss. 2, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
103.095 Minor political parties.—
(1) Any group of citizens organized for the general
purposes of electing to office qualified persons and
determining public issues under the democratic pro-
cesses 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 and addresses of its current officers, including
the members of its executive committee, accompanied
by a completed uniform statewide voter registration
application as specified in s. 97.052 for each of its
current officers and members of its executive committee
which reflect their affiliation with the proposed minor
political party, and a copy of its constitution, bylaws, and
rules and regulations.
(2) Each elector registered to vote in the minor
political party in which he or she has so designated has
a fundamental right to fully and meaningfully participate
in the business and affairs of the minor political party
without any monetary encumbrance. The constitution,
bylaws, rules, regulations, or other equivalent docu-
ments must reflect this fundamental right and must
provide for and contain reasonable provisions that, at a
minimum, prescribe procedures to: prescribe its mem-
bership; conduct its meetings according to generally
accepted parliamentary practices; timely notify its
members as to the time, date, and place of all of its
meetings; timely publish notice on its public and
functioning website as to the time, date, and place of
all of its meetings; elect its officers; remove its officers;
make party nominations when required by law; conduct
campaigns for party nominees; raise and expend party
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2019
funds; select delegates to its national convention, if
applicable; select presidential electors, if applicable;
and alter or amend all of its governing documents.
(3) The members of the executive committee must
elect a chair, vice chair, secretary, and treasurer, all of
whom shall be members of the minor political party, and
no member may hold more than one office, except that
one person may hold the offices of secretary and
treasurer.
(4) Upon approval of the minor political party’s filing,
the department shall process the voter registration
applications submitted by the minor political party’s
officers and members of its executive committee. It shall
be the duty of the minor political party to notify the
department of any changes in the filing certificate within
5 days after such changes.
(5) The Division of Elections shall adopt rules to
prescribe the manner in which political parties, including
minor political parties, may have their filings with the
Department of State canceled. Such rules shall, at a
minimum, provide for:
(a) Notice, which must contain the facts and con-
duct that warrant the intended action, including, but not
limited to, the failure to have any voters registered in the
party, the failure to notify the department of replacement
officers, the failure to file campaign finance reports, the
failure to adopt and file with the department all govern-
ing documents containing the provisions specified in
subsection (2), and limited activity.
(b) Adequate opportunity to respond.
(c) Appeal of the decision to the Florida Elections
Commission. Such appeals are exempt from the con-
fidentiality provisions of s. 106.25.
(6) The requirements of this section are retroactive
for any minor political party registered with the depart-
ment on July 1, 2011, and must be complied with within
180 days after the department provides notice to the
minor political party of the requirements contained in
this section. Failure of the minor political party to comply
with the requirements within 180 days after receipt of
the notice shall automatically result in the cancellation of
the minor political party’s registration.
History.—s. 46, ch. 2011-40.
103.101 Presidential preference primary.—
(1) Each political party other than a minor political
party shall, at the presidential preference primary, elect
one person to be the party’s candidate for nomination
for President of the United States or select delegates to
the party’s national nominating convention, as provided
by party rule. The presidential preference primary shall
be held on the third Tuesday in March of each
presidential election year. Any party rule directing the
vote of delegates at a national nominating convention
shall reasonably reflect the results of the presidential
preference primary, if one is held.
(2) By November 30 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 not later than on the first Tuesday after the
first Monday in December of the year preceding the
presidential preference primary. The Department of
State shall immediately notify each presidential candi-
date listed by the Secretary of State. 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, prior to the
second Tuesday after the first Monday in December of
the year preceding the presidential preference primary,
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
December of the year preceding the presidential
preference primary, certify to each supervisor of elec-
tions the name of each candidate for political party
nomination 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 prefer-
ence 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 60 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.
(6) All names of candidates or delegates shall be
listed as directed by the Department of State.
History.—s. 3, ch. 6469, 1913; RGS 301; CGL 357; 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. 67-353; 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; s. 47, ch. 2011-40; s. 28, ch. 2012-116; s. 20, ch. 2013-57; s. 1,
ch. 2015-5.
Note.—Former ss. 102.03, 102.72.
103.121 Powers and duties of executive com-
mittees.—
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F.S. 2019 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
(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.
(b) The county executive committee shall receive
payment of assessments upon candidates to be voted
for in a single county except state senators, state
representatives, and representatives to the Congress
of the United States; an affiliated party committee
controlled by a leader of the Senate as defined in s.
103.092 shall receive payment of assessments upon
candidates for the office of state senator, and an
affiliated party committee controlled by a leader of the
House of Representatives as defined in s. 103.092 shall
receive payment of assessments upon candidates for
the office of state representative; and the state execu-
tive 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 assessments shall be
remitted to the state executive committee of the
appropriate party and distributed in accordance with
subsection (5), except that assessments for candidates
for the office of state senator or state representative
shall be remitted to the appropriate affiliated party
committee.
(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
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. 1, ch. 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; ss. 3, 30, ch. 2011-6; HJR 7105,
2011 Regular Session.
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.—If 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 is guilty
of an offense involving a violation of the member’s oath
of office, the member shall be removed from office and
the office shall be deemed vacant. However, if the
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2019
county committee wrongfully removes a county com-
mittee member and the committee member wrongfully
removed files suit in the circuit court alleging his or her
removal was wrongful and wins the suit, the committee
member shall be restored to office and the county
committee shall pay the costs incurred by the wrongfully
removed committee member in bringing the suit,
including reasonable attorney’s fees.
History.—s. 10, ch. 67-353; s. 611, ch. 95-147; s. 37, ch. 2007-30; s. 48, ch.
2011-40.
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F.S. 2019 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
CHAPTER 104
ELECTION CODE: VIOLATIONS; PENALTIES
104.011 False swearing; submission of false voter
registration information; prosecution pro-
hibited.
104.012 Consideration for registration; interference
with registration; soliciting registrations
for compensation; alteration of registra-
tion application.
104.013 Unauthorized use, possession, or destruc-
tion of voter information card.
104.031 False declaration to secure assistance in
preparing ballot.
104.041 Fraud in connection with casting vote.
104.045 Vote selling.
104.047 Vote-by-mail ballots and voting; violations.
104.051 Violations; neglect of duty; corrupt prac-
tices.
104.0515 Voting rights; deprivation of, or interference
with, prohibited; penalty.
104.061 Corruptly influencing voting.
104.0615 Voter intimidation or suppression prohib-
ited; criminal penalties.
104.0616 Vote-by-mail ballots and voting; violations.
104.071 Remuneration by candidate for services,
support, etc.; penalty.
104.081 Threats of employers to control votes of
employees.
104.091 Aiding, abetting, advising, or conspiring in
violation of the code.
104.101 Failure to assist officers at polls.
104.11 Neglect of duty by sheriff or other officer.
104.13 Intermingling ballots.
104.15 Unqualified electors willfully voting.
104.16 Voting fraudulent ballot.
104.17 Voting in person after casting vote-by-mail
ballot.
104.18 Casting more than one ballot at any elec-
tion.
104.185 Petitions; knowingly signing more than
once; signing another person’s name or
a fictitious name.
104.186 Initiative petitions; violations.
104.187 Initiative petitions; registration.
104.19 Using stickers or rubber stamps or carrying
certain items in voting booth; penalty.
104.20 Ballot not to be seen, and other offenses.
104.21 Changing electors’ ballots.
104.22 Stealing and destroying records, etc., of
election.
104.23 Disclosing how elector votes.
104.24 Penalty for assuming name.
104.26 Penalty for destroying ballot or booth, etc.
104.271 False or malicious charges against, or false
statements about, opposing candidates;
penalty.
104.2715 False representations of military service;
penalty.
104.29 Inspectors refusing to allow watchers while
ballots are counted.
104.30 Voting system; unlawful possession; tam-
pering.
104.31 Political activities of state, county, and
municipal officers and employees.
104.32 Supervisor of elections; delivery of books to
successor.
104.39 Witnesses as to violations.
104.41 Violations not otherwise provided for.
104.42 Fraudulent registration and illegal voting;
investigation.
104.43 Grand juries; special investigation.
104.011 False swearing; submission of false
voter registration information; prosecution prohib-
ited.—
(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.
(3) A person may not be charged or convicted for a
violation of this section for affirming that he or she has
not been convicted of a felony or that, if convicted, he or
she has had voting rights restored, if such violation is
alleged to have occurred on or after January 8, 2019,
but before July 1, 2019.
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; s. 26,
ch. 2019-162.
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.
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Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2019
(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.
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.—Former s. 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 ex-
change 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 Vote-by-mail ballots and voting; viola-
tions.—
(1) Except as provided in s. 101.62 or s. 101.655,
any person who requests a vote-by-mail 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.
101.051, s. 101.655, or s. 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; s. 36, ch. 2016-37.
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.
(5) Any supervisor who willfully violates any provi-
sion of the Florida Election Code is, upon a finding of
such violation by a court of competent jurisdiction,
prohibited from receiving the special qualification salary
pursuant to s. 145.09(3) for a period of 24 months,
dating from the time of the violation.
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; s. 39, ch. 2019-162.
104.0515 Voting rights; deprivation of, or inter-
ference with, prohibited; penalty.—
(1) All 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
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F.S. 2019 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
(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 vote-by-mail 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 vote-by-mail 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.
(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; s. 37, ch. 2016-37.
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, or s. 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
obstruct or delay the delivery of a voter registration form
or election ballot.
(5) A person who violates subsection (2), subsec-
tion (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 Vote-by-mail ballots and voting; viola-
tions.—
(1) For purposes of this section, the term “immedi-
ate family” means a person’s spouse or the parent,
child, grandparent, or sibling of the person or the
person’s spouse.
(2) 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 more than two vote-by-mail ballots per election
in addition to his or her own ballot or a ballot belonging to
an immediate family member, except as provided in ss.
101.6105-101.694, commits a misdemeanor of the first
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 53, ch. 2005-278; s. 21, ch. 2013-57; s. 8, ch. 2014-17; s. 38, ch.
2016-37.
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,
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Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2019
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
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 offender who 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 s. 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,
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, ch. 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. 36, ch. 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. 35, ch. 77-175.
Note.—Former ss. 99.20, 102.41.
104.17 Voting in person after casting vote-by-
mail ballot.—Any person who willfully votes or attempts
to vote both in person and by vote-by-mail 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. 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; s. 39, ch. 2016-37.
Note.—Former s. 101.11.
104.18 Casting more than one ballot at any
election.—Except as provided in s. 101.6952, whoever
willfully votes more than one ballot at any election
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F.S. 2019 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
commits 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; s. 37, ch. 71-136; s. 35, ch.
77-175; s. 4, ch. 2011-162.
104.185 Petitions; knowingly signing more than
once; signing another person’s name or a fictitious
name.—
(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.
1104.186 Initiative petitions; violations.—A per-
son who compensates a petition circulator as defined in
s. 97.021 based on the number of petition forms
gathered commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. This
section does not prohibit employment relationships that
do not base payment on the number of signatures
collected.
History.—s. 4, ch. 2019-64.
1Note.—Section 6, ch. 2019-64, provides that “[t]he provisions of this act apply to
all revisions or amendments to the State Constitution by initiative that are proposed
for the 2020 election ballot and each ballot thereafter; provided, however, that
nothing in this act affects the validity of any petition form gathered before the
effective date of this act or any contract entered into before the effective date of this
act.”
1104.187 Initiative petitions; registration.—A
person who violates s. 100.371(3) commits a misde-
meanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
History.—s. 5, ch. 2019-64.
1Note.—Section 6, ch. 2019-64, provides that “[t]he provisions of this act apply to
all revisions or amendments to the State Constitution by initiative that are proposed
for the 2020 election ballot and each ballot thereafter; provided, however, that
nothing in this act affects the validity of any petition form gathered before the
effective date of this act or any contract entered into before the effective date of this
act.”
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.
(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
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; RGS 360, 5913; CGL 417, 8177; s. 4, ch.
22014, 1943; s. 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.
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Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2019
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.
104.2715 False representations of military ser-
vice; penalty.—
(1) A candidate who, in a primary or other election,
falsely represents, directly or indirectly, that he or she
served or is currently serving in the military, whether
active duty, reserve, or National Guard, commits a
violation of the Florida Election Code.
(2) Any person may file a complaint with the Florida
Elections Commission pursuant to s. 106.25 alleging a
violation of subsection (1).
(3) The commission shall adopt rules to provide an
expedited hearing of complaints filed under subsection
(2), or, in cases referred to the Division of Administrative
Hearings pursuant to s. 106.25(5), the director shall
assign an administrative law judge to provide an
expedited hearing.
(4) Notwithstanding any other law, the commission
or administrative law judge shall assess a civil penalty of
up to $5,000 against any candidate who is found to have
violated subsection (1), which shall be deposited into
the General Revenue Fund.
History.—s. 1, ch. 2011-148.
104.29 Inspectors refusing to allow watchers
while ballots are counted.—The inspectors or other
election officials at the polling place shall, after the polls
close, allow as many as three persons near to them to
see whether the ballots are being reconciled correctly.
Any official who denies this privilege or interferes
therewith commits 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; s. 50, ch. 2011-40.
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
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,
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F.S. 2019 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
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
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; s. 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
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.
105
Ch. 105 NONPARTISAN ELECTIONS F.S. 2019
CHAPTER 105
NONPARTISAN ELECTIONS
105.011 Definitions.
105.031 Qualification; filing fee; candidate’s oath;
items required to be filed.
105.035 Petition process of qualifying for certain
judicial offices and the office of school
board member.
105.036 Initiative for method of selection for circuit or
county court judges; procedures for place-
ment on ballot.
105.041 Form of ballot.
105.051 Determination of election or retention to
office.
105.061 Electors qualified to vote.
105.071 Candidates for judicial office; limitations on
political activity.
105.08 Campaign contribution and expense; report-
ing.
105.09 Political activity in behalf of a candidate for
judicial office limited.
105.10 Applicability of election code.
105.101 Effect of revision of county court judge
selection method.
105.102 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
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 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; that he or she has resigned from any office which
he or she is required to resign pursuant to s. 99.012,
Florida Statutes; and that he or she will support the
Constitution of the United States and the Constitution of
the State of Florida.
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F.S. 2019 NONPARTISAN ELECTIONS Ch. 105
(Signature of candidate)
(Address)
Sworn to and subscribed before me this __ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering 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.
(Signature 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.
(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; s. 51, ch. 2011-40.
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
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Ch. 105 NONPARTISAN ELECTIONS F.S. 2019
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) 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
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 pur-
suant 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; s. 25, ch. 2019-3.
105.041 Form of ballot.—
(1) BALLOTS.—The names of candidates for non-
partisan office which appear on the ballot at the primary
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F.S. 2019 NONPARTISAN ELECTIONS Ch. 105
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 ballot.
(2) LISTING OF CANDIDATES.—The order of
nonpartisan 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) 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
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 less 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 not:
(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
candidate’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.
A candidate for judicial office or retention therein who
violates the provisions of this section is liable for a civil
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Ch. 105 NONPARTISAN ELECTIONS F.S. 2019
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 organiza-
tion shall endorse, support, or assist any candidate in a
campaign for election to judicial office.
(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. 99-355.
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.
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
CHAPTER 106
CAMPAIGN FINANCING
106.011 Definitions.
106.021 Campaign treasurers; deputies; primary
and secondary depositories.
106.022 Appointment of a registered agent; duties.
106.023 Statement of candidate.
106.025 Campaign fund raisers.
106.03 Registration of political committees and
electioneering communications organi-
zations.
106.05 Deposit of contributions; statement of cam-
paign treasurer.
106.055 Valuation of in-kind contributions.
106.06 Treasurer to keep records; inspections.
106.07 Reports; certification and filing.
106.0701 Solicitation of contributions on behalf of s.
527 or s. 501(c)(4) organizations; report-
ing requirements; civil penalty; exemp-
tion.
106.0702 Reporting; political party executive commit-
tee candidates.
106.0703 Electioneering communications organiza-
tions; reporting requirements; certifica-
tion and filing; penalties.
106.0705 Electronic filing of campaign treasurer’s
reports.
106.0706 Electronic filing of campaign finance re-
ports; public records exemption.
106.071 Independent expenditures; electioneering
communications; reports; disclaimers.
106.075 Elected officials; report of loans made in
year preceding election; limitation on
contributions to pay loans.
106.08 Contributions; limitations on.
106.087 Independent expenditures; contribution
limits; restrictions on political parties
and political committees.
106.088 Independent expenditures; contribution
limits; restrictions on affiliated party com-
mittees.
106.09 Cash contributions and contribution by
cashier’s checks.
106.11 Expenses of and expenditures by candi-
dates and political committees.
106.113 Expenditures by local governments.
106.12 Petty cash funds allowed.
106.125 Credit cards; conditions on use.
106.14 Utilities; deposits; prior authorization.
106.1405 Use of campaign funds.
106.141 Disposition of surplus funds by candidates.
106.143 Political advertisements circulated prior to
election; requirements.
106.1435 Usage and removal of political campaign
advertisements.
106.1437 Miscellaneous advertisements.
106.1439 Electioneering communications; disclai-
mers.
106.147 Telephone solicitation; disclosure require-
ments; prohibitions; exemptions; penal-
ties.
106.1475 Telephone solicitation; registered agent
requirements; penalty.
106.15 Certain acts prohibited.
106.16 Limitation on certain rates and charges.
106.161 Air time available at the lowest unit rate.
106.165 Use of closed captioning and descriptive
narrative in all television broadcasts.
106.17 Polls and surveys relating to candidacies.
106.18 When a candidate’s name to be omitted
from ballot.
106.19 Violations by candidates, persons con-
nected with campaigns, and political
committees.
106.191 Signatures gathered for initiative petition;
effect of ch. 97-13.
106.21 Certificates of election not to be issued
upon conviction.
106.22 Duties of the Division of Elections.
106.23 Powers of the Division of Elections.
106.24 Florida Elections Commission; member-
ship; powers; duties.
106.25 Reports of alleged violations to Florida
Elections Commission; disposition of
findings.
106.26 Powers of commission; rights and respon-
sibilities of parties; findings by commis-
sion.
106.265 Civil penalties.
106.27 Determinations by commission; legal dis-
position.
106.28 Limitation of actions.
106.29 Reports by political parties and affiliated
party committees; restrictions on contri-
butions and expenditures; penalties.
106.295 Leadership fund.
106.30 Short title.
106.31 Legislative intent.
106.32 Election Campaign Financing Trust Fund.
106.33 Election campaign financing; eligibility.
106.34 Expenditure limits.
106.35 Distribution of funds.
106.353 Candidates voluntarily abiding by election
campaign financing limits but not re-
questing public funds; irrevocable state-
ment required; penalty.
106.355 Nonparticipating candidate exceeding lim-
its.
106.36 Penalties; fines.
106.011 Definitions.—As used in this chapter, the
following terms have the following meanings unless the
context clearly indicates otherwise:
(1) “Campaign fund raiser” means an affair held to
raise funds to be used in a campaign for public office.
(2) “Campaign treasurer” means an individual ap-
pointed by a candidate or political committee as
provided in this chapter.
(3) “Candidate” means a person to whom any of the
following applies:
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
(a) A person who seeks to qualify for nomination or
election by means of the petitioning process.
(b) A person who seeks to qualify for election as a
write-in candidate.
(c) A 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) A person who appoints a treasurer and desig-
nates a primary depository.
(e) A 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. Expenditures
related to potential candidate polls as provided in s.
106.17 are not contributions or expenditures for pur-
poses of this subsection.
(4) “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 is 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 the costs of tele-
phones incurred by a volunteer for use of telephones by
such volunteer; however, with respect to the Internet, an
expenditure is 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.
(5) “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 electioneering communications organizations,
or between any combination of these groups.
(c) The payment, by a person other than a candi-
date 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 interest earned on
such account or certificate.
Notwithstanding the foregoing meanings of “contribu-
tion,” the term may not be construed to include services,
including, but not limited to, legal and accounting
services, provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
candidate or political committee or editorial endorse-
ments.
(6) “Division” means the Division of Elections of the
Department of State.
(7) “Election” means a 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, selecting a member of a political
party executive committee, or submitting an issue to the
electors for their approval or rejection.
(8)(a) “Electioneering communication” means com-
munication 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,
newspaper, magazine, direct mail, telephone, or state-
ment or depiction by an organization, in existence
before the time during which a candidate named or
depicted qualifies for that election, made in that
organization’s newsletter, which newsletter is distribu-
ted only to members of that organization.
2. A communication in a news story, commentary,
or editorial distributed through the facilities of a radio
station, television station, cable television system, or
satellite system, unless the facilities are owned or
controlled by a political party, political committee, or
candidate. A news story distributed through the facilities
owned or controlled by a 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 de-
bate 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
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
(II) 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 is not considered a contribution to or
on behalf of any candidate.
(d) For purposes of this chapter, an electioneering
communication does not constitute an independent
expenditure and is not subject to the limitations applic-
able to independent expenditures.
(9) “Electioneering communications organization”
means any group, other than a political party, affiliated
party committee, or political committee, whose election-
related activities are limited to making expenditures for
electioneering communications or accepting contribu-
tions for the purpose of making electioneering commu-
nications and whose activities would not otherwise
require the group to register as a political party or
political committee under this chapter.
(10)(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
or 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 before the time
during which a candidate qualifies or an issue is placed
on the ballot for that election, for the purpose of printing
or 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.
(11) “Filing officer” means the person before whom a
candidate qualifies or the agency or officer with whom a
political committee or an electioneering communica-
tions organization registers.
(12)(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,
or 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 is not
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 the political party, an affiliated party
committee, a political committee, or any other person
is not 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 a 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;
2. Makes a payment in cooperation, consultation,
or concert with, at the request or suggestion of, or
pursuant to a 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;
3. Makes a payment for the dissemination, dis-
tribution, or republication, in whole or in part, of a
broadcast or a written, graphic, or other form of
campaign material prepared by the candidate, the
candidate’s campaign, or an agent of the candidate,
including a pollster, media consultant, advertising
agency, vendor, advisor, or staff member;
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;
5. After the last day of the qualifying period
prescribed for the candidate, consults about the candi-
date’s plans, projects, or needs in connection with the
candidate’s pursuit of election to office and the informa-
tion is used in any way to plan, create, design, or
prepare an independent expenditure or advertising
campaign, with:
a. An officer, director, employee, or agent of a
national, state, or county executive committee of a
political party or an affiliated party committee that has
made or intends to make expenditures in connection
with or contributions to the candidate; or
b. A person whose professional services have
been retained by a national, state, or county executive
committee of a political party or an affiliated party
committee that has made or intends to make expendi-
tures in connection with or contributions to the candi-
date;
6. After the last day of the qualifying period
prescribed for the candidate, retains the professional
services of a person also providing those services to the
candidate in connection with the candidate’s pursuit of
election to office; or
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
7. Arranges, coordinates, or directs the expendi-
ture, in any way, with the candidate or an agent of the
candidate.
(13) “Issue” means a proposition that is required by
the State Constitution, by law or resolution of the
Legislature, or by the charter, ordinance, or resolution
of a political subdivision of this state to be submitted to
the electors for their approval or rejection at an election,
or a proposition for which a petition is circulated in order
to have such proposition placed on the ballot at an
election.
(14) “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, affiliated party committee, or political committee.
(15) “Political advertisement” means a paid expres-
sion in a communications medium prescribed in sub-
section (4), 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
before 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 a newspaper, a radio
or television station, or any other recognized news
medium.
(16)(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,
affiliated party committee, 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;
c. Makes expenditures that expressly advocate the
election or defeat of a candidate or the passage or
defeat of an issue; 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, affiliated party committee, or political party;
2. The sponsor of a proposed constitutional
amendment 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. National political parties, the state and county
executive committees of political parties, and affiliated
party committees 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, affiliated party committees,
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 corpora-
tions or business entities.
3. Electioneering communications organizations
as defined in subsection (9).
(17) “Public office” means a state, county, municipal,
or school or other district office or position that is filled by
vote of the electors.
(18) “Unopposed candidate” means a candidate for
nomination or election to an office who, after the last day
on which a 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 a 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(3), 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.
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; ss. 4, 30, ch. 2011-6; s. 52, ch.
2011-40; HJR 7105, 2011 Regular Session; s. 5, ch. 2012-5; s. 3, ch. 2013-37; s. 9,
ch. 2014-17.
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 before 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. At
the same time a candidate designates a campaign
depository and appoints a treasurer, the candidate shall
also designate the office for which he or she is a
candidate. 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
must indicate for which group or district office he or she
is running. This subsection does not prohibit a candi-
date, 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 designated 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 contributions 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 return of contributions. The
notice requirement does not apply to any change in a
numerical designation resulting solely from redistricting.
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
If, within 30 days after being notified 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 designa-
tion is filed. Up to a maximum of the contribution limits
specified in s. 106.08, a candidate who runs for an office
other than the office originally designated may use any
contribution that a donor does not request be returned
within the 30-day period for the newly designated office,
provided the candidate disposes of any amount ex-
ceeding the contribution limit pursuant to the options in
s. 106.11(5)(b) and (c) or s. 106.141(4)(a)1., 2., or 4.;
notwithstanding, the full amount of the contribution for
the original office shall count toward the contribution
limits specified in s. 106.08 for the newly designated
office. A person may not 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
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 manner 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 filed 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). The full name of each person
to whom the candidate or other individual made
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
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 treas-
urer 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 s. 106.07(4)(a)13.; or
(d) Expenditures made directly by any affiliated
party 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 may 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 treas-
urer and designating a campaign depository, candi-
dates 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; ss. 5, 30, ch.
2011-6; s. 53, ch. 2011-40; HJR 7105, 2011 Regular Session; s. 4, ch. 2013-37.
106.022 Appointment of a registered agent;
duties.—
(1) Each political committee or electioneering com-
munications organization shall have and continuously
maintain in this state a registered office and a registered
agent and must file with the filing officer a statement of
appointment for the registered office and registered
agent. The statement 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
filing officer 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 and filing it with
the filing officer. The statement must satisfy 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 filing
officer. An entity without a registered agent may not
make expenditures 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; ss. 6, 30,
ch. 2011-6; s. 54, ch. 2011-40; HJR 7105, 2011 Regular Session; s. 5, ch. 2013-37.
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 been
provided access to read and understand the require-
ments of Chapter 106, Florida Statutes.
(Signature of candidate) (Date)
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; s. 55, ch. 2011-40.
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 a campaign fund
raiser must comply with the requirements of s. 106.143.
(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 or an affiliated party
committee of such party, provided that the proceeds of
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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; ss. 7, 30, ch. 2011-6; s. 56, ch. 2011-40; HJR 7105, 2011
Regular Session; s. 6, ch. 2013-37.
106.03 Registration of political committees and
electioneering communications organizations.—
(1)(a) Each political committee that receives contri-
butions or makes expenditures during a calendar year in
an aggregate amount exceeding $500 or that seeks the
signatures of registered electors in support of an
initiative shall file a statement of organization as
provided in subsection (3) within 10 days after its
organization. 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 group shall file a statement of organiza-
tion as an electioneering communications organization
within 24 hours after the date on which it makes
expenditures for an electioneering communication in
excess of $5,000, if such expenditures are made within
the timeframes specified in s. 106.011(8)(a)2. If the
group makes expenditures for an electioneering com-
munication in excess of $5,000 before the timeframes
specified in s. 106.011(8)(a)2., it shall file the statement
of organization within 24 hours after the 30th day before
a primary or special primary election, or within 24 hours
after the 60th day before any other election, whichever
is applicable.
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 organiza-
tion that would be required to file a statement of
organization in two or more locations 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, including any
affiliated sponsors;
(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;
(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;
(l) 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 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
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
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
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
organization.
(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. 1, 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; ss. 8, 30, ch. 2011-6; s. 57,
ch. 2011-40; HJR 7105, 2011 Regular Session; s. 7, ch. 2013-37.
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
that contains the name of the candidate or committee.
Except for contributions to political committees 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; s. 8, ch. 2013-37.
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 primary 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
candidate 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. Except as
provided in paragraphs (a) and (b), reports shall be
filed on the 10th day following the end of each calendar
month from the time the campaign treasurer is ap-
pointed, except that, if the 10th day following the end of
a calendar month 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. Monthly reports shall include all contributions
received and expenditures made during the calendar
month which have not otherwise been reported pur-
suant to this section.
(a) A statewide candidate or a political committee
required to file reports with the division must file reports:
1. On the 60th day immediately preceding the
primary election, and each week thereafter, with the
last weekly report being filed on the 4th day immediately
preceding the general election.
2. On the 10th day immediately preceding the
general election, and each day thereafter, with the
last daily report being filed the 5th day immediately
preceding the general election.
(b) Any other candidate or a political committee
required to file reports with a filing officer other than the
division must file reports on the 60th day immediately
preceding the primary election, and biweekly on each
Friday thereafter through and including the 4th day
immediately preceding the general election, with addi-
tional reports due on the 25th and 11th days before the
primary election and the general election.
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
(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 making
contributions or expenditures to influence the results
of such special election or the preceding special primary
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 before 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 is 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 is 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, suffices as proof of mailing in a timely manner.
Reports other than daily reports must contain informa-
tion on 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 must contain information on all
previously unreported contributions received and ex-
penditures made as of the day preceding that desig-
nated due date; daily reports must contain information
on all previously unreported contributions received as of
the preceding day. All such reports are 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 that is deemed to be incomplete by
the officer with whom the candidate qualifies must be
accepted on a conditional basis. The campaign
treasurer shall be notified by certified mail or by another
method using a common carrier that provides a proof of
delivery of the notice as to why the report is incomplete
and within 7 days after receipt of such notice must file an
addendum to the report providing all information ne-
cessary 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 complete upon proof of
delivery of a written notice to the mailing or street
address of the campaign treasurer or registered agent
of record with the filing officer.
(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) Except for daily reports, to which only the
contributions provisions below apply, and except as
provided in paragraph (b), 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 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 contribu-
tor or the principal type of business need not be listed.
2. The name and address of each political com-
mittee 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.
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
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. Receipts for reimbursement for
authorized expenditures shall be retained by the
treasurer along with the records for the campaign
account.
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 period.
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. Transaction information for each credit card
purchase. 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.
(b) Multiple uniform contributions from the same
person, aggregating no more than $250 per calendar
year, collected by an organization that is the affiliated
sponsor of a political committee, may be reported by the
political committee in an aggregate amount listing the
number of contributors together with the amount con-
tributed by each and the total amount contributed during
the reporting period. The identity of each person making
such uniform contribution must be reported to the filing
officer as provided in subparagraph (a)1. by July 1 of
each calendar year, or, in a general election year, no
later than the 60th day immediately preceding the
primary election.
(c) 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 records maintained by the campaign de-
pository with respect to any campaign account regu-
lated by this chapter are 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 or political committee has not received funds,
made any contributions, 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 or political committee not reporting by virtue
of this subsection on dates prescribed elsewhere 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 is 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 is $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 special primary
election, special election, primary election, and general
election, the fine is $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(8), 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 or registered agent of
the political committee. The filing officer shall determine
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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 complete upon proof
of delivery of written notice to the mailing or street
address on record with the filing officer. In the case of a
candidate, such fine is not an allowable campaign
expenditure and shall be paid only from personal
funds of the candidate. An officer or member of a
political committee is not 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-
ure 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(2) 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
or 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).
(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; s. 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; s. 59, ch.
2011-40; s. 6, ch. 2012-5; s. 9, ch. 2013-37.
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, a political party, or an affiliated party
committee of which the individual is a member.
History.—s. 6, ch. 2006-300; ss. 10, 30, ch. 2011-6; HJR 7105, 2011 Regular
Session.
106.0702 Reporting; political party executive
committee candidates.—
(1) An individual seeking a publicly elected position
on a political party executive committee who receives a
contribution or makes an expenditure shall file a report
of all contributions received and all expenditures made.
The report shall be filed on the 4th day immediately
preceding the primary election.
(2)(a) The report shall be filed with the supervisor of
elections of the appropriate county. Reports shall be
filed no later than 5 p.m. of the day designated;
however, any report postmarked by the United States
Postal Service by 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 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 is proof of
mailing in a timely manner. The report filed must contain
information of all contributions received and expendi-
tures made as of the day preceding the designated due
date. All such reports must be open to public inspection.
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
(b) A reporting individual may submit the report
required under this section through an electronic filing
system, if used by the supervisor for other candidates, in
order to satisfy the filing requirement. Such reports shall
be completed and filed through the electronic filing
system not later than midnight on the 4th day immedi-
ately preceding the primary election.
(3)(a) A report that is deemed to be incomplete by the
supervisor shall be accepted on a conditional basis. The
supervisor shall send a notice to the reporting individual
by certified mail or by another method using a common
carrier that provides proof of delivery as to why the
report is incomplete. Within 7 days after receipt of such
notice, the reporting individual must file an addendum to
the report providing all information necessary to com-
plete the report in compliance with this section. Failure
to file a complete report after such notice constitutes a
violation of this chapter.
(b) Notice is deemed complete upon proof of
delivery of a written notice to the mailing or street
address that is on record with the supervisor.
(4)(a) Each report required by this section must
contain:
1. The full name, address, and occupation of each
person who has made one or more contributions to or
for the reporting individual 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 corporations. 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.
2. The name and address of each political com-
mittee from which the reporting individual has received,
or to which the reporting individual has made, any
transfer of funds within the reporting period, together
with the amounts and dates of all transfers.
3. Each loan for campaign purposes from any
person or political committee within the reporting period,
together with the full name, address, and occupation,
and principal place of business, if any, of the lender and
endorser, 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.-3.
5. The total sums of all loans, in-kind contributions,
and other receipts by or for such reporting individual
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 reporting individual within the reporting period; the
amount, date, and purpose of each such expenditure;
and the name and address of, and office sought by,
each reporting individual on whose behalf such expen-
diture was made.
7. The amount and nature of debts and obligations
owed by or to the reporting individual which relate to the
conduct of any political campaign.
8. Transaction information for each credit card
purchase. Receipts for each credit card purchase
shall be retained by the reporting individual.
9. 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.
(b) The supervisor shall make available to any
reporting individual a reporting form that the reporting
individual may use to indicate contributions received by
the reporting individual but returned to the contributor
before deposit.
(5) The reporting individual shall certify as to the
correctness of the report and shall bear the responsi-
bility for the accuracy and veracity of each report. Any
reporting individual who willfully certifies the correctness
of the 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) Notwithstanding any other provisions of this
chapter, the filing of the required report is waived if
the reporting individual has not received contributions or
expended any reportable funds.
(7)(a) A reporting individual who fails to file a report
on the designated due date is subject to a fine, and such
fine shall be paid only from personal funds of the
reporting individual. 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. The fine shall be
assessed by the supervisor, and the moneys collected
shall be deposited into the general revenue fund of the
political subdivision.
(b) The supervisor shall determine the amount of
the fine due based upon the earliest of the following:
1. When the report is actually received by the
supervisor;
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; or
5. When the report is completed and filed through
the electronic filing system, if applicable.
Such fine shall be paid to the supervisor 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 complete upon proof
of delivery of written notice to the mailing or street
address on record with the supervisor. Such fine may
not be an allowable campaign expenditure and shall be
paid only from personal funds of the reporting individual.
(c) A reporting individual may appeal or dispute the
fine, based upon, but not limited to, unusual circum-
stances surrounding the failure to file on the designated
due date, and 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 s. 106.265(2)
when determining the amount of a fine, if any, to be
waived. Any such request shall be made within 20 days
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
after receipt of the notice of payment due. In such case,
the reporting individual must, within 20 days after receipt
of the notice, notify the supervisor in writing of his or her
intention to bring the matter before the commission.
(d) The appropriate supervisor shall notify the
Florida Elections Commission of the late filing by a
reporting individual, the failure of a reporting individual
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
supervisor 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).
History.—s. 10, ch. 2013-37.
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. Except as provided in paragraphs (b)
and (c), reports must be filed on the 10th day following
the end of each calendar month from the time the
organization is registered. However, if the 10th day
following the end of a calendar month occurs on a
Saturday, Sunday, or legal holiday, the report must be
filed on the next following day that is not a Saturday,
Sunday, or legal holiday. Monthly reports must include
all contributions received and expenditures made during
the calendar month that have not otherwise been
reported pursuant to this section.
(b) For an electioneering communications organiza-
tion required to file reports with the division, reports
must be filed:
1. On the 60th day immediately preceding the
primary election, and each week thereafter, with the
last weekly report being filed on the 4th day immediately
preceding the general election.
2. On the 10th day immediately preceding the
general election, and every day thereafter excluding
the 4th day immediately preceding the general election,
with the last daily report being filed the day before the
general election.
(c) For an electioneering communications organiza-
tion required to file reports with a filing officer other than
the division, reports must be filed on the 60th day
immediately preceding the primary election, and bi-
weekly on each Friday thereafter through and including
the 4th day immediately preceding the general election,
with additional reports due on the 25th and 11th days
before the primary election and the general election.
(d) 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.
(e) In addition to the reports required by paragraph
(a), 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 com-
munications organization must also include the expen-
diture in the next report filed with the Division of
Elections pursuant to this section following the county
or municipal election.
(f) 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 is 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 is 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, suffices as proof of
mailing in a timely manner. Reports other than daily
reports must contain information on 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
must contain information on all previously unreported
contributions received and expenditures made as of the
day preceding the designated due date; daily reports
must contain information on all previously unreported
contributions received as of the preceding day. All such
reports are 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
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
delivery 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) Except for daily reports, to which only the
contribution provisions below apply, each report re-
quired by this section must contain:
1. The full name, address, and occupation, if any,
of each person who has made one or more contributions
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
to or for such electioneering communications organiza-
tion 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 com-
mittee from which or to which the reporting electioneer-
ing 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,
or 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
not otherwise reported, including the amount, date, and
purpose of the expenditure.
8. The total sum of expenditures made by the
electioneering 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-
neering communication.
10. Transaction information for each credit card
purchase. Receipts for each credit card purchase
shall be retained by the electioneering communications
organization.
11. 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.
12. The primary purposes of an expenditure made
indirectly through an electioneering communications
organization for goods and services, such as commu-
nications 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
electioneering 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 organiza-
tion 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 Commission at any time during normal bank-
ing 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-
nications 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
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
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
communications organization. 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). 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(2) 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 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 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) Electioneering communications organizations
shall not use credit cards.
History.—s. 7, ch. 2006-300; s. 23, ch. 2010-167; ss. 11, 30, ch. 2011-6; s. 60,
ch. 2011-40; HJR 7105, 2011 Regular Session; s. 7, ch. 2012-5; s. 11, ch. 2013-37;
s. 10, ch. 2014-17.
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 individual who is required to file reports
with the division pursuant to s. 106.07 or s. 106.141
must file such reports by means of the division’s
electronic filing system.
(b) Each political committee, electioneering com-
munications organization, affiliated party committee, or
state executive committee that is required to file reports
with the division under 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 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. 106.07(8), s.
106.0703(7), or s. 106.29(3), as applicable.
(4) Each report filed pursuant to this section is
considered to be under oath by the candidate and
treasurer, the chair and treasurer, the treasurer under s.
106.0703, or the leader and treasurer under s. 103.092,
whichever is applicable, and such persons are subject
to the provisions of s. 106.07(5), s. 106.0703(4), or s.
106.29(2), as applicable. 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 to administer this
section and provide for the reports required to be filed
pursuant to this section. Such rules shall, at a minimum,
provide:
(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.
History.—s. 19, ch. 2004-252; s. 45, ch. 2005-278; s. 8, ch. 2006-300; s. 24, ch.
2010-167; ss. 12, 30, ch. 2011-6; s. 61, ch. 2011-40; HJR 7105, 2011 Regular
Session; s. 12, ch. 2013-37.
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.
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
(b) Information entered in the electronic filing sys-
tem 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 expenditure; 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
paying 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
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; ss. 13, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
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; s. 34, ch. 2013-37.
106.08 Contributions; limitations on.—
(1)(a) Except for political parties or affiliated party
committees, no person or political committee may, in
any election, make contributions in excess of the
following amounts:
1. To a candidate for statewide office or for
retention as a justice of the Supreme Court, $3,000.
Candidates for the offices of Governor and Lieutenant
Governor on the same ticket are considered a single
candidate for the purpose of this section.
2. To a candidate for retention as a judge of a
district court of appeal; a candidate for legislative office;
a candidate for multicounty office; a candidate for
countywide office or in any election conducted on less
than a countywide basis; or a candidate for county court
judge or circuit judge, $1,000.
(b) The contribution limits provided in this subsec-
tion do not apply to contributions made by a state or
county executive committee of a political party or
affiliated party committee regulated by chapter 103 or
to amounts contributed by a candidate to his or her own
campaign.
(c) The contribution limits of this subsection apply to
each election. For purposes of this subsection, the
primary election and general election are separate
elections so long as the candidate is not an unopposed
candidate as defined in s. 106.011. 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
a county executive committee of a political party whose
contributions in the aggregate exceed $50,000, or from
the national or state executive committees of a political
party, including any subordinate committee of such
political party or affiliated party committees, whose
contributions in the aggregate exceed $50,000.
(b) A candidate for statewide office may not accept
contributions from national, state, or county executive
committees of a political party, including any subordi-
nate committee of the political party, or affiliated party
committees, which contributions in the aggregate ex-
ceed $250,000. Polling services, research services,
costs for campaign staff, professional consulting ser-
vices, and telephone calls are not contributions to be
counted toward the contribution limits of paragraph (a)
or this paragraph. Any item not expressly identified in
this paragraph as nonallocable 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 or affiliated
party committee 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 before 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) 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
withdraws his or her candidacy, or after the date the
candidate is defeated, becomes unopposed, or is
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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.
(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 before 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, affiliated party
committees, and political parties may not solicit con-
tributions from any religious, charitable, civic, or other
causes or organizations established primarily for the
public good.
(c) Candidates, political committees, affiliated party
committees, and political parties may not make con-
tributions, in exchange for political support, to any
religious, charitable, civic, or other cause or organiza-
tion established primarily for the public good. It is not a
violation of this paragraph for:
1. A candidate, political committee, affiliated party
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, affiliated party committee, 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, affiliated party committee,
or charitable groups.
(6)(a) A political party or affiliated party committee
may not accept any contribution that has been speci-
fically designated for the partial or exclusive use of a
particular candidate. Any contribution so designated
must be returned to the contributor and may not be used
or expended by or on behalf of the candidate. Funds
contributed to an affiliated party committee may not be
designated for the partial or exclusive use of a leader as
defined in s. 103.092.
(b)1. A political party or affiliated party committee
may not accept any in-kind contribution that fails to
provide a direct benefit to the political party or affiliated
party committee. A “direct benefit” includes, but is not
limited to, fundraising or furthering the objectives of the
political party or affiliated party committee.
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 before 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 before the date of
the written notice required in sub-subparagraph b. An in-
kind contribution to an affiliated party committee may be
accepted only by the leader of the affiliated party
committee as defined in s. 103.092 or by the leader’s
designee or designees whose names are on file with the
division in a form acceptable to the division before the
date of the written notice required in sub-subparagraph
b.
b. A person making an in-kind contribution to a
state or county political party or affiliated party commit-
tee 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. How-
ever, 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 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 or affiliated party committee
constitutes a refusal of the contribution.
d. A copy of each prior written acceptance required
under sub-subparagraph c. must be filed at the time the
regular reports of contributions and expenditures re-
quired under s. 106.29 are filed by the state executive
committee, county executive committee, and affiliated
party committee. A state executive committee and an
affiliated party committee must file with the division. A
county executive committee must file with the county’s
supervisor of elections.
e. An in-kind contribution may not be given to a
state or county political party or affiliated party commit-
tee unless the in-kind contribution 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, affiliated party committee, political committee, or
electioneering communications organization is con-
victed of knowingly and willfully violating any provision
punishable under this paragraph, it shall be fined not
less than $1,000 and not more than $10,000. 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 party, affiliated
party committee, political committee, electioneering
communications organization, or organization exempt
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
from taxation under s. 527 or s. 501(c)(4) of the Internal
Revenue Code, who aids, abets, advises, or partici-
pates in a violation of any provision punishable under
this paragraph 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 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,
affiliated party committee, political committee, or elec-
tioneering communications organization is convicted of
knowingly and willfully violating any provision punish-
able 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,
political party, affiliated party committee, or electioneer-
ing communications organization, or organization ex-
empt 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 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
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 may be
received by an affiliated organization and transferred to
the bank account of the political committee via check
written from the affiliated organization if such contribu-
tions are specifically identified as intended to be
contributed to the political committee. All contributions
received in this manner shall be reported pursuant to s.
106.07 by the political committee 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; ss. 14, 30, ch.
2011-6; s. 62, ch. 2011-40; HJR 7105, 2011 Regular Session; s. 8, ch. 2012-5; s. 13,
ch. 2013-37.
106.087 Independent expenditures; contribu-
tion limits; restrictions on political parties and
political committees.—
(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 (title) of the
(name of party) (state or specified county) executive commit-
tee; 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)
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 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, expen-
ditures may be made for the sole purpose of jointly
endorsing three or more candidates.
(b) Any political committee that violates this sub-
section 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; s. 19, ch. 2013-37.
106.088 Independent expenditures; contribu-
tion limits; restrictions on affiliated party commit-
tees.—
(1) As a condition of receiving a rebate of party
assessments under s. 103.121(1)(b), the leader or
treasurer of an affiliated party committee as defined in
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
s. 103.092 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 (title) of the
(name of party) (name of chamber) affiliated party commit-
tee; that the affiliated party 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 affiliated
party 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 affiliated party committee will not violate the
contribution limits applicable to candidates under s.
106.08(2), Florida Statutes.
(Signature of committee officer)
(Address)
Sworn to and subscribed before me this__ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
(2)(a) Any affiliated party committee found to have
violated the provisions of the oath or affirmation prior to
receiving funds shall be ineligible to receive the rebate
for that general election year.
(b) Any affiliated party committee found to have
violated the provisions of the oath or affirmation after
receiving funds shall be ineligible to receive the rebate
from candidates qualifying for the following general
election cycle.
(3) Any funds not distributed to the affiliated party
committee pursuant to this section shall be deposited
into the General Revenue Fund of the state.
History.—ss. 15, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
106.09 Cash contributions and contribution by
cashier’s checks.—
(1)(a) A person may not make an aggregate cash
contribution or contribution by means of a cashier’s
check to the same candidate or committee in excess of
$50 per election.
(b) A person may not accept an aggregate cash
contribution or contribution by means of a cashier’s
check from the same contributor in excess of $50 per
election.
(2)(a) Any person who makes or accepts a contribu-
tion in violation of subsection (1) commits a misde-
meanor 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
subsection (1) 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; s. 63, ch. 2011-40.
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 name of the campaign account of the
candidate or political 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
contain the name of the campaign account of the
candidate or political committee.
3. No more than three debit cards are requested
and issued.
4. The person using the debit card does not receive
cash as part of, or independent of, any transaction for
goods or services.
5. 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).
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
(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
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.
(6) A candidate who makes a loan to his or her
campaign and reports the loan as required by s. 106.07
may be reimbursed for the loan at any time the
campaign account has sufficient funds to repay the
loan and satisfy its other obligations.
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; s. 64, ch. 2011-40; s. 14, ch. 2013-37.
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 gov-
ernment 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 may be spent
only in amounts less than $100 and only for office
supplies, transportation expenses, and other necessi-
ties. Petty cash may not be used for the purchase of
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
time, space, or services from communications media as
defined in s. 106.011.
History.—s. 12, ch. 73-128; s. 48, ch. 77-175; s. 9, ch. 85-226; s. 5, ch.
2002-197; s. 20, ch. 2013-37.
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 candi-
date’s or political committee’s primary campaign de-
pository.
(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.
(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.
History.—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) Except as provided in subsection (6), each
candidate who withdraws his or her candidacy, be-
comes an unopposed candidate, or is eliminated 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 may not accept any
contributions, nor may any person accept contributions
on behalf of such candidate, after the candidate with-
draws 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, before such disposition,
be reimbursed by the campaign, in full or in part, for any
reported contributions by the candidate to the cam-
paign.
(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 $25,000 of the funds that
have not been spent or obligated to the affiliated party
committee or political party of which such 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
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
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
pursuant to the Florida Election Campaign Financing
Act shall, after all monetary commitments pursuant to s.
106.11(5)(b) and (c) have been met, return all surplus
campaign funds to the General Revenue 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) Fifty thousand dollars, for a candidate for state-
wide office. The Governor and Lieutenant Governor
shall be considered separate candidates for the pur-
pose of this section.
(b) Ten thousand dollars, for a candidate for multi-
county office.
(c) Ten thousand dollars multiplied by the number of
years in the term of office for which elected, for a
candidate for legislative office.
(d) Five thousand 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 reten-
tion 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) Three thousand dollars, for a candidate 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;
professional services provided by a certified public
accountant or attorney for preparation of the elected
public official’s financial disclosure filing pursuant to s.
112.3144 or s. 112.3145; costs to prepare, print,
produce, and mail holiday cards or newsletters about
the elected public official’s public business to constitu-
ents if such correspondence does not constitute a
political advertisement, independent expenditure, or
electioneering communication as provided in s.
106.011; fees or dues to religious, civic, or charitable
organizations of which the elected public official is a
member; items of modest value such as flowers,
greeting cards, or personal notes given as a substitute
for, or in association with, an elected public official’s
personal attendance at a constituent’s special event or
family occasion, such as the birth of a child, graduation,
wedding, or funeral; personal expenses incurred by the
elected public official in connection with attending a
constituent meeting or event where public policy is
discussed, if such meetings or events are limited to no
more than once a week; or expenses incurred in the
operation of the elected public official’s 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 use such funds to pay for
professional services provided by a certified public
accountant or attorney for preparation of the elected
public official’s final financial disclosure filing pursuant to
s. 112.3144 or s. 112.3145, or give such funds to a
charitable organization that meets 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)(a) For purposes of this subsection, the term
“same office” with respect to legislative office means
an office in the same legislative body, irrespective of
district number or designation or geographic boundary.
(b) A candidate elected to state office or a candidate
who will be elected to state office by virtue of his or her
being unopposed after candidate qualifying ends, may
retain up to $20,000 in his or her campaign account, or
in an interest-bearing account or certificate of deposit,
for use in his or her next campaign for the same office, in
addition to the disposition methods provided in subsec-
tions (4) and (5). All requirements applicable to candi-
date campaign accounts under this chapter, including
disclosure requirements applicable to candidate cam-
paign accounts, limitations on expenditures, and limita-
tions on contributions, apply to any retained funds.
(c) If a candidate who has retained funds under this
subsection does not qualify as a candidate for reelection
to the same office, all retained funds shall be disposed
of as otherwise required by this section or s. 106.11(5)
within 90 days after the last day of candidate qualifying
for that office. Requirements in this section applicable to
the disposal of surplus funds, including reporting
requirements, are applicable to the disposal of retained
funds.
(7) Before disposing of funds pursuant to subsec-
tion (4), transferring funds into an office account
pursuant to subsection (5), or retaining funds for
reelection pursuant to subsection (6), any candidate
who filed an oath stating that he or she was unable to
pay the 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 shall reimburse the state or local governmental
entity, whichever is applicable, for such waived fee. If
there are insufficient funds in the account to pay the full
amount of the fee, the remaining funds shall be
disbursed in the above manner until no funds remain.
All funds disbursed pursuant to this subsection shall be
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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.
(8)(a) Any candidate required to dispose of campaign
funds pursuant to this section shall do so within the time
required by this section and, on or before the date by
which such disposition is to have been made, shall 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;
3. The amount of such funds transferred to an
office account by the candidate, together with the name
and address of the bank, savings and loan association,
or credit union in which the office account is located; and
4. The amount of such funds retained pursuant to
subsection (6), together with the name and address of
the bank, savings and loan association, or credit union
in which the retained funds are 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.
(9) 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).
(10) 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.
(11) 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
misdemeanor of the first degree, punishable as pro-
vided 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.
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; ss. 16, 30, ch. 2011-6; s. 65, ch.
2011-40; HJR 7105, 2011 Regular Session; s. 15, ch. 2013-37.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), 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, except a write-in 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) , (party affiliation) , for (office sought) ”;
or
2. “Paid by (name of candidate) , (party affiliation) , for
(office sought) .”
(b) Any political advertisement that is paid for by a
write-in 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) , write-in candidate, for (office
sought) ”; or
2. “Paid by (name of candidate) , write-in candidate, for
(office sought) .”
(c) 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
paying for the advertisement.
3. 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.
(d) Any political advertisement made pursuant to s.
106.021(3)(d) must prominently state the name and
address of the political committee or political party
paying for the advertisement.
(2) Political advertisements made as in-kind con-
tributions from a political party must prominently state:
“Paid political advertisement paid for in-kind by (name of
political party) . Approved by (name of person, party affiliation, and office
sought in the political advertisement) .”
(3) 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. A political adver-
tisement of a candidate running for nonpartisan office
may not state the candidate’s political party affiliation.
This section does not prohibit a political advertisement
from stating the candidate’s partisan-related experi-
ence. A candidate for nonpartisan office is prohibited
from campaigning based on party affiliation.
(4) It is unlawful for any candidate or person on
behalf of a candidate to represent that any person or
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
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.
(5)(a) Any political advertisement not paid for by a
candidate, including those paid for by a political party or
affiliated party committee, other than an independent
expenditure, offered 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,
unless the political advertisement is published, dis-
played, or circulated in compliance with subparagraph
(1)(a)2., 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.
(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.
(6) 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.
(7) Political advertisements paid for by a political
party or an affiliated party committee may use names
and abbreviations as registered under s. 103.081 in the
disclaimer.
(8) 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.
(9) 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.
(10) 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
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.
(11) 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. 18, ch.
99-318; s. 5, ch. 2004-252; s. 46, ch. 2007-30; s. 18, ch. 2010-167; ss. 17, 30, ch.
2011-6; s. 66, ch. 2011-40; HJR 7105, 2011 Regular Session; s. 9, ch. 2012-5.
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.
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
(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; s. 647, ch.
95-147.
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 does not apply
to an editorial endorsement. For purposes of this
chapter, an expenditure made for, or in furtherance
of, a miscellaneous advertisement is not considered to
be a contribution to or on behalf of a candidate, and
does not constitute an independent expenditure. Such
expenditures are not subject to the limitations applicable
to independent expenditures.
History.—s. 36, ch. 90-315; s. 6, ch. 2004-252; s. 27, ch. 2010-167; ss. 18, 30,
ch. 2011-6; s. 67, ch. 2011-40; HJR 7105, 2011 Regular Session.
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 paying 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 or organizations sponsoring 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; ss. 19, 30, ch. 2011-6; HJR
7105, 2011 Regular Session.
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.
(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, affiliated party committee, 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,
affiliated party committee, political party executive
committee, or corporation, partnership, or other busi-
ness entity.
History.—s. 18, ch. 97-13; s. 31, ch. 2008-95; s. 29, ch. 2010-167; ss. 20, 30, ch.
2011-6; HJR 7105, 2011 Regular Session; s. 21, ch. 2013-37.
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
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
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 subsection (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.
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.
106.165 Use of closed captioning and descrip-
tive narrative in all television broadcasts.—Each
candidate, political party, affiliated party committee, and
political committee must use closed captioning and
descriptive narrative in all television broadcasts regu-
lated by the Federal Communications Commission that
are on behalf of, or sponsored by, a candidate, political
party, affiliated party committee, 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 Com-
mission.
History.—s. 7, ch. 2002-281; s. 71, ch. 2005-277; ss. 21, 30, ch. 2011-6; HJR
7105, 2011 Regular Session; s. 29, ch. 2012-116.
Note.—Former s. 98.122.
106.17 Polls and surveys relating to candida-
cies.—Any candidate, political committee, electioneer-
ing communication organization, affiliated party com-
mittee, 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, electioneering communication or-
ganization, affiliated party committee, or political party
maintains complete jurisdiction over the poll in all its
aspects. State and county executive committees of a
political party or an affiliated party committee may
authorize and conduct political polls for the purpose of
determining the viability of potential candidates. Such
poll results may be shared with potential candidates,
and expenditures incurred by state and county
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
executive committees or an affiliated party committee
for potential candidate polls are not contributions to the
potential candidates.
History.—s. 17, ch. 73-128; s. 1, ch. 77-174; s. 56, ch. 77-175; s. 32, ch. 81-304;
s. 47, ch. 2007-30; s. 30, ch. 2010-167; ss. 22, 30, ch. 2011-6; s. 68, ch. 2011-40;
HJR 7105, 2011 Regular Session; s. 22, ch. 2013-37.
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;
(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.
(4) Except as otherwise expressly stated, the failure
by a candidate to comply with the requirements of this
chapter has no effect upon whether the candidate has
qualified for the office the candidate is seeking.
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; s. 69, ch. 2011-40; s. 35, ch. 2013-37.
106.191 Signatures gathered for initiative peti-
tion; 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.
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 in-
formation 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.
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
(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 1Election 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.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), 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
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, affiliated party committee, political com-
mittee, 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, affiliated party committee,
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; s. 58, ch. 77-175; s. 651, ch.
95-147; s. 47, ch. 97-13; s. 8, ch. 2001-75; ss. 23, 30, ch. 2011-6; HJR 7105, 2011
Regular Session; s. 23, ch. 2013-37.
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
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
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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.
(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. 106.24-106.28. The trust fund
may also be used by the Secretary of State, pursuant to
his or her authority under s. 97.012(15), 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.
79-400; 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; s. 2, ch. 2017-3.
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
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
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
complaint is filed, the commission shall be barred from
investigating such allegations. Such sworn complaint
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.
The respondent shall have 14 days after receipt of the
complaint to file an initial response, and the executive
director may not determine the legal sufficiency of the
complaint during that time period. 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 with-
draw 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 regard-
ing 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. The commission may not by rule deter-
mine what constitutes willfulness or further define the
term “willful” for purposes of 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 commis-
sion.
(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.
(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 less 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 less 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 under 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 con-
clusion 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) 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:
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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. At any time,
the commission may enter into a consent order with a
respondent without requiring the respondent to admit to
a violation of law within the jurisdiction of the commis-
sion.
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.
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) A person alleged by the Elections Commission
to have committed a violation of this chapter or chapter
104 may elect, as a matter of right, within 30 days after
the date of the filing of the commission’s allegations, to
have a formal administrative hearing conducted by an
administrative law judge in the Division of Administrative
Hearings. The administrative law judge in such pro-
ceedings shall enter a final order, which may include the
imposition of civil penalties, subject to appeal as
provided in s. 120.68. If the person does not elect to
have a hearing by an administrative law judge and does
not elect to resolve the complaint by a consent order,
the person is entitled to a formal or informal hearing
conducted before the commission.
(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 Register 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
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
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
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 misde-
meanor 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. 83-265; 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. 98-129; s. 21, ch. 2004-252; s. 48, ch. 2007-30; s. 16, ch.
2010-167; s. 70, ch. 2011-40; s. 1, ch. 2013-14.
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 in the
circuit court where the witness resides 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 commis-
sion, other than on the request of the subject of a
hearing, shall receive reimbursement for travel ex-
penses 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 other evidence 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
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
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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 fails 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 opi-
nions 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; s. 71, ch. 2011-40.
106.265 Civil penalties.—
(1) The commission or, in cases referred to the
Division of Administrative Hearings pursuant to s.
106.25(5), the administrative law judge 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 count, or, if applicable, to impose a
civil penalty as provided in s. 104.271 or s. 106.19.
(2) In determining the amount of such civil penalties,
the commission or administrative law judge shall con-
sider, among other mitigating and aggravating circum-
stances:
(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,
affiliated party committee, electioneering communica-
tions organization, or political party; and
(d) Whether the person, political committee, af-
filiated party committee, electioneering communications
organization, or political party has shown good faith in
attempting to comply with the provisions of this chapter
or chapter 104.
(3) If any person, political committee, affiliated party
committee, electioneering communications organiza-
tion, or political party fails or refuses to pay to the
commission any civil penalties assessed pursuant to the
provisions of this section, the commission shall be
responsible for collecting the civil penalties resulting
from such action.
(4) Any civil penalty collected pursuant to the
provisions of this section shall be deposited into the
General Revenue Fund.
(5) Any fine assessed pursuant to this chapter shall
be deposited into the General Revenue Fund.
(6) 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 costs and 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; ss. 24, 30, ch. 2011-6; s. 72, ch. 2011-40; HJR 7105,
2011 Regular Session; s. 24, ch. 2013-37.
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
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
imposition of civil penalties provided by this chapter.
Such civil actions shall be brought by the commission in
the appropriate 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,
affiliated party committee, or political party has en-
gaged, 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; ss. 25,
30, ch. 2011-6; HJR 7105, 2011 Regular Session; s. 25, ch. 2013-37.
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 and affiliated
party committees; restrictions on contributions and
expenditures; penalties.—
(1) The state executive committee and each county
executive committee of each political party and any
affiliated party committee regulated by chapter 103 shall
file regular reports of all contributions received and all
expenditures made by such committee. However, the
reports shall not include contributions and expenditures
that are reported to the Federal Election Commission. In
addition, when a special election is called to fill a
vacancy in office, each state executive committee, each
affiliated party committee, and each county executive
committee making contributions or expenditures to
influence the results of the special election or the
preceding special primary election must file campaign
treasurers’ reports on the dates set by the Department
of State pursuant to s. 100.111. 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 preceding each
special primary election, special election, primary elec-
tion, and general election. In addition to the reports filed
under this section, the state executive committee, each
county executive committee, and each affiliated party
committee 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 and affiliated party committee shall file 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 com-
mittee or affiliated party 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. The leader and treasurer of each affiliated
party committee under s. 103.092 shall certify as to the
correctness of each report filed by them on behalf of
such committee. Any committee chair, leader, or
treasurer who certifies the correctness of any report
while knowing that such report is incorrect, false, or
incomplete 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 or
affiliated party 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. 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 or the leader of the affiliated party committee
as defined in s. 103.092 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, $1,000 for an affiliated
party 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, which-
ever is greater, for the period covered by the late report.
However, if an executive committee or an affiliated party
committee fails to file a report on the Friday immediately
preceding the special election or general election, the
fine shall be $10,000 per day for each day a state
executive committee is late, $10,000 per day for each
day an affiliated party 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 or leader as defined in s. 103.092.
Notice is deemed complete upon proof of delivery of
written notice to the mailing or street address on record
with the filing officer. 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.
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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 or the
leader of an affiliated party committee as defined in s.
103.092 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 or the leader of the affiliated party committee
as defined in s. 103.092 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 or affiliated party committee,
the failure of an executive committee or affiliated party
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 or affiliated party committee less
than 5 days before an election shall not be used or
expended in behalf of any candidate, issue, affiliated
party committee, or political party participating in such
election.
(5) No state or county executive committee or
affiliated party committee, in the furtherance of any
candidate or political party, directly or 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 organiza-
tions 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 and affiliated party
committees 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 contribution 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; ss. 26, 30, ch. 2011-6; s. 73, ch.
2011-40; HJR 7105, 2011 Regular Session.
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 individ-
uals, which leads to the misperception of government
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 1 Election 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
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Ch. 106 CAMPAIGN FINANCING F.S. 2019
1Election Campaign Financing Trust Fund as desig-
nated in those sections.
(3) Proceeds from assessments pursuant to ss.
106.07 and 106.29 shall be deposited into the 1Election
Campaign Financing Trust Fund as designated in those
sections.
History.—s. 1, ch. 86-276; s. 19, ch. 91-107; s. 26, ch. 2013-37.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), 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, upon
qualifying for office, shall 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, the
respective candidates running for Governor and Lieu-
tenant 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 and
must:
(1) Agree to abide by the expenditure limits pro-
vided 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
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 do not qualify for meeting the threshold
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; s. 27, ch. 2013-37.
1Note.—The trust 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 1Election 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-regis-
tered 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.
(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. 86-276; s. 41, ch. 90-315; s. 21, ch. 91-107; s. 654, ch.
95-147; s. 48, ch. 2005-278; s. 7, ch. 2018-110.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.35 Distribution of funds.—
(1) The division shall review each request for
contributions from the 1Election Campaign Financing
Trust Fund and certify whether the candidate is eligible
for such contributions. Notice of the certification deci-
sion 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.
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
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F.S. 2019 CAMPAIGN FINANCING Ch. 106
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 specifications for electro-
nically transmitted campaign treasurer’s reports out-
lining communication parameters and protocol, data
record formats, and provisions for ensuring security of
data and 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; s. 74, ch. 2011-40.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
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 1Election 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
1Election 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.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III 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
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 1Election 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.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), 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
1Election 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 1Election 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 1Election 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.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
147
INDEX
ACCOUNTANTS
Campaign financing reports, preparation,
106.141
ACCOUNTS
Election campaign treasurers, 106.06
ADMINISTRATIVE HEARINGS, DIVISION OF
Director
Candidates falsely claiming military
service, appointment of administrative
law judge, 104.2715
ADVERTISEMENTS AND ADVERTISING
Public policy or vote of public official,
advertisements intended to influence,
106.1437
AGENTS
Electronic voting system vendors, 101.5605
AGRICULTURE, COMMISSIONER OF
Campaign financing, 106.08, 106.32, 106.33,
106.34, 106.35
Election, A4 S5, 100.041
Membership on
Political party state executive committee,
103.091
Term of office, A4 S5, 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, 287.16, 287.17
Limitation on use, 106.15, 287.17
ALIENS
Voter registration, ineligibility, 98.045
APPELLATE PROCEDURE
Campaign financing violation decisions,
106.03, 106.07, 106.0702, 106.0703,
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, A6 S7, 106.32
ASSISTED LIVING FACILITIES
Administrators
Supervised voting for residents,
requesting, 101.655
Personnel
Administrators, 101.655, 429.075,
429.176, 429.26, 429.52
Residents
Vote-by-mail electors, 101.655
ATTORNEY FEES
Election complaints, false allegations, 106.265
Political party county executive committee
members, wrongful removal actions,
103.141
ATTORNEY GENERAL
Campaign financing, limitation on
contributions, 106.08
Campaign financing, state funds, 106.32,
106.33, 106.34, 106.35
Constitutional amendments or revisions
proposed by joint resolutions, revised
ballot title or summary, 101.161
Election, A4 S5, 100.041
Initiative petition sponsors, civil action for
failure to timely deliver petitions, 100.371
Membership on
Political party state executive committee,
103.091
Term of office, A4 S5, 100.041
Third-party voter registration organization
violations, civil actions, 97.0575
ATTORNEYS AT LAW
Campaign financing reports, preparation,
106.141
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, 119.071, 213.053,
943.0313
AUDITS
Campaign financing reports and statements,
106.22
Candidates for statewide office, public
campaign funding, 106.22, 106.33
Political party executive committees, 103.121
Voting systems, 101.591
BADGES AND INSIGNIA
Poll watchers, 101.131
BIDS
Voting equipment purchases, 101.293
BILLS OF RIGHTS
Voters, 101.031
BOARDS, COMMISSIONS, AND COUNCILS
Constitution Revision Commission, A2 S5,
A11 S2, 101.161, 112.3215, 286.035
Elections
Election Assistance Commission, 97.052,
97.057, 97.058, 98.212
Taxation and Budget Reform Commission, A2
S5, A11 S6, 101.161, 286.036
BONDS
Validation
Intervention of parties, 75.07, 100.321
148
Referendum, contesting validity of,
100.321
BOUNDARIES
Election precincts, 101.001
Polling places, no-solicitation zones, 102.031
BRIBERY
Elections, 102.168, 104.061
Voter registration, interfering with or
influencing, 104.012
BUDGETING (STATE)
Financial Impact Estimating Conference,
16.061, 100.371, 101.161
BUILDINGS (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
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, A4 S5, 100.041
Membership on
Elections Canvassing Commission,
102.111
Terms of members, A4 S5, 100.041
CAMPAIGN FINANCING
Accounting records, 106.06
Advisory opinions, 106.23
Appeals of violation decisions, 106.03, 106.07,
106.0702, 106.0703, 106.29
Audits, 106.22
Candidate's or spouse's living expenses,
funds for, 106.1405
Certificates of deposit, 106.021, 106.06,
106.07, 106.0703, 106.141
Civil actions, relief from violations, 106.25,
106.27, 106.28
Complaints alleging violations, 106.25, 106.26
Confidential information, 106.25
Consent agreements involving violations,
106.25
Contributions
Accounting records, 106.06
Affiliated party committees, 106.08
After candidate's election or elimination,
106.141
Assessments on, 106.32
Campaign account withdrawals, 106.021
Campaign treasurer, receipt through,
106.021
INDEX
149
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, return offer; use
of funds not returned, 106.021
Charitable organization contributions,
106.08
Checks, 106.09, 106.35
Contributor identification, 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,
106.143
In name of another, 106.08
Independent expenditures, 106.011,
106.021, 106.087
Limitations, 106.08, 106.088, 106.29
Nonresidents, 106.33, 106.35
Other candidates, 104.071
Political party executive committees,
106.0702, 106.08, 106.29, 106.33
Qualifying by petition, reimbursement of
signature verification fees from
contributions, 99.097
Records, 106.06
Reports
Affiliated party committee, 106.0705,
106.08, 106.29
Candidates, 106.07, 106.0701,
106.0705
Certificate of deposit or account
withdrawals, 106.021
Charitable organization contributions,
106.08
Election campaign financing, 106.35,
106.36
Electioneering communications
organizations, 106.0703,
106.0705
Loan repayments, 106.075
Political committees, 106.07,
106.0705, 106.08, 106.19
Political party executive committees,
106.0702, 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, 420.512
Surplus campaign funds, disposition,
106.141, 717.1235
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
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, 106.07, 106.0702, 106.0703,
106.11, 106.125
Criminal prosecution of violations, 106.27,
106.28
Definitions, 106.011
Depositories
Checks, 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,
106.071, 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
INDEX
150
Polls and surveys, conducting, 106.17
Registered agent, 106.022, 106.0703
Registered office, 106.022
Registration, 106.03
Reports, 106.0703, 106.0705
Statements of organization, 106.03
Treasurer, 106.0703
Unlawful acts; penalties, 106.0703
Elections Commission investigations and
hearings, alleged violations, 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
Affiliated party committees, 106.29
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
Communications media placements,
campaign signs, insurance, and
related expenditures, 106.021, 106.07
Credit cards, 106.07, 106.0702, 106.0703,
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, 106.088
Petty cash funds, 106.12
Political parties, purchases from, 106.08
Political party executive committees,
106.0702, 106.087, 106.29
Public utility services, 106.14
Records, 106.06
Reimbursement, 106.021
Religious, civic, or charitable groups;
purchases from, 106.08
Reports
Affiliated party committees, 106.0705,
106.29
Campaign treasurers, 106.07,
106.0705
Candidates, 100.111, 106.07,
106.0702
Certification, 106.07, 106.29
Electioneering communications
organizations, 106.0703,
106.0705
Electronic filing, 106.0702, 106.0705
Filing deadlines, 106.07, 106.0702,
106.0703, 106.0705, 106.29
Incomplete or inaccurate reports,
106.07, 106.0702, 106.0703,
106.29
Independent expenditures for
electioneering communications,
106.071
Political committees, 106.07,
106.0705
Political party executive committees,
106.0702, 106.0705, 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, 106.06, 106.07,
106.0703
Interest-bearing accounts, 106.021, 106.06,
106.07, 106.0702, 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 by candidate, reimbursement, 106.11
Loans, reporting, 106.07, 106.0702, 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, A6 S7, 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
Public financing for statewide
office violations, fines and
penalties, 106.353, 106.36
INDEX
151
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, A6 S7, 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
Affiliated party committees, 106.0705,
106.08, 106.29
Audits, 106.22
Campaign treasurers, 106.07, 106.0705
Certification of incorrect, false, or
incomplete reports, 106.07, 106.29
Committees making contributions or
expenditures to influence results,
100.111, 106.07
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
Failure to submit reports
Audits, 106.22
Candidates and political committees,
106.07, 106.0701, 106.18, 106.19,
106.21
Contributions solicited for certain
charitable organizations, 106.0701
Electioneering communications
organizations, 106.0703
Political parties and affiliated party
committees, 106.29
Political party executive committees,
106.0702
Surplus funds, disposition, 106.141
Financial reports, content and filing,
106.07, 106.0703, 106.0705,
106.0706
INDEX
Investigative findings, alleged violations,
106.25
Judicial office candidates, 105.08
Loans, 106.07, 106.0702, 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, 717.1235
Transfers of funds, 106.07, 106.0703
Unopposed candidates, 106.07
School board candidates, 105.08
Separate interest-bearing accounts, 106.021,
106.06, 106.07, 106.0702, 106.0703,
106.141
State-owned aircraft and vehicles, payment for
use, 106.15
Surplus funds, disposition, 106.141, 717.1235
Travel by candidate upon private aircraft,
valuation, 106.055
Treasurers
Accounting records, 106.06
Affiliated party committees, 103.092,
106.0705, 106.088, 106.29
Appointment, 106.021
Candidates, surplus funds disposition,
106.141
Deputy campaign treasurers, 106.021
Duties, generally, 106.021
Electioneering communications
organizations, 106.0703
Removal or resignation, 106.021
Replacement, 106.021
Reports, 106.07, 106.0703, 106.0705
Unlawful acts; penalties, 106.07,
106.0703, 106.19, 106.29
Unlawful acts; penalties
Administrative penalties
Electioneering communications
organizations, violations,
106.0703
Fines
Constitutional amendment
initiative sponsor violations,
106.19, 106.265
Contribution limits, violations,
106.19, 106.29
Electioneering communications
organizations, 106.0703
Expenditure violations, 106.087,
106.19, 106.36
Generally, 106.265
Judicial office candidates,
violations, 105.071
Political party executive
committees, 106.0702
Reporting violations, 106.07,
106.0701, 106.0702,
106.0703, 106.0705, 106.19,
106.29, 106.36
Generally, 106.25, 106.265
Rebates, ineligibility to receive,
106.087
Certificate of election, denial or rescission,
106.18, 106.21
Criminal activities
Campaign treasurers, 106.07,
106.0703, 106.19, 106.29
Candidates, failure to file statement of
understanding of campaign
financing provisions, 106.023
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, 106.07, 106.0702,
106.0703, 106.29
Political party executive committees,
106.0702, 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 or
retention, 106.141
Withdrawal of candidate, funds disposal,
106.141
152
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
Change of office sought, 106.021
Complaints against, 104.271, 104.2715
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, 97.021, 105.011, 106.011
Delegates to national convention, 103.101
Designation of office sought, 106.021
Disclosures
Financial interests, A2 S8, 99.061, 99.063,
105.031, 112.3144, 112.3145
Disqualification, 100.111, 106.18, 112.317,
112.324
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
Unlawful acts; penalties, 103.121, 105.09,
106.143
False or malicious charges by opponents,
complaint procedures, 104.271
False representations of military service,
104.2715
Federal office candidates, 99.012, 99.021,
99.061, 99.095, 101.6952
Gifts in memory of deceased persons, 106.08
Gubernatorial, A4 S5, 99.063, 101.6952,
106.0701
Independent (no party affiliation) candidates
Absent uniformed services voters or
overseas voters, vote-by-mail ballot
designation, 101.6952
Apportionment year, signature
requirements, 99.09651
Ballots, placing names on, A6 S1,
99.0955, 101.151, 101.2512, 103.021
Generally, 99.0955
Petitioning for qualification, 99.0955,
103.021
INDEX
153
Presidential elections, 103.021
Qualification, 99.021
Qualifying fees, 99.0955
Judicial office
Ballot format, A5 S10, 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,
101.6952, 106.0701
Living expenses, defrayal from campaign
funds, 106.1405
Loans by candidates, reimbursement, 106.11
Minor party candidates
Apportionment year, signature
requirements, 99.09651
Ballots, placing names on, A6 S1,
101.151, 101.2512, 103.021
Generally, 99.096
Petitioning for qualification, 99.096,
103.021, 104.185
Presidential elections, 103.021
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, 876.05
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, 876.05
School board candidates, 105.031
Officeholders, resign-to-run requirement,
99.012
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,
106.141
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, 101.6952,
103.021, 103.022, 103.101
INDEX
154
Presidential electors, 103.021, 103.091
Public employees, 99.012, 110.233
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
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
Signature verification fees, 99.097,
106.141
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
Minor party candidates, 99.096
National convention delegates, 103.101
Noncompliance with campaign financing
law, not disqualifying candidate,
106.19
Nonpartisan candidates, 105.031
Oath, 99.021, 99.097, 105.031, 876.05
Office of candidacy, designation, 106.021
Political party office, 103.091
Restrictions, 99.012
Review of qualifying papers, 99.061
School board candidates, 105.031,
105.035
Special district office candidates, 99.061,
99.095, 189.04
Vacancies in nomination, 100.111, 106.18
Vacancies in office, 100.111
INDEX
Write-in candidates, 99.021, 99.061,
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, 1001.361
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
Surplus campaign funds, disposition, 106.141
Telephone solicitation, 106.147
Travel on private aircraft, valuation for
campaign financing purposes, 106.055
Unlawful 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
Military service, false representations,
104.2715
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 district 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
Unopposed 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
Political advertisements, 106.143
President and Vice President, 103.022
Qualification, 99.021, 99.061, 103.022,
105.031
Qualifying fees, 99.061
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
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, A4 S5, 100.041
Membership on
Political party state executive committee,
103.091
Term of office, A4 S5, 100.041
CIRCUIT COURT JUDGES
Campaign financing, limitation on
contributions, 106.08
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, A5
S10, 101.161, 105.036, 105.102
155
INDEX
CIRCUIT COURTS
Appellate review
Voter registration ineligibility
determination, 98.0755
CITIZENSHIP
Electors, A6 S2, 97.041
Voter registration, 97.041, 97.052, 98.075
CIVIL ACTIONS
Campaign financing violations, 106.25,
106.27, 106.28
Constitutional amendments or revisions
proposed by joint resolutions, challenges,
101.161
Political party county executive committee
members, wrongful removal, 103.141
Voter registration, 97.012, 97.023, 97.0575
CIVIL RIGHTS
Felons
Restoration of rights
Voting rights, 97.052
Voting rights, 104.0515
CLEMENCY
Notice to Department of State for voter
registration purposes, 98.093
Offender Review, Commission on, 20.32,
98.093
CLERKS OF CIRCUIT COURTS
Election, A8 S1, 98.093, 100.041
Reports
Voters, mental incapacity, 98.093
Terms of office, A8 S1, 100.041
Voter registration, duties, 98.093
COERCION OR DURESS
Elections, interference with voter, 104.061
Public officers and employees, political
pressure, 104.31, 110.233
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 DEVELOPMENT DISTRICTS
Election costs, payment, 100.011, 190.016
COMPUTERS
State systems
Elections Commission, final orders and
agency actions database, 106.25
Elections, Division of; online voter
registration, 97.0525
Voter registration, online, 97.0525
CONFIDENTIAL INFORMATION
Campaign financing information, 106.0706,
106.25
Election violation complaints and investigative
information, 106.25
Vote-by-mail ballots, record of requests and
delivery information, 101.62
Voter identification and felony conviction
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, A11 S5, 101.161, 101.171
Revision commission, A11 S2, 101.161,
286.035
Oath to uphold, A2 S5, A6 S3, 97.051, 876.05
Revision Commission, A2 S5, A11 S2,
101.161, 112.3215, 286.035
CONSTITUTION REVISION COMMISSION, A2
S5, A11 S2, 101.161, 112.3215, 286.035
CONSTITUTION (UNITED STATES)
Oath to uphold, A2 S5, A6 S3, 97.051, 876.05
Presidential electors, 103.051
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
156
INDEX
Canvassing board, substitute or alternate
members, 102.141
Election, A8 S1, 100.041, 124.011
Memberships on
Canvassing boards, 102.141
Nomination, 100.081
Recall petitions and elections (charter
counties), 100.361
Term of office, A8 S1, 100.041, 124.011
COUNTY COURT JUDGES
Campaign financing, limitation on
contributions, 106.08
Canvassing board, chair or alternate member,
102.141
Merit selection and retention, local option, A5
S10, 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, A8 S1, 100.041
Terms of office, A8 S1, 100.041
COURT COSTS
Voter registration ineligibility determination
proceedings, 98.0755
CREDIT CARDS
Electioneering communications organization
use, 106.0703
Political campaign use, 106.07, 106.0702,
106.0703, 106.11, 106.125
CRIMES
Election violations
Initiative petitions violations, 104.186,
104.187
Political party officers, violations by,
103.121, 106.29
Employers, acts against employees, 104.081,
448.03, 448.04
Initiative petition violations, 104.186, 104.187
Political advertising violations, 106.071,
106.1439, 106.147, 106.1475
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, 843.14, 849.32,
932.63, 932.65
Voter registration violations, 106.27
CUSTODIANS
Voting systems, 101.34, 101.341
DEATH
Candidate for office, filing fee refund, 99.092
Electors; effect on vote-by-mail ballots, early
voted ballots, or mail ballot election
ballots, 101.6103, 101.657, 101.68
Social Security Administration, provision of
death information, 98.075, 382.0135,
717.107
Voter lists, purging, 98.045, 98.065, 98.075,
98.093
DEBIT CARDS
Campaign finance expenditures, using, 106.11
DISABILITIES, PERSONS WITH
Buildings and facilities accessibility
Polling places, 101.56063, 101.715
Poll worker training program on etiquette and
sensitivity issues, 102.014
Vote-by-mail ballots, 101.65, 101.661,
101.662, 101.6923
Voter registration
Offices serving persons with disabilities,
97.021, 97.023, 97.052, 97.053,
97.058
Online registration, 97.0525
Voting assistance eligibility, notation on
voter information card, 97.061
DISCLOSURE
Solicitation of contributions, 106.0701,
496.411, 496.412, 496.419, 496.422
DISCRIMINATION
Voting rights, deprivation of or interference
with, 104.0515
DISTRICT COURTS OF APPEAL
Judges
Campaign financing, limitation on
contributions, 106.08
DRIVER LICENSES
Address change, 97.057, 318.14, 318.18,
322.17, 322.19, 775.21, 775.261,
943.0435
Application
Voter registration information, transfer to
voter registration application, 97.057
Examiners, 97.057, 322.12, 322.13, 322.56
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, 97.0525, 97.053, 97.057,
97.0585, 98.045, 322.135, 322.142
EDUCATION FINANCE
District school fund
157
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
Definitions, 97.021
Municipal elections, conduct governed by,
100.3605
Pamphlet, distribution, 97.025
ELECTIONS
Advisory opinions, Division of Elections,
106.23
Agriculture, Commissioner of, A4 S5, 100.041
Attorney General, A4 S5, 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, A6 S1, 99.0955,
101.151, 101.2512, 103.021
Judicial office candidates, A5 S10,
105.041
Minor party candidates, A6 S1,
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
INDEX
158
Removal, campaign finance violations,
106.18
Removal, resign-to-run violations,
99.012
Replacement nominee, 100.111
Unopposed candidates, 101.151,
101.252
Write-in candidates, 99.061
Changing elector's ballot, 104.21
Constitutional amendments or revisions,
100.371, 101.161
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, 153.53
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, A5 S10, 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
Minority languages, single-language ballot
requests, 101.151
Nonpartisan offices and nonpartisan
candidates, 105.041
Number required, 101.21
Paper ballots, 101.21, 101.24
INDEX
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
Grouping candidates for office,
101.254
Nonpartisan offices, 105.041
Presidential preference primary,
103.101
Specifications and format, 101.151
Unopposed 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
County of residence, change, 101.045
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
Precinct-level returns, 98.0981
Recounts, 102.166
Signature matching requirements,
101.048
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
vote-by-mail 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, publication and
transmission, 101.20
Secret ballots, 101.041, 101.6103
Security measures for, 101.015
Specifications, content, and format,
101.151
Spoil ballots, replacement limit, 101.5608
Substitute ballots, 101.43
Test ballots, 101.5612
Translation for language minority groups,
statewide ballot issues, 101.2515
Unopposed candidates, 101.151, 101.252
Unused, 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
Early voting, 102.141
Electronic voting systems, 101.5614
Federal officers, 102.111, 102.121,
102.131
Generally, 102.141, 102.151
Location, 101.5614, 102.141
Mail ballot elections, 101.6103, 101.6104
Multi-county officers, 102.111
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
Vote-by-mail ballots, 101.5614, 101.68,
101.6925, 101.6952, 102.141
Canvassing boards (county)
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, 102.141
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
Public notice requirements, 102.141
159
INDEX
Recounts or retabulations, 101.591,
102.141, 102.166
Release of results before closing of polls,
101.5614, 101.68
Signature matching training, requirements,
97.012
Special election returns, 100.111
Unofficial returns containing counting
errors, duties, 102.141
Vote-by-mail ballots, canvass procedure,
101.5614, 101.68, 102.141
Vote-by-mail ballots, review of signature in
contest, 102.168
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, A4 S5, 100.041
Civil actions
Campaign finance violations, 106.27,
106.28
Enforcement actions, 97.012
Initiative petition sponsors, civil action for
failure to timely deliver petitions,
100.371
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, A8 S1, 98.093,
100.041
Community development districts, 100.011,
190.006, 190.012
Complaints alleging violations, 106.25
Confidential information, 106.25
Consent agreements involving violations,
106.25
Constitutional amendments, A11 S5, 101.161,
101.171
Contesting election
Electronic voting systems, procedure,
102.166
Generally, 102.168
Inspection of vote-by-mail ballots by
public, 101.572
Judgment of ouster, 102.1682
Legislative elections, 102.171
Petition signatures, contest of verification,
99.097
Pleadings, 102.168
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, A8 S1,
100.041, 124.011
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, A8 S1, 99.061, 100.041
Criminal prosecution of violations, 16.56,
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
Canvass of results, 102.141
Examination of equipment during,
101.5613
Generally, 101.657
Maintenance of order at voting sites,
102.031
Precinct-level returns, 98.0981
Voting in person by person requesting
vote-by-mail ballot, 101.69
Election boards
Appointment, 102.012, 102.014
Canvass of returns, 101.5614, 101.68
Maintenance of order at polls, 102.031
Members, qualifications, 102.012
Release of results before closing of polls,
101.5614, 101.68
Results, posting at polls, 102.071
Vacancies, filling, 102.014
Election Code, 97.011
Election emergencies
Absentee voting by overseas voters,
101.698
160
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, A6 S5,
101.733
Vote-by-mail ballot delivery on day of
election, 101.62
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
Compensation, 102.021, 107.06
Election boards, membership,
102.012
Identification of voters, 101.043
Oath of office, 102.012
Persons assisting electors in voting,
oath, 101.051
Recruitment, 102.014
Solicitation at polling places or early
voting sites, duties, 102.031
Substitute ballots, 101.43
Training, 97.012, 102.014
Voter identification, 101.49, 101.5608
Disclosure of elector's vote, 104.23
Elector signature identification, duties,
101.5608
Elector voting in person after receiving
vote-by-mail 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
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
Compensation, 102.021, 107.06
Election boards, membership,
102.012
Identification of voters, 101.043
INDEX
161
List of electors voting, 101.23
Oath of office, 102.012
Persons assisting electors in voting,
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, 97.012, 102.014
Travel expenses, 102.021
Unlawful acts; penalties
Disclosing how elector votes, 104.23
Intimidation or suppression of voters,
104.0615
Neglect of duty or corrupt practices
by, 104.051
Registration books, refusal by
supervisor to deliver to successor,
104.32
Release of results before closing of
polls, 101.5614, 101.68
Voting system custodians, prohibited
activities, 101.341
Watchers while ballots are counted,
refusal to allow, 104.29
Vacancy on election day, filling, 102.014
Voting system vendors, employment by,
101.341
Voting systems, 101.34, 101.341
Electors
Age, A6 S2, 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, A6 S2, 97.041, 98.075
Contesting election, 102.168
Death, effect on ballots, 101.6103,
101.657
Disabilities, electors with, 97.061,
101.048, 101.049, 101.051
Display or exposure of ballot, 104.20
Disqualification, A6 S4, 97.041, 98.075
Failure to vote, registration status, 98.065
Felons, A6 S4, 97.041, 98.045, 98.075,
98.0751, 98.093
Freeholders, 100.241
Illiterate electors, 97.061, 101.051
Judicial elections, eligibility to vote in,
105.061
Mental incapacity, A6 S4, 97.041, 98.075,
98.093
Minor political parties, elector's rights,
103.095
Oath, A6 S3, 97.051, 101.051, 101.49,
101.64
Overseas residing citizens, notice of
elections, 100.025
Qualifications, A6 S2, 97.041, 104.0515
Residency, A6 S2, 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
Total number, certification, 106.34
Electronic voting systems
Adoption by county commissioners,
101.5604
Audits; manual, automated, or
independent, 101.591
Ballots
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
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
Security requirements, 101.015
Specifications, 101.151
INDEX
162
Spoil ballots, replacement limit,
101.5608
Tabulator, placement in, 101.5608
Touchscreen ballots, 102.141
Unused, void, or defective ballots,
101.5614
Vote-by-mail ballots, 101.5612,
101.5614, 101.68
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
Defects in systems, disclosure and
corrective measures, 101.56065
Definitions, 101.5603
Disapproval of system use, 101.56065
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
Investigation of defects, 101.56065
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
Registered agent of vendor, 101.5605
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, 190.016
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,
125.01
Special election or special primary
election, 100.102
Forms
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
Vote-by-mail voter's certificate, 101.64,
101.6921
Vote-by-mail voting instructions, 101.65,
101.6923
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, A4 S5, 100.041
Dates for holding, A6 S5, 100.031
Governor, A4 S5, 100.041
Holding, 100.031
Initiatives, A11 S5, 100.371
Judgment of ouster, 102.1682
Judicial office, A5 S10, 105.051
Legislators, 100.041
INDEX
163
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
Absent uniformed services voters or
overseas voters, vote-by-mail ballot
designation, 101.6952
Election and term of office, A4 S5, 14.055,
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), A3 S15,
100.041, 100.101, 100.111
Initiatives
Financial impact statements, A11 S5,
16.061, 100.371, 101.161
Financial information statements, 100.371
Judicial selection initiatives, A5 S10,
101.161, 105.036
Petitions
Forms and signatures, validity and
verification, 15.21, 100.371,
105.036, 1001.362, 1001.364
Judicial selection initiatives, A5 S10,
105.036
Paid circulators, use, 106.19
Registration of petition circulators,
100.371, 104.187
Signatures gathered for, effect of ch.
97-13, Laws of Florida, 106.191
Sponsor as fiduciary; duties and
penalties, 100.371
Violations; crimes, 104.186, 104.187
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,
A4 S10, A5 S3, 16.061, 100.371
Investigations, 97.012, 101.58, 102.091,
104.42, 104.43, 106.07, 106.25
Judges
Ballots, A5 S10, 101.161, 105.036,
105.041
Circuit courts and county courts
Direct election or merit selection and
retention, local option, A5 S10,
101.161, 105.036
Generally, A5 S10, 105.051
Initiatives for judicial selection,
105.036
Transition provisions, A5 S20,
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, A5 S10, 105.051
Nonpartisan office, 105.011
Primary election, 105.051
Retention elections, A5 S10, 101.6952,
105.041, 105.051
Supreme Court justices, A5 S10, 105.041,
105.051
Law enforcement officers, duties, 102.031,
102.101, 104.11
Legislators, A3 S15, 100.041, 100.101,
100.111
Lieutenant Governor, A4 S5, 14.055, 101.151,
101.595
National convention delegates, 103.101
Notices
Ballot, publishing, 101.20
Candidates endorsed for nomination by
county executive committees, 103.121
County canvassing board meeting, public
notice requirement, 102.141
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
INDEX
164
Registration, 97.073, 97.1031, 98.065,
98.0655, 98.075, 98.077
Rejection of vote-by-mail 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, A6 S3, 97.051, 101.051, 101.49,
101.64
False swearing, 104.011
Military personnel voting vote-by-mail
ballots, 101.64
Overseas residing citizens voting vote-by-
mail ballots, 101.64
Voter challengers, 101.111
Overseas residing citizens
Notice of elections, 100.025
Petitions, recall elections; municipalities and
charter counties, 100.361
Petitions, signature violations, 100.361,
104.185, 104.186
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, 97.071, 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
Constitutional amendments,
availability at, 101.171
Generally, 101.657
Marksense ballots, printing at,
101.151
Poll watchers, 101.131
Soliciting voters at, 101.051, 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
Elections results on precinct level,
compilation, 98.0981
Electors voting vote-by-mail 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
Preparation reports, 100.032
President and Vice President
Ballots, 101.151, 103.021, 103.022,
103.101
INDEX
165
Canvass of election returns, 102.131
Change of residence to another state,
effect on voting, 101.663
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, 101.62,
101.6952, 103.101
Uniformed services voters or overseas
voters, vote-by-mail ballot designation,
101.6952
Vacancies in offices, special election,
100.101
Write-in candidates, 103.022
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, 98.0981,
101.62, 101.6952, 103.101
Primary elections
Ballot specifications and format, 101.151
County commissioners, nomination,
100.081
Date, 100.061
Electors, political party affiliation, A6 S5,
101.021
Grouping of candidates on ballot, 101.254
Gubernatorial candidates, running without
Lieutenant Governor candidates, A4
S5, 99.063
Judicial office, 105.051
National convention delegates,
congressional district level, 103.101
Polls, hours of operation, 100.011
Precinct-level results, 98.0981
Presidential preference, 98.0981, 101.62,
101.6952, 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
Vote-by-mail ballots, 101.62
Property appraisers, A8 S1, 100.041
Public defenders, A5 S18, 27.50, 100.111
Recall elections, municipalities and charter
counties, 100.361
Records
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
Reports on preparations, 100.032
Representatives (state), A3 S15, 100.041,
100.101, 100.111
Resign-to-run requirement, public officers,
99.012
Results
Canvassing Commission, duties, 100.111,
100.191, 102.111, 102.121, 102.131,
102.141
Certificates, 102.071, 102.121, 102.151
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, 101.591,
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
Vote-by-mail ballots, 101.68, 102.141
INDEX
166
Right to vote, 104.0515
Senators (state), A3 S15, 100.041, 100.101,
100.111
Sheriffs
Compensation of deputies, 102.021
Duties, generally, 102.091
Election and term of office, A8 S1,
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
Campaign financing reports, 106.29
Canvass of returns and declaration of
nominees, 100.111
County commissioners, call by, 100.151
Date, 100.101, 100.111, 100.141
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 attorneys, A5 S17, 27.01, 100.111
State, Department of
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 or revisions,
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
Defect proceedings, 101.56065
Examination, 101.5605
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
Minor political parties, duties, 103.095
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
Public officer qualifying for another office,
notice of automatic resignation,
99.012
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
Vote-by-mail ballots, alternative formats,
101.662
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
INDEX
167
Circuit and county court judges, selection
method, 105.036
Directions and opinions to supervisors of
elections, 97.012
Elections Commission Trust Fund,
provision of rewards, 106.24
Generally, 97.012
Initiative petition sponsors, failure to timely
deliver petitions; referral to Attorney
General, 100.371
Precincts altered or established, waiver of
boundary requirements, 101.001
Premises, records, equipment, and staff of
supervisors of elections; access,
101.58
Presidential preference primaries, 103.101
Recounts in federal, state, or multicounty
races, 102.141, 102.166
Registration of petition circulators,
100.371, 104.187
Voter registration, 97.012, 97.0575,
98.035, 106.24
Statistical information, furnishing, 98.212
Supreme Court justices, A5 S10, 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
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
Vote-by-mail ballots, 104.0616,
104.17
Write-in ballots, casting other than in
handwriting, 104.19
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
Electronic voting systems; suspension of
sales or lease, civil penalties, and
disapproval of use, 101.56065
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, 104.186
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, 110.233
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, 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
Assistance, false declaration for,
104.031
Assisting elector in voting booth,
unauthorized persons, 101.051
Assumed name, use, 104.24
Buying votes, 104.061
INDEX
168
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
Freeholder elections, 100.241
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, 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
Vote-by-mail and in-person ballots by
same elector, 104.17
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,
A6 S5, 100.111
Legislature, A3 S15, 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
Vote-by-mail ballots
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, 101.6952, 102.141
INDEX
Challenge, 101.6104, 101.68
Change of residence to another state,
101.663
Cure affidavit, 101.048, 101.68
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
Denial of right to vote with, 104.0515
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
Federal write-in vote-by-mail ballots,
101.5614, 101.6952, 102.166
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, applicability to,
101.6105
Mailing or transmission of ballots,
101.6103, 101.62, 101.694, 101.6952,
101.697
Marksense vote-by-mail ballots, 101.151
Nursing home residents, supervised
voting, 101.655
Overseas residing citizens
Electronic transmission of vote-by mail
ballot requests and vote-by-mail
ballots, 101.62, 101.6952,
101.697
Emergency situations, absentee
voting in, 101.698
Mail ballot elections, 101.6103
Mailing date of ballot, 101.6952
Mailing of ballots, 101.62
Oath in lieu of voter's certificate,
101.64
Requests for vote-by-mail ballots,
101.62, 101.6952, 101.697
Responsible office, 97.012
Vote-by-mail envelopes, 101.694
Voter's instructions, 101.65, 101.6923
Write-in vote-by-mail ballots,
101.6951, 101.6952
Overvoted or undervoted races, treatment,
101.5614
Pecuniary or other benefits, offering or
receiving in connection with, 104.0616
Physical return of, 101.69
Possession of multiple ballots, 104.0616
Precinct-level returns, 98.0981
Precincts of vote-by-mail 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 comparisons, 101.68, 102.168
Signature updates for use in verifying,
deadline for receipt, 98.077
Solicitation of voters where vote-by-mail
ballots are requested, 102.031
Uniformed services voters, 97.012,
101.62, 101.64, 101.694, 101.6952
Uploading results on day before election,
102.141
Voter's certificate, 101.64, 101.68,
101.6921
Voting in person after casting, 101.69,
104.17
Voting vote-by-mail ballots, 101.661
Write-in vote-by-mail ballots, 101.5614,
101.6951, 101.6952, 102.166
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
Notice of prohibition to vote-by-mail
voters, 101.64, 101.6921
Notice of prohibition to voters,
101.5611
Notice to elections supervisor when
multiple vote-by-mail ballots are
submitted, 101.6952
Prohibition, generally, 104.18
Voting in person and by vote-by-mail
ballot, 104.17
Challenging voters, 101.048, 101.111,
104.0615
Changing elector's vote, 104.21
Deprivation of voting rights, 104.0515
Disabilities, persons with
Provisional ballots, 101.048, 101.049
Voting assistance, 101.051, 101.715
Voting systems, devices, and
accessibility
169
INDEX
Accessibility standards,
101.56062, 101.715
Federal funding, eligibility,
101.56063, 101.56064
Touchscreen systems, testing,
101.5612
Voting methods, 101.56075
Disclosure of elector's vote, 104.23
District, 101.045
Educational programs, 98.255
Employers, discharging or threatening to
discharge employees for voting,
104.081
Fraud
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
Vote-by-mail ballots, 101.64,
101.6921
Voter fraud hotline, 97.012
Freeholder, 100.241
Help America Vote Act of 2002,
procedures on complaints of
violations, 97.028
History of voting, 98.0981
Identification of electors
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
Vote-by-mail voters, 101.6925
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
Name 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
Precincts, 101.045
Provisional ballots, 101.045, 101.048,
101.69
Right to vote, 104.0515
Secret vote, A6 S1, 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
Uniformed services personnel
Late registration, 97.0555
Oaths, administration, 101.665
Recruitment offices, voter registration,
97.012, 97.023, 97.052, 97.053
Vote-by-mail voting, 97.012, 101.62,
101.64, 101.694, 101.6952
Unqualified elector, voting by, 104.15
Vote-by-mail voting, 101.661
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, 104.30
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
170
INDEX
False or irregular returns, duties, 102.131 ELECTIONS, DIVISION OF
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, 106.07,
106.0702, 106.0703, 106.25, 106.26,
106.265, 106.29
Campaign treasurers' accounts, inspection,
106.06
Complaints, 104.271, 104.2715, 106.25
Confidentiality of complaints and proceedings,
waiver, 106.25
Consent orders, 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, 106.07,
106.0702, 106.0703, 106.25, 106.26,
106.29
Election violations, 106.25, 106.26
False or malicious charges against
opponents, 104.271
False representation of military service by
candidates, expedited hearings,
104.2715
Single commissioner or partial panel,
hearings before, 106.24
Voter registration violations, 106.25,
106.26
Jurisdiction, 106.165, 106.25
Meetings, 106.24
Membership, 106.24
Oaths, authority to administer, 106.26
Penalties, assessment, 104.2715, 106.26,
106.265
Powers and duties, 106.25, 106.26
Quorum and voting, 106.24
Rulemaking authority, 104.271, 104.2715,
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
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
County canvassing boards, reports to,
102.141
Elections Canvassing Commission, staff
services for, 102.111
Initiative petition circulators and forms,
database, 100.371
Initiative petition duties, 15.21, 100.371
Investigations, 106.23
Judicial office candidates, duties, 105.031,
105.035
Oaths, authority to administer, 106.23
Poll watcher forms, duties, 101.131
Poll worker training curriculum, development,
102.014
Registered voters, certification of total number,
106.34
Rulemaking authority
Audits, independent, 101.591
Campaign financing, 106.35
Campaign reports, electronic filing,
106.0705
Elections emergency contingency plan,
101.733
Generally, 106.22
Initiative petitions, integrity of petition
process and signatures, 100.371
Political committees or electioneering
communications organizations,
dissolution, 106.03
Political parties and minor political parties,
filings cancellation, 103.095
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
Voter registration system, online; duties,
97.0525
171
INDEX
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
Ballots
Box, duty to furnish, 101.24, 101.5608
Box, sealing and delivery to counting
location, 101.5614
Candidates' names, placement, 101.2512
Illegal vote-by-mail ballots, notice to
electors, 101.68
Inspection by public, duties, 101.572,
119.07
Mail ballot elections, duties, 101.6103
Printing, 100.051, 101.21
Provisional ballots, duties, 101.048,
101.049
Sample ballot, publishing and transmitting,
101.20
Vote-by-mail ballots, duties, 101.62,
101.64, 101.68, 101.6921, 101.6925,
101.6952, 101.697, 102.141
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, 190.006
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, duties, 101.657, 102.141
Election, A8 S1, 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
Election preparation report on website,
100.032
Electronic voting systems, defect proceedings,
101.56065
Electronic voting systems, use of provisionally
approved system, 101.015
Independent (no party affiliation) candidates,
duties, 99.0955
Influencing or interfering with ballot voting,
104.051
Initiative petition forms; contents, availability,
and provision to Division of Elections,
100.371
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
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,
1001.362, 1001.364
Seal, 98.015
Security procedures, 101.015
Signature matching training requirements for,
97.012
Solicitation at polling places or early voting
sites, duties, 102.031
Special district elections, duties, 100.011,
165.0615, 189.04, 189.041, 189.074
Special elections, notice, 100.141, 100.151
State, Secretary of; directions and opinions
from, 97.012
Statistical information, furnishing, 98.212
Supervised voting for assisted living facility
and nursing home residents, duties,
101.655
Third-party voter registration organizations,
duties, 97.0575
172
INDEX
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
Elections, sample ballots, 101.20
Elections, vote-by-mail ballot requests for
uniformed services voters and overseas
voters, 101.62, 101.6952
EMERGENCIES
Voting equipment purchases, 101.293
EMERGENCY MANAGEMENT
Definitions, 101.732, 252.34, 252.60
Governor
Elections; suspension, delay, or
rescheduling, 101.733
ESTIMATING CONFERENCES
Financial Impact Estimating Conference,
16.061, 100.371, 101.161
ETHICS IN GOVERNMENT
Candidates for public office
Financial interests, disclosure, A2 S8,
99.061, 99.063, 105.031, 112.3144,
112.3145
Disclosure
Financial interests, generally, A2 S8,
99.061, 112.3144, 112.3145,
112.3147, 112.3148
EVIDENCE
Bond referenda results, 100.291
Presumptions
Vote-by-mail ballots from absent
uniformed services voters and
overseas voters, date of mailing,
101.6952
Voter registration, 92.295, 97.0575
FACSIMILE TRANSMISSIONS (FAX)
Vote-by-mail ballots and ballot requests for
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
Financial obligations of, restoration of voting
rights and, 98.0751
Public office, recall in municipalities and
charter counties, 100.361
Voting
Disqualification, A6 S4, 97.041
Registration application, felons with civil
rights restored, 97.052
Registration system, removal of name
from, 98.045, 98.075, 98.0751, 98.093
Termination of ineligibility and restoration
of voting rights, 98.0751, 948.041
FIDUCIARIES
Initiative petition sponsors as; penalties and
defenses, 100.371
FINANCIAL IMPACT ESTIMATING
CONFERENCE
Initiatives, financial impact statements,
financial information statements, and
budget impact statements, 16.061,
100.371, 101.161
FINES AND PENALTIES
Candidates, 104.271, 104.2715
Third-party voter registration organizations,
97.0575
FISH AND WILDLIFE CONSERVATION
COMMISSION
Voter registration duties, 97.05831, 379.352
FLORIDA COLLEGE SYSTEM INSTITUTIONS
Students
Voter registration, 97.052, 97.0583
Voter registration, 97.052, 97.0583
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
GENERAL REVENUE FUND
Deposits
Campaign financing violation penalties,
106.08, 106.19, 106.265
Candidates
False or malicious charge, penalties,
104.271
False representations of military
service, penalties, 104.2715
Filing fees, 99.0955, 99.103, 106.087
Reporting violations, fines, 106.07
173
INDEX
Surplus campaign funds, 106.141
Electioneering communications
organizations, fines, 106.0703
Political committees, fines, 106.07
Political party affiliated committees, fines
or withheld funds, 106.088, 106.29
Political party candidate assessments,
106.087
Political party executive committees, fines,
106.0702, 106.29
GIFTS
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
Presidential electors, 103.021
United States Senate, temporary
appointment, 100.161
Voter registration or removal complaint
dispute mediators, 97.023
Campaign financing, limitation on
contributions, 106.08
Campaign financing, state funds, 106.32,
106.33, 106.34, 106.35
Contributions solicited for certain charitable
organizations, reporting requirements,
106.0701
Election, A4 S5, 14.055, 100.041, 101.595
Emergency powers
Election emergencies, 101.733
Gubernatorial candidates, A4 S5, 99.063,
101.6952, 106.0701
Membership on
Elections Canvassing Commission,
102.111
Political party state executive committee,
103.091
Presidential electors, nomination, 103.021
Term of office, A4 S5, 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, 216.134
GRAND JURIES
Elections, special investigations, 104.43
GUARDIANS
Vote-by-mail ballots for electors, requests for,
101.62
HEALTH, DEPARTMENT OF
Deceased voters, list compilation, 98.093
Voter registration system maintenance,
provision of death information, 98.075,
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,
98.075
HOLIDAYS AND OBSERVANCES
Voter registration, 97.055
IDENTIFICATION CARDS
Voter registration, generally, 97.0525, 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, A2 S8,
99.061, 112.3144, 112.3145
INCOMPETENT OR INCAPACITATED
PERSONS
Legal disabilities
Voting or registering to vote,
disqualification, A6 S4, 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
INFORMATION TECHNOLOGY SERVICES
MANAGEMENT
Security of data and information technology
Voter registration system, 97.0525
INJUNCTIONS
Campaign financing, 106.27
Elections, 97.012, 106.27
Initiative petition sponsors, civil action for
failure to timely deliver petitions, 100.371
Voter registration, 97.012, 97.023, 97.0575,
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
174
INDEX
Special districts, failure to pay election
expenses; interest penalty, 100.011
INTERSTATE COMPACTS
Voter registration, sharing information with
nongovernmental entity, 98.075
JAILS
Prisoners
Vote-by-mail 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
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
Candidates for legislative office, limitation on
campaign contributions, 106.08
Constitution of Florida
Amendment or revision, A11 S1, A11 S5,
A12 S14, 101.161
Economic and Demographic Research, Office
of
Estimating conferences, participation,
100.371, 216.134
Initiative financial information statements,
publication on website, 100.371
Initiative petition sponsors, official list of
persons authorized to speak on behalf
of, 100.371
House of Representatives
Estimating conferences, participation,
100.371, 216.134
Majority leader, leadership funds, 106.295
Minority leader, 103.091, 103.092, 106.24,
106.295, 629.401
Speaker
Affiliated party committee, duties,
103.092
Elections Commission, nomination of
members, 106.24
Leadership funds, 106.295
Political party state executive
committee, at-large member,
103.091
Members
Contributions solicited for certain
charitable organizations, reporting
duties, 106.0701
Election, A3 S15, 100.041, 100.101,
100.111, 102.171
Political party executive committees, at-
large membership, 103.091
Term of office, A3 S15, A12 S12, A12
S14, 100.041
Vacancy in office, A3 S15, A10 S3,
100.111
Resolutions
Constitutional amendment or revision, A11
S1, 101.161
Joint resolutions, A3 S7, A3 S16, A11 S1,
101.161
Senate
Confirmation of appointments
Elections Commission, 106.24
Estimating conferences, participation,
100.371, 216.134
Majority leader, leadership funds, 106.295
Minority leader, 103.091, 103.092, 106.24,
106.295, 629.401
President
Affiliated party committee, duties,
103.092
Elections Commission, nomination of
members, 106.24
Leadership funds, 106.295
Political party state executive
committee, at-large member,
103.091
LIBRARIES
Voter registration agency status and duties,
97.021, 97.023, 97.052, 97.053, 97.058
LIEUTENANT GOVERNOR
Campaign financing, limitation on
contributions, 106.08
Campaign financing, state funds, 106.33,
106.34
175
INDEX
Candidates for office, 99.063, 100.111,
101.6952, 106.0701
Contributions solicited for certain charitable
organizations, reporting duties, 106.0701
Election, A4 S5, 14.055, 101.151, 101.595
Political party state executive committee,
member, 103.091
LIMITATION OF ACTIONS
Constitutional amendments or revisions
proposed by joint resolutions, challenges,
101.161
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,
106.0702, 106.0703, 106.075, 106.11
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
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, A5 S10, 101.161,
105.036
County court judges, direct election or merit
selection and retention, A5 S10, 101.161,
105.036
MAGAZINES
Advertisements intended to influence public
policy or vote of public official,
sponsorship designation, 106.1437
Political advertising, rates and charges,
106.16
MAIL
Vote-by-mail 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, 112.51
MANDAMUS
Election laws, enforcement, 97.012
Voting violations, enforcement of hearing
officer orders, 97.028
MARRIED PERSONS
Vote-by-mail 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
Candidates for office, false representation of
service; penalty, 104.2715
Oaths, administration, 92.51, 101.665
Recruitment offices, voter registration, 97.012,
97.023, 97.052, 97.053
Reservists
Candidates for office, false representation
of service; penalty, 104.2715
MINORITY GROUPS
Voting rights, deprivation or interference with,
104.0515
MINORS
Voting, preregistration for, 97.041, 97.0585
MOTOR VEHICLES
State vehicles
Candidates for public office, use of
vehicles, 106.15
Charges for use of vehicles, 106.15,
287.16
Limitation on use of vehicles, 106.15,
287.17
MOTOR VOTER LAW, 97.053, 97.057
MUNICIPALITIES
Annexation or contraction
Mail ballot elections, 101.6102
Referenda, 101.6102, 171.0413, 171.046,
171.051, 171.205
Elections
Annexation or contraction, 101.6102,
171.0413, 171.046, 171.051
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
176
INDEX
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
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
NATIONAL GUARD
Candidates for office, false representation of
service; penalty, 104.2715
Unlawful acts; penalties
Candidates for office, false representation
of service, 104.2715
Civil penalties, 104.2715, 250.905
NEW SPAPERS
Elections
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
Vote-by-mail ballots, notice of canvass of
returns, 102.141
Emergencies, public service messages,
101.733, 252.33
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
Vote-by-mail electors, 101.655
OATHS
Authority to administer
Deputy supervisors of elections, 101.665
Elections Commission, 106.26
Elections, supervisors of, 101.665
Military officers, 92.51, 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, 114.05
OFFENDER REVIEW, COMMISSION ON
Clemency, 20.32, 98.093
Voter registration system maintenance,
provision of clemency information, 98.093
OUTDOOR ADVERTISING
Exemptions from statutory provisions,
106.1435, 479.16
Local government regulation
Political signs, 106.1435
Political signs, 106.1435, 106.1437, 479.16
Public policy or vote of official, advertisements
intended to influence; sponsorship
designation, 106.1437
Removal
Political signs, 106.1435
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,
16.061, 100.371, 101.161
PLEADINGS
Constitutional amendments or revisions
proposed by joint resolutions, challenges,
101.161
Election contest, 102.168
Voter registration or removal violations,
complaints, 97.023
POLITICAL ADVERTISEMENTS
Affiliated party committees, 106.143
Campaign fund raisers, 106.025
177
INDEX
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,
106.071, 106.113, 106.1439
Endorsements, 106.021, 106.143
In-kind contributions, 106.143
Independent expenditures for, 106.011,
106.071
Independent (no party affiliation) candidates,
106.143
Internet advertisements, 106.143
Language other than English, 106.143
Nonincumbent candidates, 106.143
Nonpartisan offices, 106.143
Party name or symbol, use, 103.081, 106.143
Petty cash funds, purchases from, 106.12
Political committees, 106.143
Political parties, 106.143
Public funds, restrictions on expenditure or
acceptance, 106.113
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, 479.16
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
Write-in candidates, 106.143
POLITICAL COMMITTEES
Accounting records, 106.06
Advisory opinions, Division of Elections,
106.23
Campaign depositories, 106.021, 106.05,
106.07, 106.11
Campaign treasurer, appointment, 106.021
Civil actions involving, 106.27
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
Deposit procedure, 106.05
Legislative intent, 106.31
Limitations, 106.08, 106.19
National depository, deposit in, 106.021,
106.07
Registered agent requirement, 106.022
Reports, 106.07, 106.0705, 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
Registered agent requirement, 106.022
Reports, 106.07
Unauthorized expenditures, 106.19
Financial reports, content and filing, 106.07,
106.08, 106.19
Gifts in memory of deceased persons, 106.08
Injunctions, 106.27
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
178
Registration, 106.03
Statement of organization, content and filing,
106.03
Telephone solicitation, 106.147
Television broadcasts, closed captioning and
descriptive narrative requirements,
106.165
POLITICAL PARTIES
Advisory opinions, Division of Elections,
106.23
Affiliated party committees
Advisory opinions, Division of Elections,
106.23
Campaign financing reporting provisions,
applicability, 103.092
Candidate surplus campaign funds,
distribution, 106.141
Civil actions, 106.27
Contributions, 106.011, 106.08, 106.29
Donations to religious, civic, or charitable
organizations, 106.08
Duties, generally, 103.092
Establishment, 103.092
Expenditures, 106.011, 106.021, 106.29
Gifts in memory of deceased persons,
106.08
Injunctions, 106.27
Leaders, 103.092, 106.0705, 106.088,
106.29
Name, abbreviation, or symbol of political
party; use, 103.081
Party assessments, receipt, 103.121,
106.088
Political advertisements, 106.143
Polls and surveys, 106.17
Reports, 106.0705, 106.08, 106.29
Telephone solicitation, 106.147
Television broadcasts, closed captioning
and descriptive narrative
requirements, 106.165
Treasurers, 103.092, 106.0705, 106.088,
106.29
Unlawful acts; penalties, 106.08, 106.088,
106.165, 106.265, 106.29
Candidate contributions or purchases, 106.08
Candidate qualifying fees, remission, 99.061,
99.103
Candidate surplus campaign funds,
distribution, 106.141
Civil actions, 106.27
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
INDEX
179
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, 106.0702,
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, 106.0702,
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
Poll watchers, designation by chair,
101.131
Polls, conducting, 106.17
Powers and duties, generally, 103.121
Removal of members, 103.141
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
Injunctions, 106.27
Joint endorsements of candidates, advertising
expenditures, 106.021
Judicial candidates, endorsement or support,
105.09
Leadership funds, 106.295
Minor parties, formation, 103.095
Name or abbreviation, use restrictions,
103.081
Names of groups or committees associated
with, filing, 103.081
INDEX
National committees, 103.091, 106.011,
106.08, 106.29
National convention delegates, election,
103.091, 103.101
Political advertisements, 106.143
Poll watchers, designation, 101.131
Polls and surveys, 106.17
Presidential electors, nomination, 103.021,
103.091
Presidential preference primary, 103.101
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, 106.0702,
106.0705, 106.08, 106.29
Chair, 103.081
Elections, 101.252, 103.091
Endorsement or recommendation of
candidates for nomination, 103.121
Expenditures, 106.011, 106.0702,
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
Minor parties, 103.095
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
Polls, conducting, 106.17
Powers and duties, generally, 103.121
Presidential electors, recommendation of
candidates for nomination, 103.021
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, 106.087,
106.088, 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
PRINTING
Voter registration application forms, 97.052
Voting ballots, 101.21
PROPERTY APPRAISERS
Election, A8 S1, 100.041
PROSECUTIONS
Failure to prosecute, 106.25, 843.14, 849.32,
932.63, 932.65
PUBLIC DEFENDERS
Election, A5 S18, 27.50, 100.111
PUBLIC EMPLOYEES
Political activities
Candidacy for office, 99.012, 110.233
Coercion or influence, 104.31, 110.233
Judicial office candidates, 105.071
Participation restrictions, 104.31, 110.233
Services to candidates during working
hours, 106.15
Unlawful acts; penalties, 104.31, 110.233
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, 112.061, 166.021
PUBLIC RECORDS
Campaign finance reports, 106.07, 106.0703
180
INDEX
Campaign finance violation proceedings,
106.25
Election violation proceedings, 106.25
Electioneering communications organization
reports, 106.0703
Exemptions from disclosure
Campaign finance reports, 106.0706,
106.25
Election violation complaints and
investigative reports, 106.25
Vote-by-mail ballots, record of requests
and delivery information, 101.62
Voter or voter registration information,
97.0585, 98.045, 98.075, 106.25,
741.465
Voting systems software, 101.5607
Voter registration, 106.25
Voting systems software, 101.5607
PUBLISHING AND PUBLICATIONS
Uniform polling place procedures manual,
102.014
QUO WARRANTO
Election contest, 102.169
RADIO
Advertisements intended to influence public
policy or vote of official, sponsor
designation statement, 106.1437
Emergencies, public service messages,
101.733, 252.33
Political advertising, 106.1437, 106.16,
106.161
RECALL
Municipal and charter county elections,
100.361
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, 320.833, 321.23,
322.20, 328.40
REFERENDA
Ballot, 101.161
Bond issues
Applicable statutory provisions, 100.221
Approval of issuance, 100.281
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,
166.121
Notice, 100.211
Polling place, 100.221
Recording results, 100.271, 100.291
Refunding bonds, 100.301, 132.02,
132.24
Requirement, generally, A7 S11, A7 S12,
100.201
Resolution ordering, 100.211
Returns, canvassing and recording,
100.271
Validity, contesting, 100.321
Charter county governing board members,
terms of office commencem ent, 100.041
Constitutional amendment or revision, A11 S5,
101.161
Contesting, 102.168, 102.1682, 102.1685
County commissioners, 100.041, 124.011
Freeholders, 100.241
Judicial selection initiatives, 101.161
Legislatively mandated election, certification of
results, 100.351
Mail ballot elections
Applicability of election laws, generally,
101.6106
Canvass of returns, 101.6103, 101.6104
Challenge, defect on voter's certificate,
101.6104
Costs, 101.6102
Limitations, 101.6102
Mail Ballot Election Act, 101.6101
Procedure, generally, 101.6103
Vote-by-mail laws, applicability to,
101.6105
Voter's certificate, 101.6103, 101.6104
Municipal annexation or contraction,
101.6102, 171.0413, 171.046, 171.051,
171.205
Notices, 100.342, 189.074
Special or local laws, A3 S10, 100.351
Telephone solicitation, ballot proposals,
106.147
REFUNDING BONDS
Election for issuance approval, 100.301,
132.02, 132.24
RELATIVES
Vote-by-mail ballots for electors, requests for,
101.62
REPORTS TO GOVERNOR
Voter registration, nongovernmental entity for
sharing information, 98.075
Voting system performance reports, 101.595
181
INDEX
REPORTS TO LEGISLATURE
Voter registration, nongovernmental entity for
sharing information, 98.075
Voting history information, 98.0981
Voting system performance reports, 101.595
RESIDENCY REQUIREMENTS
Electors, A6 S2, 97.041, 98.075, 101.111
Political party county executive committees,
103.091
Voter registration, 97.041, 98.045, 98.075
REW ARDS
Information leading to arrest and conviction
Voter registration or voter fraud, 106.24
ROADS AND HIGHWAYS
Rights-of-way
Political signs, 106.1435
SCHOOL BOARDS
Candidates for election, 105.031, 105.035,
105.041, 105.051, 105.08, 1001.361
Terms of office, A9 S4, 100.041, 1001.35
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,
1001.361
Electors qualified to vote, 105.061
Generally, A9 S4, 100.041, 1001.361
Unopposed candidates, 105.051
Superintendents, A9 S5, 100.041,
1001.46
SCHOOL SUPERINTENDENTS
Election, A9 S5, 100.041, 1001.46
Term of office, 100.041, 1001.46
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, A8 S1, 100.041
Legal notices, publication, 50.011, 50.021,
100.021
Term of office, A8 S1, 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
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 Security Administration, provision of
death information, 98.075, 382.0135,
717.107
SOCIAL SERVICES
Voter registration at offices providing public
assistance, 97.021, 97.023, 97.052,
97.053, 97.058
SOLICITATION
Campaign contributions, 102.031, 106.15,
420.512
Constitutional amendment initiative petition
signatures, paid petition circulators,
106.191
Contributions
Campaign contributions, 102.031, 106.15,
420.512
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,
189.04
Early voting, 101.657
Payment of costs, 100.011, 125.01
Employees and officers
182
INDEX
Candidate for another office, resignation,
99.012
STATE AGENCIES
Voter registration records, duties, 98.093
STATE ATTORNEYS
Campaign finance violations, duties, 106.25
Election, A5 S17, 27.01, 100.111
Election violations, duties, 106.25
Voter registration violations, duties, 106.25
STATE CONTRACTS
Voter registration, 97.058
STATE, DEPARTMENT OF
Constitutional amendments or revisions
proposed by joint resolutions, duties,
101.161
Official records
Electronic voting system vendors,
registered agents, 101.5605
Initiative petition financial impact
statements, 100.371
Minor political parties, 103.095
Political party executive committee rules,
103.101
Rulemaking authority
Elections
Absent uniformed services voters and
vote-by-mail ballot delivery on day
of election, 101.62
Ballots, 101.151, 101.62
Campaign treasurers' reports, 106.07
Candidate qualifications, 99.061
County voting system filings, 102.141
Electronic or electromechanical voting
systems, 101.015, 101.5608,
102.166
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
Recounts, 102.141, 102.166
Uniform polling place procedures
manual, adoption, 102.014
Voter education programs, 98.255
Voting history information, 98.0981
Voting systems, audit procedures,
101.5911
Write-in vote-by-mail ballots,
101.6951, 102.166
Voter registration, 97.012, 97.052, 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
Constitutional amendments or revisions
proposed by joint resolutions, duties,
101.161
Initiative financial information statements,
publication on website, 100.371
Initiatives, duties, 15.21, 100.371, 101.161
Rulemaking authority, 100.371, 105.036,
118.10
Voter registration, duties, 97.012, 97.0575,
98.035
Voter registration, membership on
nongovernmental entity for sharing
information, 98.075
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, A4 S1, A4 S10, A5 S3,
16.061, 100.371
Decisions and opinions
Advisory opinions, A4 S1, A4 S10, A5 S3,
16.061, 100.371
Initiative petitions, review, A4 S10, A5 S3,
16.061, 100.371
Justices
183
INDEX
Campaign financing, limitation on
contributions, 106.08
Retention election, A5 S10, 105.041,
105.051
TAX COLLECTORS
Election, A8 S1, 100.041
Terms of office, A8 S1, 100.041
TAXATION
Taxation and Budget Reform Commission, A2
S5, A11 S6, 101.161, 286.036
TAXATION AND BUDGET REFORM
COMMISSION, A2 S5, A11 S6, 101.161,
286.036
TELEPHONES
Electioneering communications calls,
106.1439
Solicitation
Political campaigns, 106.1439, 106.147,
106.1475
Toll-free numbers and hotlines
Voter fraud hotline, 97.012
Voter registration services, 97.058
TELEVISION
Advertisements intended to influence public
policy or vote of public official,
sponsorship designation statement,
106.1437
Emergencies, public service messages,
101.733, 252.33
Political advertising, 106.16, 106.161, 106.165
THEFT
Election records, ballot boxes, or returns,
104.22
THREATS
Employer's threats to control votes of
employees, 104.081
Voter registration, interference with or
influencing, 104.012
Voters, influencing, 104.061, 104.0615,
104.081, 104.31
Voting rights, interference with, 104.0515,
104.061, 104.0615
TRAVEL EXPENSES
Candidates for statewide office, credit card
use, 106.125
Elected officers, payment from surplus
campaign funds, 106.141
Political committees, credit card use, 106.125
TRUST FUNDS (PUBLIC)
Elections Commission Trust Fund, 99.092,
99.093, 105.031, 106.24
UNITED STATES
Election Assistance Commission voter
registration application form, acceptance,
97.052
Help America Vote Act of 2002, 97.028
U.S. attorneys, 98.093, 119.071, 213.053,
943.0313
VACANCY IN OFFICE
Congress, members of, 100.101, 100.111
County officers, generally, A4 S1, A4 S7,
100.361, 114.04
Legislators, A3 S15, 100.101, 100.111
Municipal officers
Malfeasance or misfeasance, removal for,
100.361, 112.501, 112.51
Recall elections, 100.361
Presidential electors, 100.101, 103.021,
103.061, 103.062
Resignation to qualify for another office,
99.012, 100.111
United States Senators, 100.161
VENUE
Campaign finance violations, 106.26, 106.27
Election contests, 102.1685
Election proceedings, 97.012, 106.27
Voter registration proceedings, 97.012, 106.27
VETERANS
Political candidates, false representation of
veteran status, 104.2715
Voter registration date, recently discharged
service personnel, 97.0555
VISUALLY IMPAIRED PERSONS
Vote-by-mail ballots for blind persons,
assistance in casting, 101.65, 101.661,
101.6923
Voting assistance, 101.051
Voting systems and voter interface devices,
101.56062
VITAL STATISTICS
Voters, notice of death, 98.093
VOTER REGISTRATION
Absentee registration, 101.665
Address confirmation requests, 98.065,
98.0655
Administration of statutory provisions, 97.012,
98.045
Age requirement, 97.041, 98.045, 98.075
Applications
Acceptance, 97.052, 97.053, 97.055
Altering another person's application
without consent, 104.012
Approval, 97.073
Change of name or legal residence,
97.1031, 101.045
Denial, 97.073, 98.045
Disposition, 97.073
Electors removed from registration
system, retention, 98.081
Federal law, compliance with, 97.012
Federal postcard application, 97.052,
101.694
184
Fish and W ildlife Conservation
Commission and subagents, duties,
97.05831, 379.352
Highway Safety and Motor Vehicles,
Department of; duties, 97.057
Identification information on applicants,
confidentiality, 97.0585
Incomplete applications, 97.052, 97.058,
97.073, 98.045
Microfilming, 98.081, 98.461
Oath as part of, 97.052, 97.053
Online applications, 97.0525
Processing, 98.045
Signature matching training, requirements
for, 97.012
Signature updates, 98.077
Uniform statewide application, 97.052,
97.057, 97.058
Verification of applicant information,
97.0525, 97.053
Voter registration agencies, powers and
duties, 97.058
Automated processing, 92.295, 98.081,
98.461
Change of name or legal residence
Address change and confirmation notices,
98.065, 98.0655
Application for, acceptance, 97.053,
97.055
County of residence, change, 101.045
Forms, 101.045
Highway Safety and Motor Vehicles,
Department of; authority, 97.057
Notices, 97.1031, 98.065, 98.0655
Registration list maintenance, 98.065,
98.0655, 98.075
Statewide registration application, use for,
97.052
Temporary residence outside of county,
101.045
Voter information cards, 97.071, 97.1031
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
Felony conviction information, 97.0585
Nongovernmental entity, sharing
information with, 98.075
INDEX
185
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, 16.56,
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 licenses, 97.0525, 97.053, 97.057,
97.0585, 98.045, 322.135, 322.142
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,
98.0751, 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
Third-party voter registration
organizations, 97.0575
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, 97.0525, 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, 98.0751
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, 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
Nongovernmental entity for sharing
information, 98.075
Notices, 97.073, 97.1031, 98.065, 98.0655,
98.075, 98.077
Oath, A6 S3, 97.051, 97.052, 97.053, 101.665
Online registration, 97.0525
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, 97.0585
Prior registration, cancellation, 97.073, 98.045
Qualifications, A6 S2, 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 vote-by-mail
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
INDEX
186
Deceased persons, 98.045, 98.065,
98.075, 98.093
Felons, 98.045, 98.075, 98.0751,
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
Applications, 97.052, 101.694
Confidentiality, 97.0585
Declinations, 97.057, 97.058
Duplicate registrations, 98.075
Highway Safety and Motor Vehicles,
Department of; duties, 97.057
Inactive voters, restoration, 98.065
Signature of voter, 97.052, 98.077
Statewide voter registration system,
98.035
Supervisors of elections, duties,
98.015, 98.065
Vote-by-mail ballot applicants,
101.694
Voter registration agencies, duties,
97.058
Registration agents, 97.0575
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
Online applications, transmittal, 97.0525
INDEX
Removal or restoration of voters' names,
98.045, 98.065, 98.075, 98.081,
98.093
Signature matching training, requirements,
97.012
Updating voter information, 98.065
Updating voter signature, 98.077
Temporary residence outside of county,
101.045
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 inform ation,
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, 98.0751
Solicitation of registration for
compensation, 104.012
Third-party voter registration organization
violations, 97.0575
Voter information card, use or possession,
104.013
Verification, 98.075, 98.0751, 101.045
Voter information cards
Change of name, legal residence, polling
place address, 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
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
187
Division of Elections
Room 316, R. A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
850.245.6200
dos.myflorida.com/elections
This publication is prepared pursuant to section 97.025, Fla. Stat., with
the assistance of the Florida Legislature’s Office of Legislative Services’
Division of Law Revision and Information.
Candidate & Campaign Treasurer Handbook
287
Candidate
& Campaign
Treasurer
Handbook
Florida Department of State
Division of Elections
R. A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, FL 32399-0250
850.245.6280
(Rev. 10/03/2019)
Candidate & Campaign Treasurer Handbook
i
Table of Contents
Chapter 1: Background .......................................................................................................... 1
Other Resources and Websites ................................................................................................... 1
Chapter 2: Campaign Financing .............................................................................................. 3
Chapter 3: Glossary of Terms ................................................................................................. 4
Chapter 4: Becoming a Candidate .......................................................................................... 7
When and What to File ............................................................................................................... 7
Filing Officer ................................................................................................................................ 8
Resign-to-Run .............................................................................................................................. 8
Federal Hatch Act for Federal, State and Local Employees ........................................................ 9
Changing Parties for Partisan Offices ....................................................................................... 10
Changing the Designation of Office .......................................................................................... 10
Pro Rata Refund ........................................................................................................................ 11
Pro Rata Refund Example ......................................................................................................... 11
Chapter 5: Statement of Solicitation .................................................................................... 12
Who Must File a Statement of Solicitation ............................................................................... 12
When to File .............................................................................................................................. 12
Penalty for Late Filing ............................................................................................................... 12
Public Website and Mission Statement .................................................................................... 12
Additional Reporting ................................................................................................................. 13
Chapter 6: Prohibited Acts ................................................................................................... 14
Speaking at Political Meetings .................................................................................................. 14
Using State-Owned Aircraft or Motor Vehicle .......................................................................... 14
Using Services of State, County, Municipal, or District Officers or Employees ........................ 14
Making Contributions in the Name of Another ........................................................................ 14
Solicitation from Religious, Charitable and Civic Organizations ............................................... 15
Accepting Contributions in a Government-Owned Building .................................................... 15
Making Malicious Statements .................................................................................................. 15
Making False Representation of Military Service ..................................................................... 15
Certifying a False Report ........................................................................................................... 16
Limitations on Political Activity for Judicial Candidates ........................................................... 16
Judicial Candidates and the Judicial Ethics Advisory Committee (JEAC) .................................. 17
Candidate & Campaign Treasurer Handbook
ii
Chapter 7: Campaign Treasurers .......................................................................................... 18
Appointing Campaign Treasurers and Deputy Treasurers........................................................ 18
Duties and Responsibilities ....................................................................................................... 19
Resignation or Removal ............................................................................................................ 20
Chapter 8: Campaign Depositories ....................................................................................... 21
Primary Campaign Depository .................................................................................................. 21
Secondary Campaign Depository .............................................................................................. 22
Separate Interest-Bearing Accounts and Certificates of Deposit ............................................. 22
Changing Depository ................................................................................................................. 22
Campaign Checks ...................................................................................................................... 23
Credit Cards ............................................................................................................................... 23
Debit Cards ................................................................................................................................ 24
Chapter 9: Contributions ..................................................................................................... 25
Unauthorized Contributions ..................................................................................................... 25
Anonymous Contributions ........................................................................................................ 26
In-Kind Contributions ................................................................................................................ 26
Loans ......................................................................................................................................... 27
Cash Contributions .................................................................................................................... 27
Money Order, Debit and Credit Card Contributions................................................................. 27
Contribution Limits for Candidates ........................................................................................... 28
Foreign Contributions ............................................................................................................... 29
Deadlines for Accepting Contributions ..................................................................................... 29
Violations .................................................................................................................................. 29
Chapter 10: Expenditures .................................................................................................... 30
Definition .................................................................................................................................. 30
General Requirements .............................................................................................................. 30
Checks ....................................................................................................................................... 31
Living Expenses ......................................................................................................................... 31
Petty Cash Funds ....................................................................................................................... 31
Limits on Petty Cash Fund Amounts ......................................................................................... 32
Independent Expenditures ....................................................................................................... 32
Credit Cards ............................................................................................................................... 34
Debit Cards ................................................................................................................................ 34
Candidate & Campaign Treasurer Handbook
iii
Expenditures for Electioneering Communications ................................................................... 35
Chapter 11: Electioneering Communications ........................................................................ 36
Definition .................................................................................................................................. 36
Electioneering Communication Disclaimers ............................................................................. 37
Electioneering Communication Telephone Call Disclaimer ...................................................... 37
Penalty for Electioneering Communication Disclaimer Violation ............................................ 37
Chapter 12: Political Advertising .......................................................................................... 38
Candidate Disclaimers ............................................................................................................... 38
Exceptions to Disclaimer Requirements ................................................................................... 39
Examples of Advertisements with Disclaimers ......................................................................... 40
Disclaimer for Write-in Candidates ........................................................................................... 41
Non-incumbent Advertisements .............................................................................................. 42
Advertisement Provided In-kind ............................................................................................... 42
Chapter 13: Other Disclaimers ............................................................................................. 43
Endorsements in Political Advertisements ............................................................................... 43
Independent Expenditure Disclaimers...................................................................................... 44
Disclaimers for Other than Independent Expenditures ............................................................ 45
Disclaimers on Novelty Items ................................................................................................... 45
Other Political Disclaimer Examples ......................................................................................... 46
Miscellaneous Advertisements ................................................................................................. 47
Electioneering Communications Disclaimers ........................................................................... 47
Language Other Than English ................................................................................................... 47
Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts ................... 48
Chapter 14: Fund Raisers ..................................................................................................... 49
Contributions from Fund Raisers .............................................................................................. 49
Expenditures for Fund Raisers .................................................................................................. 49
Tickets ....................................................................................................................................... 49
Chapter 15: Telephone Solicitation ...................................................................................... 50
Disclosure Requirements .......................................................................................................... 50
Prohibitions ............................................................................................................................... 50
Written Authorization Requirements ....................................................................................... 50
Penalties .................................................................................................................................... 51
Registered Agent ....................................................................................................................... 51
Candidate & Campaign Treasurer Handbook
iv
Chapter 16: Filing Campaign Reports ................................................................................... 52
Where to File ............................................................................................................................. 52
When to File .............................................................................................................................. 52
Penalty for Late Filing ............................................................................................................... 53
Notice of No Activity ................................................................................................................. 54
Special Election Reports ............................................................................................................ 54
Incomplete Reports .................................................................................................................. 54
Reporting Total Sums ................................................................................................................ 54
Reporting Contributions ........................................................................................................... 55
Returning Contributions ........................................................................................................... 55
Reporting Expenditures ............................................................................................................ 56
Reporting Other Distributions .................................................................................................. 57
Special Requirements for Judicial Retention Candidates ......................................................... 57
Chapter 17: Termination Reports ......................................................................................... 58
Prior to Disposing of Surplus Funds .......................................................................................... 58
Disposing of Surplus Funds ....................................................................................................... 59
Content of Report ..................................................................................................................... 59
Money from Separate Interest-Bearing Account or Certificate of Deposit .............................. 60
Campaign Loans Report ............................................................................................................ 60
Chapter 18: Reporting for Individuals Seeking a Publicly Elected Posit ion on a Party Executive
Committee ...................................................................................................................... 61
Where to File ............................................................................................................................. 61
When to File .............................................................................................................................. 61
Termination Reports Not Required .......................................................................................... 62
Penalty for Late Filing ............................................................................................................... 62
Incomplete Reports .................................................................................................................. 62
Reporting Requirements ........................................................................................................... 62
Chapter 19: Electronic Filing of Campaign Reports ............................................................... 64
Accessing the EFS ...................................................................................................................... 64
Creating Reports ....................................................................................................................... 64
Submitting Reports ................................................................................................................... 65
Electronic Receipts .................................................................................................................... 65
Help Line and User Guide ......................................................................................................... 65
Candidate & Campaign Treasurer Handbook
v
Chapter 20: Office Accounts................................................................................................. 66
Transfer Limits .......................................................................................................................... 66
Using the Office Account .......................................................................................................... 66
Reporting Office Account Funds ............................................................................................... 67
Chapter 21: Carryover Campaign Funds ............................................................................... 69
Chapter 22: Recordkeeping .................................................................................................. 70
Contributions ............................................................................................................................ 70
Expenditures ............................................................................................................................. 70
Preservation of Accounts .......................................................................................................... 71
Inspections ................................................................................................................................ 72
Chapter 23: Recordkeeping Tips ........................................................................................... 73
Chapter 24: Florida Elections Commission ............................................................................ 74
Automatic Fine Appeal Process ................................................................................................ 74
Complaint Process..................................................................................................................... 74
Appendix A: Legal References and Rules Cited ..................................................................... 76
Constitution .............................................................................................................................. 76
Florida Election Code ................................................................................................................ 76
Florida Statutes ......................................................................................................................... 76
Florida Administrative Code ..................................................................................................... 77
Forms ........................................................................................................................................ 77
Division of Elections Advisory Opinions .................................................................................... 78
Campaign Finance Reporting Guides and System .................................................................... 78
Code of Judicial Conduct ........................................................................................................... 78
Appendix B: Frequently Asked Questions ............................................................................. 79
Candidates ................................................................................................................................ 79
Campaign Finance .................................................................................................................... 80
Appendix C: Deadlines for Accepting Contributions .............................................................. 85
Candidate & Campaign Treasurer Handbook
1
Chapter 1: Background
This handbook serves only as a quick reference guide for candidates and campaign
treasurers.
This handbook is not a substitute for the Florida Election Code or applicable constitutional
and rule provisions, the text of which controls. 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 online publications produced by the Division of Elections (Division)
should be reviewed for further information:
State Qualifying Handbook
Candidate Petition Handbook
Candidate Electronic Filing System User’s Guide
Calendar of Reporting Dates
All applicable forms and publications are pub licly available on the Division’s website at
dos.myflorida.com/elections/forms-publications.
Please direct any questions to either your county supervisor of elections or the Division at
850.245.6280. (See also Appendix B: Frequently Asked Questions.)
Other Resources and Websites
Florida Supervisors of Elections:
dos.myflorida.com/elections/contacts/supervisor-of-elections
Florida Association of City Clerks:
www.floridaclerks.org
Florida Elections Commission:
www.fec.state.fl.us
Federal Election Commission:
www.fec.gov
Candidate & Campaign Treasurer Handbook
2
Florida Elected Officials:
dos.myflorida.com/elections/contacts/elected-officials
Florida Attorney General:
myfloridalegal.com
Florida State Courts:
www.flcourts.org
Judicial Candidates and the Judicial Ethics Advisory Committee (JEAC):
www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/subjectopinions/Elec
tions/elections.html
Judicial Ethics Advisory Committee:
www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/jeac.html
Candidate & Campaign Treasurer Handbook
3
Chapter 2: Campaign Financing
Chapter 106, Florida Statutes, regulates campaign financing for all candidates, including
judicial candidates, political committees, electioneering communications organizations,
affiliated party committees, and political parties. It does not regulate campaign financing
for candidates for federal office.
Note: Individuals seeking a publicly elected position on a political party executive committee
who receive contributions or make expenditures must comply with Section 106.0702, Florida
Statutes, regarding reporting requirements. (See Chapter 18: Reporting for Individuals
Seeking a Publically Elected Position on a Party Executive Committee.)
The Division:
Oversees the interpretation of and provides guidance on the election laws.
(Section 97.012(1), Fla. Stat.)
Provides advisory opinions to supervisors of elections, candidates, local officers
having election-related duties, political parties, political committees, 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), Fla. Stat.)
Conducts audits with respect to reports and statements filed under Chapter 106,
Florida Statutes.
(Section 106.22(6), Fla. Stat.)
Reports to the Florida Elections Commission any apparent violations of Chapter 106,
Florida Statutes.
(Section 106.22(7), Fla. Stat.)
Prescribes rules and regulations to carry out the provisions of Chapter 106, Florida
Statutes.
(Sections 106.22 and 106.23, Fla. Stat.)
Candidate & Campaign Treasurer Handbook
4
Chapter 3: Glossary of Terms
Campaign Fund Raiser: Any affair held to raise funds to be used in a campaign for public
office.
(Section 106.011(1), Fla. Stat.)
Campaign Treasurer: An individual appointed by a candidate or political committee as
provided in Chapter 106, Florida Statutes.
(Section 106.011(2), Fla. Stat.)
Candidate: (See Chapter 4: Becoming a Candidate; Sections 97.021(6) and 106.011(3),
Florida Statutes.)
Contribution: (See Section 106.011(5), Florida Statutes; and Chapter 9: Contributions.)
Election: 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,
selecting a member of a political party executive committee, or submitting an issue to the
electors for their approval or rejection.
(Section 106.011(7), Fla. Stat.)
Electioneering Communication: (See Sections 106.011(8)(a) and 106.011(8)(b), Florida
Statutes, for what term does not include; and Chapter 11: Electioneering Communications.)
Expenditure: (See Section 106.011(10), Florida Statutes; and Chapter 10: Expenditures.)
Filing Officer: The person before whom a candidate qualifies or the agency or officer with
whom a political committee or an electioneering communications organization registers.
(Section 106.011(11), Fla. Stat.)
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(16), Fla. Stat.)
Independent Expenditure: (See Section 106.011(12), Florida Statutes; and Chapter 10:
Expenditures.)
In-Kind Contribution: (See In-Kind Contributions under Chapter 9: Contributions; and
Division of Elections Advisory Opinion 04-06.)
Candidate & Campaign Treasurer Handbook
5
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, Fla. Stat.)
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.
(Sections 97.021(19) and 103.095, Fla. Stat.)
Nominal Value: Having a retail value of $10 or less.
(Section 97.021(21), Fla. Stat.)
Nonpartisan 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(22), Fla. Stat.)
Office Account: A candidate elected to office or a candidate who will be elected to office by
virtue of their being unopposed may transfer funds from the campaign account to an office
account up to limits listed under Section 106.141(5), Florida Statutes. This fund must be
used only for legitimate expenses in connection with the candidate’s public office.
(Section 106.141, Fla. Stat.)
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,
affiliated party committee, or political committee.
(Section 106.011(14), Fla. Stat.)
Petty Cash: Cash accumulated pursuant to statutory limits and 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, Fla. Stat.)
Political Advertisement: (See Section 106.011(15), Florida Statutes; and Chapter 12: Political
Advertising.)
Primary 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(29), Fla. Stat.)
Candidate & Campaign Treasurer Handbook
6
Public Office: A state, county, municipal, or school or other district office or position that is
filled by vote of the electors.
(Section 106.011(17), Fla. Stat.)
Special Election: Called for the purpose of voting on a party nominee to fill a vacancy in the
national, state, county, or district office.
(Section 97.021(34), Fla. Stat.)
Special 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(35), Fla. Stat.)
Statewide Office: Governor, Cabinet, and Supreme Court Justice.
Unopposed Candidate: A candidate for nomination or election to an office who, after the
last day on which a person, including a write -in candidate, may qualify, is without
opposition in the election at which the office is to be filled or who i s without such
opposition after such date as a result of a 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 Section 100.111(3), Florida Statutes, 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(18), Fla. Stat.)
Candidate & Campaign Treasurer Handbook
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Chapter 4: Becoming a Candidate
A candidate is a person who:
Seeks to qualify for nomination or election by means of the petition process;
Seeks to qualify for election as a write-in candidate;
Receives contributions or makes expenditures, or consents for any other person to
receive contributions or make expenditures, with a view to bring about their
nomination or election to, or retention in, public office;
Appoints a treasurer and designates a primary depository; or
Files qualification papers and subscribes to a candidate’s oath as required by law.
This definition does not include an individual seeking a publically elected position for a
political party executive committee.
(Sections 97.021(6) and 106.011(3), Fla. Stat.)
When and 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
they are 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, and
before any contributions are received, any expenditures are made, and any signatures are
obtained on a candidate petition. 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. (See Chapter 7: Campaign Treasurers.)
Form DS-DE 9 must be filed with the filing officer:
Prior to opening the campaign account.
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.
Prior to obtaining signatures on a DS-DE 104, Candidate Petition.
Note: The form is considered “filed” only when the filing officer receives the form (not upon
mailing) and determines that the form is complete with original signatures.
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Form DS-DE 84, Statement of Candidate, must be filed with the filing officer within ten days
after filing Form DS-DE 9. This form states that the candidate has been provided access to
read and understand the requirements of Chapter 106, Florida Statutes. The execution and
filing of the statement of candidate does not in and of itself create a presumption that
any violation of Chapter 106, Florida Statutes, or Chapter 104, Florida Statutes, is a willful
violation. An individual seeking election to a political party executive committee is not
required to file Form DS-DE 84.
Form DS-DE 83, Statement of Candidate for Judicial Office, must be filed by each candidate
for judicial office, including an incumbent judge, within ten 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, Fla. Stat.)
Filing Officer
The filing officer is the person before whom a candidate qualifies:
Division: State, multi-county district, and judicial offices (except county court judge)
Supervisor of Elections: County court judge, countywide, and district offices (except
multi-county offices)
Municipal Clerk: Municipal offices
(Section 106.011(11), Fla. Stat.)
Resign-to-Run
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 they presently hold. 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:
The date the officer would take office, if elected; or
The date the officer’s successor is required to take office.
(Section 99.012(3), Fla. Stat.)
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A person who is a subordinate officer, deputy sheriff, or police officer must resign effective
upon qualifying pursuant to Chapter 99, Florida Statutes, 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
re-election to that office.
(Section 99.012(5), Fla. Stat.)
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.
(Sections 99.012(6) and (7), Fla. Stat.)
Federal Hatch Act for Federal, State and Local Employees
Although a person may not have to resign, under Florida’s Resign-to-Run Law, the person
may be precluded by the federal Hatch Act (5 U.S.C. §§ 1501 – 1508) from holding their
current job and becoming a candidate in a partisan election.
The Hatch Act restricts the political activity of individuals employed by the state, county, or
municipality if the employee’s salary is paid for completely by federal funds. Please note,
however, that pursuant to 5 U.S.C. § 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. 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 Hatch Act also limits certain political activities of federal employees under certain
circumstances.
The Division has no authority to advise individuals on the applicability of the Hatch Act. For
information and questions about the Hatch Act, contact:
Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
Tel: (800) 85-HATCH or (800) 854-2824 or (202) 804-7002
Website: osc.gov/Pages/HatchAct.aspx
Email requests for advisory opinions about the Hatch Act to: hatchact@osc.gov.
For information about the how the Hatch Act may apply to a person as a candidate, please
refer to osc.gov/Pages/HatchAct-affectsme.aspx.
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Changing Parties for Partisan Offices
A candidate seeking to qualify as a political party candidate may not have been a registered
member of any other political party for 365 days before the beginning of qualifying
preceding the general election for which the person seeks to qualify. This provision also
applies to individuals seeking election to a political party executive committee office.
(Section 99.021, Fla. Stat.)
Changing the Designation of Office
A candidate may change the designation of office by filing a new Form DS-DE 9 and a
signed, 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:
Within 15 days after filing the change with the filing officer the candidate, must send
a written notice to all contributors.
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.
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.
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 up to
the maximum of the contribution limits allowed by law. The full amount of the
contribution for the original office shall count toward the contribution limits for the
new office. Any amount that exceeds the contribution limits for the new office must
be properly disposed of pursuant to law.
(Section 106.021(1)(a), Fla. Stat.)
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Pro Rata Refund
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 pro rata refund to the contributor
(Section 106.021(1), Fla. Stat.)
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Chapter 5: Statement of Solicitation
Who Must File a 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 t hat 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, Statement of Solicitation .
(Section 106.0701, Fla. Stat.)
When to File
Each office holder or candidate must file Form DS-DE 102 within five days after they directly
or indirectly solicit, cause to be solicited, or accept 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.
The form must be filed with the Division and, at a minimum, must contain the following
information:
The name of the person acting on behalf of the organization.
The name and type of the organization.
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, the officeholder or candidate must create a
public website 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
five business days after the website is created.
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Additional Reporting
All contributions received shall be disclosed on the website within five 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 five business days
after being made.
Note: An individual acting on behalf of their own campaign, a political party, or an affiliated
party committee of which the individual is a member is not required to file Form DS-DE 102.
(Section 106.0701, Fla. Stat.)
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Chapter 6: Prohibited Acts
Speaking 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 their candidacy, nor shall anyone speaking for such a person
pay money or give anything of value for such privilege.
(Section 106.15(1), Fla. Stat.)
Using State-Owned Aircraft or Motor Vehicle
No candidate, in the furtherance of their 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, Florida Statutes, solely for the purpose of furthering their 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 their
candidacy for nomination or election to public office in any electi on, 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), Fla. Stat.)
Using Services of State, County, Municipal, or District Officers or Employees
A candidate may not, in the furtherance of their 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), Fla. Stat.)
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), Fla. Stat.)
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Solicitation from Religious, Charitable and Civic Organizations
Candidates may not:
Solicit contributions from any religious, charitable, civic, or other causes or
organizations established primarily for the public good.
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:
To make gifts of money in lieu of flowers in memory of a deceased person.
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.
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), Fla. Stat., and Division of Elections Advisory 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), Fla. Stat.)
Making Malicious Statements
A candidate may not, with actual malice, make any false statement about an opposing candidate.
(Section 104.271, Fla. Stat.)
Making False Representation of Military Service
A candidate may not falsely represent that they served or is currently serving in the military,
whether active duty, Reserve or National Guard.
(Section 104.2715, Fla. Stat.)
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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, Fla. Stat.)
Limitations on Political Activity for Judicial Candidates
A candidate for judicial office shall not:
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 they are registered to vote.
Campaign as a member of any political party.
Publicly represent or advertise themselves as a member of any political party.
Endorse any candidate.
Make political speeches other than in the candidate’s own behalf.
Make contributions to political party funds.
Solicit contributions for any political party.
Accept contributions from any political party.
Accept or retain a place on any political party committee.
Make any contribution to any person, group, or organization for its endorsement to
judicial office.
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.
(Section 105.071, Fla. Stat.)
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Judicial Candidates and the Judicial Ethics Advisory Committee (JEAC)
The Florida Supreme Court recognizes the JEAC as the body that may render written advisory
opinions concerning the conduct of judges and judicial candidates for opinions relating to
elections and campaign–related topics, see:
www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/subjectopinions/Elec
tions/elections.html.
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Chapter 7: 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, and before any contributions are received, any expenditures are made,
and any signatures are obtained on a candidate petition. 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.
A candidate must appoint a campaign treasurer.
A candidate may appoint themselves as campaign treasurer or deputy campaign
treasurer.
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 3 deputy campaign treasurers.
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 shall be filed with the filing officer:
Prior to opening the campaign account.
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.
Prior to obtaining signatures on a DS-DE 104, Candidate Petition.
Note: The form is considered “filed” only when the filing officer receives the form (not upon
mailing) and determines that the form is complete with original signatures.
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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:
Independent expenditures;
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), Florida Statutes. 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), Florida Statutes, together with the purpose
of such payment;
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., Florida Statutes;
or
Expenditures made directly by affiliated party committee or political party regulated
by Chapter 103, Florida Statutes, 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 pu rposes of this chapter
[103].
The campaign treasurer must:
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.
Deposit all funds received by the end of the fifth 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.
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.
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Preserve all accounts for a number of years equal to the term of office to which the
candidate seeks election.
File regular reports of all contributions received and expenditures made by or on
behalf of such candidate.
The campaign treasurer 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, Fla. Stat.)
Resignation or Removal
When a campaign treasurer resigns or is removed by the candidate, a copy of the signed
letter of resignation or removal must be filed with the filing officer.
A campaign or deputy campaign treasurer may resign or be removed by the candidate,
respectively as follows:
• Written notice of resignation to the candidate by the campaign treasurer.
• Written notice of removal to the campaign treasurer by the candidate.
Note: The written notice is not effective until a signed copy 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 addres s to the filing
officer on a new Form DS-DE 9, Appointment of Campaign Treasurer and Designation of
Campaign Depository for Candidates, completed in its entirety with original signatures.
(Section 106.021(2), Fla. Stat.)
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Chapter 8: Campaign Depositories
Primary Campaign Depository
A candidate and each individual seeking election to a political party executive committee
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 on Form DS-DE 9 (Appointment of
Campaign Treasurer and Designation of Campaign Depository for Candidates). A candidate
who seeks to qualify by the petition process shall designate a campaign depository prior to
obtaining signatures on petitions.
Note: 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 10:
Expenditures.)
A candidate and each individual seeking election to a political party executive committee
must file the name and address of the primary campaign depository with the same officer
with whom the candidate files the name of their campaign treasurer on Form DS-DE 9.
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 an account. It is
merely naming the financial institution where the 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 a complete Form DS-DE 9.
All funds received by the campaign treasurer shall, prior to the end of the fifth business day
following the receipt thereof, Saturdays, Sundays, and legal holidays excluded, be deposited
in a campaign depository designated pursuant to Section 106.021, Florida Statutes, in an
account that contains the name of the candidate.
Note: 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, Fla. Stat.;
Division of Elections Advisory Opinion 09-03)
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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 their 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, Fla. Stat.)
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), Fla. Stat.)
Changing Depository
If changing the primary depository, a candidate must submit a new , original Form DS-DE 9
to the filing officer.
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Campaign Checks
Note: 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 ensuring that such expenditure is an authorized expenditure.
Campaign checks must contain the following information:
The name of the campaign account of the candidate.
Account number and name of bank.
The exact amount of the expenditure.
The signature of the campaign treasurer or deputy treasurer .
The exact purpose of the expenditure.
The name of the payee.
This information may be typed or handwritten on starter checks provided by the bank until
printed checks arrive.
(Section 106.11(1), Fla. Stat.)
Example of Campaign Check:
Credit Cards
Candidates for statewide office (Governor, Cabinet, and Supreme Court Justice) may
obtain and use credit cards for travel-related campaign expenditures. (See Chapter 10:
Expenditures for how credit cards may be used.) The credit card must:
Be obtained from the bank which has been designated as the primary campaign
depository.
Be in the name of the candidate and reflect that the account is a campaign account.
Expire no later than midnight of the last day of the month of the general election.
(Section 106.125, Fla. Stat.)
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Debit Cards
A candidate may use a debit card to make campaign expenditures and is considered a bank
check if:
Obtained from the same bank that has been designated as the primary campaign
depository.
Issued in the name of the treasurer, deputy treasurer, or authorized user.
Contains the name of the campaign account of the candidate.
No more than three debit cards shall be issued. (See Chapter 10: Expenditures for how debit
cards may be used.)
(Section 106.11(2), Fla. Stat.;
Division of Elections Advisory Opinion 00-03)
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Chapter 9: Contributions
A contribution is:
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.
A transfer of funds between political committees, between electioneering
communications organizations, or between any combination of these groups.
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.
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:
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.
Editorial endorsements.
Note: 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(5), Fla. Stat.)
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), Fla. Stat.)
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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 acce ptance of
the anonymous contribution.
The candidate cannot spend the anonymous contribution, but at the end of the campaign,
the candidate must donate the amount to an appropriate entity under Section 106.141,
Florida Statutes.
(Division of Elections Advisory 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:
Money;
Personal services provided without compensation by individual volunteers;
Independent expenditures, as defined in Section 106.011(12), Florida Statutes; or
Endorsements of three or more candidates by affiliated party committees or political
parties.
(Section 106.011, Fla. Stat.;
Division of Elections Advisory Opinion 04-06)
Note: 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.
(Sections 106.011 and 106.055, Fla. Stat.;
Division of Elections Advisory Opinion 09-08 (Aircraft Travel))
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Loans
Loans are considered contributions and are 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.
Loans made by a candidate to their own campaign are not subject to contribution limitations.
A candidate who makes a loan to their campaign and reports the loan as required by Section
106.07, Florida Statutes, may be reimbursed for the loan at any time the campaign account
has sufficient funds to repay the loan and satisfy its other obligations.
All personal loans exceeding $500 in value, made to a candidate and used for campaign
purposes, and made in the twelve months preceding their election to office, must be
reported on Forms DS-DE 73 and DS-DE 73A, Campaign Loans Report, and filed with the
filing officer within ten days after being elected to office.
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), Florida Statutes.
(Sections 106.011, 106.07, 106.075, and 106.08 Fla. Stat.)
Cash Contributions
A candidate may not accept an aggregate cash contribution or contribution by means of a
cashier’s check from the same contributor in excess of $50 per election. A money order or
traveler’s check is not considered cash.
Note: Cash contributions must 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, Fla. Stat.;
Division of Elections Advisory Opinion 90-15)
Money Order, 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 Advisory Opinions 94-02 and 00-03)
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Contribution Limits for Candidates
Except for political parties or affiliated party committees, no person or political committee
may, in any election, make contributions in excess of the following amounts:
1. $3,000 to a candidate for statewide office or for retention as a justice of the Supreme
Court. Candidates for the offices of Governor and Lieutenant Governor on the same
ticket are considered a single candidate for the purpose of this section.
2. $1,000 to a candidate for retention as a judge of a district court of appeal; a candidate
for legislative office; a candidate for multi-county office; a candidate for countywide
office or in any election conducted on less than a countywide basis; or a candidate for
county court judge or circuit judge.
The primary and general elections are separate elections. (See Glossary of Terms for the
definition of “person.”)
(Section 106.08(1)(a), Fla. Stat.)
Note: These limits do not apply to contributions made by a state or county executive
committee of a political party or affiliated party committee regulated by Chapter 103,
Florida Statutes, or to amounts contributed by a candidate to their own campaign. The
contribution limits do not apply to individuals seeking election to a political party executive
committee because they are not “candidates.”
A candidate may not:
Accept contributions until Form DS-DE 9, Appointment of Campaign Treasurer and
Designation of Campaign Depository for Candidates, is filed with the filing officer;
Accept a contribution in excess of the above limits from any one person per election,
provided the candidate is an opposed candidate and the contrib ution is received
within the timeframe applicable to each election;
Accept contributions from family members in excess of the above limits per election;
Accept contributions from a county executive committee of a political party whose
contributions in the aggregate exceed $50,000, or from the national or state executive
committees of a political party, including any subordinate committee of such political
party or affiliated party committees, whose contributions in the aggregate exceed
$50,000. 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;
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
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political party, including any subordinate committee of a national, state, or county
committee of a political party, or affiliated party committee, which contributions in
the aggregate exceed $250,000; or
Accept contributions after the date they withdraw their candidacy, is defeated,
becomes unopposed, or is elected.
(Sections 106.08 and 106.19, Fla. Stat.)
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.gov.
Deadlines for Accepting Contributions
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 five days before the day of that election must be returned by them to the person
or committee contributing it and may not be used or expended by or on behalf of the
candidate. (See Appendix C.)
(Section 106.08(3)(a), Fla. Stat.)
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 participates in any of the following, is guilty of a misdemeanor of the first
degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
Accepts a contribution in excess of the limits prescribed by Section 106.08, Florida
Statutes;
Fails to report any contribution required to be reported by Chapter 106, Florida
Statutes;
Falsely reports or deliberately fails to include any information required by Chapter
106, Florida Statutes; or
Makes or authorizes any expenditure in violation of Section 106.11(4), Florida
Statutes, or any other expenditure prohibited by Chapter 106, Florida Statutes.
(Section 106.19, Fla. Stat.)
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Chapter 10: 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.
(Section 106.011(10), Fla. Stat.)
General Requirements
A candidate shall:
Pay all campaign expenditures by a check drawn on the campaign account (except
petty cash);
Pay the qualifying fee by a check drawn on the campaign account;
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
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.
Note: 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 the candidate 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.
(Section 106.11(4), Fla. Stat.)
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Checks
Note: 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 have appointed themselves campaign treasurer or
deputy treasurer.
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), Florida Statutes. 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), Florida
Statutes, 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(10), 106.021(3), 106.14, and 106.1405, Fla. Stat.)
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:
Spend petty cash in amounts of less than $100;
Report the total amount withdrawn and the total amount spent for petty cash in each
reporting period;
Keep complete records of petty cash although each expenditure d oes not have to be
reported individually;
Not mix cash contributions with petty cash; and
Not use petty cash for the purchase of time, space, or services from any
communications media.
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Limits on Petty Cash Fund Amounts
From the day a candidate appoints their 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, Fla. Stat.;
Division of Elections Advisory Opinion 06-10)
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 is not 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.”
(See Division of Elections Advisory Opinion 16-12)
If the independent expenditure is, in the aggregate, in the amount of $5000 or more, the
person must file reports with the candidate’s filing officer in the same manner and time as a
political committee.
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 or committee).”
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, an affiliated party committee, or by any political committee, or any other
person, is not 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 a pollster, media consultant,
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advertising agency, vendor, advisor, or staff member concerning the preparation of,
use of, or payment for, the specific expenditure or advertising campaign at issue;
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;
3. Makes a payment for the dissemination, distribution, or republication, in whole or in
part, of a broadcast or a written, graphic, or other form of campaign material prepared
by the candidate, the candidate's campaign, or an agent of the candidate, including a
pollster, media consultant, advertising agency, vendor, advisor, or staff member;
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;
5. After the last day of the qualifying period prescribed for the candidate, 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:
o An officer, director, employee, or agent of a national, state, or county
executive committee of a political party or an affiliated party committee that
has made or intends to make expenditures in connection with or contributions
to the candidate; or
o A 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;
6. After the last day of the qualifying period prescribed for the candidate, 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(12) and 106.071, Fla. Stat.)
(See Chapter 12: Political Advertising for information about applicable political disclaimers
and exceptions.)
(Section 106.071(3), Fla. Stat.)
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Credit Cards
Candidates for statewide office (Governor, Cabinet, and Supreme Court Justice) may use a
credit card, obtained pursuant to the process outlined in Chapter 8: Campaign Depositories,
under the following conditions:
The card may only be used in making travel-related campaign expenditures to include
transportation, lodging, meals, and other travel expenses incurred.
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 prior to
being used.
Each statement received from the issuer of the credit card must be paid upon receipt.
(Section 106.125, Fla. Stat.)
Debit Cards
Debit cards obtained pursuant to the process outlined in Chapter 8: Campaign Depositories
may be used in lieu of campaign checks and are considered bank checks if the person using
the card does not receive cash as part of, or independent of, any transaction for goods or
services.
All debit card receipts must contain:
Last four digits of the debit card number.
Exact amount of expenditure.
Name of payee.
Signature of campaign treasurer, deputy treasurer, or authorized user.
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 ensuring that such expenditure is authorized.
(Section 106.11, Fla. Stat.)
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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:
A person executes a contract for applicable goods or services;
A person makes payment, in whole or in part, for the production or public
dissemination of applicable goods or services; or
The electioneering communication is publicly disseminated.
(Sections 106.011(10) and (8), Fla. Stat.)
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Chapter 11: Electioneering Communications
Definition
Electioneering communication means a 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 candid ate 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 before 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 a political party, political
committee, or candidate. A news story distributed through the facilities owned or
controlled by a 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;
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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 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 is not
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.
(Section 106.011(8), Fla. Stat.)
Electioneering Communication 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).”
(Section 106.1439, Fla. Stat.)
Electioneering Communication Telephone Call Disclaimer
Any electioneering communication telephone call shall identify the persons or organizations
sponsoring the call by stating either: “Paid for by (name of 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, Fla. Stat.)
Penalty for Electioneering Communication Disclaimer Violation
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, Florida Statutes.
(Section 106.1439, Fla. Stat.)
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Chapter 12: Political Advertising
A political advertisement is a paid expression in a communications medium prescribed in
Section 106.011(4), Florida Statutes, 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 106.011(15), Fla. Stat.)
Candidate Disclaimers
Except as noted below, any political advertisement that is paid for by a candidate (except a
write-in 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).”
Any political advertisement that is paid for by a write-in 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), write-in candidate,
for (office sought)” or “Paid by (name of candidate), write-in candidate, for (office sought).”
(Section 106.143(1), Fla. Stat.)
Also, the disclaimer language alternatives provided above must be verbatim as quoted in
Section 106.143, Florida Statutes. 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 their 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.
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Candidates running for non-partisan office may not state the candidate’s political party
affiliation in the disclaimer, or in the body of the advertisement. Exception: The candidate
is not prohibited from stating the candidate’s partisan-related experience.
(Sections 106.143(3) and (5), Fla. Stat.)
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.
Exceptions to Disclaimer Requirements
The disclaimer requirements in Section 106.143, Florida Statutes, do 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:
Designed to be worn by a person.
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.
Placed as a graphic or picture link where compliance with the requirements of Section
106.143, Florida Statutes, 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.
Placed at no cost on an Internet website for which there is no cost to post content for
public users.
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.
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.
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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.
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.
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(10), Fla. Stat.)
Disclaimer requirements do not apply to individuals seeking a publicly elected position on
a political party executive committee.
Examples of Advertisements with Disclaimers
Note: The word “elect” or “re-elect” is not required to be used in political advertisements.
The word “re-elect” may not be used if the candidate is not the incumbent for the office
sought.
1. Non-incumbent, partisan candidate running for partisan office:
OR
2. Incumbent, partisan candidate running for partisan office:
OR
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3. Non-incumbent, no party affiliation candidate running for partisan office:
OR
4. Non-incumbent candidate running for nonpartisan office:
OR
5. Incumbent candidate running for nonpartisan office:
OR
Disclaimer for Write-in Candidates
Any political advertisement that is paid for by a write-in candidate and that is published, or
circulated before, or on the day of, any election must prominently state: “Political
advertisement paid for and approved by (name of candidate), write-in candidate, for (office
sought)” OR “Paid by (name of candidate), write-in candidate, for (office sought).”
Example:
OR
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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(10), Florida Statutes.
Example:
OR
Advertisement Provided In-kind
Required:
Political advertisements made as in-kind contributions from a political party must
prominently state: “Paid political advertisement paid for by in-kind by (name of political
party). Approved by (name of person, party affiliation, and office sought in the political
advertisement).”
(Section 106.143(2), Fla. Stat.)
Example:
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Chapter 13: Other Disclaimers
Any political advertisement not paid for by a candidate that is published, displayed, or
circulated prior to, or on the day of, any election must prominently:
Be marked “paid political advertisement” or “pd. pol. adv.”
State the name and address of the persons paying for the advertisement.
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.
(Section 106.143(1)(c), Fla. Stat.)
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.
(Section 106.143(4), Fla. Stat.)
Example:
Political advertisement for a candidate representing that an organization supports them,
paid for in-kind by the organization, with specific approval from the organization in writing:
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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 their supporters if those
messages are designed to be worn by a person.
(Sections 106.143(5)(b) and (10), Fla. Stat.)
Example:
Independent expenditure political advertisement supporting a partisan candidate running
for a partisan office:
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Disclaimers for Other than Independent Expenditures
Any political advertisement, not paid for by a candidate, including those paid for by a political
party or affiliated party committee, other than an independent expenditure, offered 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 their
supporters if those messages are designed to be worn by a person.
(Sections 106.143(5)(a) and (10), Fla. Stat.)
Example:
Political advertisement, not an independent expenditure, offered on behalf of a nonpartisan
candidate:
Disclaimers on Novelty Items
None of the requirements of Section 106.143, Florida Statutes, apply to novelty items having
a retail value of $10 or less which support, but do not oppose, a candidate or issue.
(Section 106.143(8), Fla. Stat.)
Examples :
Pens/Pencils Golf Balls Balloons
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Other Political Disclaimer Examples
Billboards:
Clothing:
None of the requirements of Section 106.143, Florida Statutes, to include political
disclaimers, apply to campaign messages or political advertisements used by a candidate and
the candidate’s supporters or by a political committee if the message advertised is designed
to be worn by a person.
(Section 106.143(10), Fla. Stat.)
Bumper stickers :
Note: On bumper stickers, there is no requirement to use the word “for” between the
candidate’s name and the office being sought in the body of the bumper sticker.
(Section 106.143(6), Fla. Stat.)
Jane Doe
State Senate, District 17
Paid by Jane Doe, Rep., for State Senate
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Miscellaneous Advertisements
Any advertisement, other than a political advertisement, independent expenditure, or
electioneering communication, on billboards, bumper sticker s, 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, Fla. Stat.)
Example of an advertisement to influence the vote of a public official:
An expenditure made for, or in furtherance of, a miscellaneous advertisement is not
considered to be a contribution to or on behalf of a candidate, and does not constitute an
independent expenditure. Such expenditures are not subject to the limitations applicable
to independent expenditures.
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 15: Telephone 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, Florida Statutes.
(Section 106.1439, Fla. Stat.)
Language Other Than English
Any political advertisement which is published, displayed, or produced in a language other
than English may provide the information required by Section 106.143, Florida Statutes, in
the language used in the advertisement.
(Section 106.143(9), Fla. Stat.)
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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, affiliated
party committee, 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, Fla. Stat.)
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Chapter 14: 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(1) and 106.025, Fla. Stat.)
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, Florida Statutes, and are to be accounted for and reported as any other contribution.
(Section 106.025, Fla. Stat.)
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, Fla. Stat.)
Tickets
Any tickets or advertising for a campaign fund raiser must comply with the requirements of
Section 106.143, Florida Statutes.
(Section 106.025, Fla. Stat.)
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Chapter 15: Telephone Solicitation
Disclosure Requirements
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 of 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.
(Sections 106.1439(2) and 106.147(1)(a), Fla. Stat.)
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.
(Section 106.147(1)(b), Fla. Stat.)
Prohibitions
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.
(Section 106.147(1)(c), Fla. Stat.)
No telephone call shall state or imply that the caller represents a nonexistent person
or organization.
(Section 106.147(1)(d), Fla. Stat.)
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.
(Section 106.147(2), Fla. Stat.)
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Penalties
Any person who willfully violates any provision of Section 106.147, Florida Statutes, commits
a misdemeanor of the first degree, punishable as provided in Section 775.082 or 775.083,
Florida Statutes.
The term “person” includes any candidate; any officer of any political committee, affiliated
party committee, 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, affiliated party committee,
political party executive committee, or corporation, partnership, or other business entity.
(Section 106.147(3), Fla. Stat.)
Registered Agent
Disclosure requirements:
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 section does not apply to any person or organization already lawfully registered
to conduct business in this state.
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 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 must be notified immediately of any changes in the information required
in item 1 listed above.
Violations: Any person or organization that violates this section commits a misdemeanor
of the first degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes.
(Section 106.1475, Fla. Stat.)
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Chapter 16: 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 their 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, Fla. Stat.)
Where to File
A campaign treasurer is required to file campaign treasurer’s reports with the filing officer
before whom the candidate registers (i.e., candidate files DS-DE 9).
Candidates filing reports with the Division are required to file by means of the Electronic
Filing System (see Chapter 19: Electronic Filing of Campaign Reports). If the candidate’s filing
officer is other than the Division, contact the appropriate filing officer to find out the
requirements.
The web address for filing online with the Division is efs.dos.state.fl.us.
(Section 106.07(2), Fla. Stat.)
When to File
Reports must be filed on the 10th day following the end of each calendar month from the
time the candidate registers (i.e., files DS-DE 9), 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.
A statewide candidate must file reports:
1. On the 60th day immediately preceding the primary election, and each week
thereafter, with the last weekly report being filed on the 4 th day immediately
preceding the general election.
2. On the 10th day immediately preceding the general election, and each day thereafter,
with the last daily report being filed the 5 th day immediately preceding the general
election.
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All other candidates must file reports on the 60 th day immediately preceding the primary
election and bi-weekly on each Friday thereafter through and including the 4 th day
immediately preceding the general election, with additional reports due on the 25th and
11th days before the primary election and the general election.
For candidates that file with the Division, see the Campaign Finance Reporting Dates.
An individual seeking a publicly elected position on a political party executive committee
who receives a contribution or makes an expenditure must file a single report of all
contributions and expenditures on the 4th day immediately preceding the primary election.
(See Chapter 18: Reporting for Individuals Seeking a Publicly Elected Position on a Party
Executive Committee.)
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
United States Postal Service no later than midnight of the day designated is deemed timely
filed. A report received by the filing officer within five 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 through the Electronic Filing System (EFS) are due no later
than midnight, Eastern Time, of the due date.
(Sections 106.07, 106.0705, and 106.141, Fla. Stat.;
Chapter 19: Electronic Filing of Campaign Reports)
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 immediately preceding the
primary and general 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 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.
(Sections 106.07(2) and (8), Fla. Stat.)
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Notice of No Activity
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 notify the filing officer in writing on or before the prescribed repor ting
date that no report is being filed on that date. (A notice of no activity filed with the Division
must be filed electronically 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, Fla. Stat.)
Special Election Reports
When a special election is called to fill a vacancy in office, campaign treasurer reports shall
be filed with the filing officer on the dates set by the Florida Department of State pursuant
to Section 100.111, Florida Statutes. The reports are only to include contributions and
expenditures related to the special election.
The candidate must notify the filing officer in writing on or before the prescribed reporting date
if no funds were received or no expenditures made during the special election reporting period.
Incomplete Reports
Although the Division’s Electronic Filing System will allow a candidate to file an incomplete
report, an incomplete report is not in compliance with the Florida Statutes.
If a candidate or campaign treasurer files a report that is deemed incomplete, they will be
notified by the filing officer by certified mail, or by another method using a common carrier
that provides a proof of delivery as to why the report is incomplete. The candidate or
campaign treasurer must file an addendum to the incomplete report within seven days of
notification. The addendum must include all necessary information to complete the report.
Failure to file a complete report after notice constitutes a violation of Chapter 106, Florida
Statutes.
(Section 106.07(2), Fla. Stat.)
Reporting Total Sums
Each campaign treasurer’s report required by Chapter 106, Florida Statutes, 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, Fla. Stat.)
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Reporting Contributions
Each report must contain:
1. Full name, address, specific occupation, amount, and date for each person making a
contribution. Reports must provide as clear a description as practicable of the
principal type of business conducted for corporations contributing. The occupation or
principal type of business is not required if the contribution is $100 or less, or from
a relative provided the relationship is reported.
2. Name, address, amount, and date for each political committee making any transfer of
funds.
3. Full name, address, specific occupation, principal place of business of the lender and
endorser, amount, and date for each loan.
4. Statement of each contribution, rebate, refund, or other receipts not listed in items 1
through 3 above.
(Sections 106.07(4) and 112.312(21), Fla. Stat.)
Returning Contributions
Contributions must be returned to the contributor if:
A candidate receives a contribution in excess of the limitations provided by law.
A candidate with opposition in an election receives a contribution on the day of that
election or less than five days prior to the date of that election.
A candidate receives a contribution once they are elected, defeated, becomes
unopposed, or withdraws their 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 2, Contributions Returned.
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 contribution report using the
contribution type “Refund.” This amount is reported as a negative. The candidate
may also wish to submit a signed, written explanation to the filing officer.
(Section 106.08, Fla. Stat.)
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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.
4. Transaction information for each credit card purchase. Credit cards may be used by
statewide (Governor, Cabinet, and Supreme Court Justice) candidates only. (See
Division of Elections Advisory 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 .
8. Total sum of expenditures during the reporting period.
(Section 106.07, Fla. Stat.)
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Reporting Other Distributions
Every distribution should be reported during the coverage period when the distribution
actually occurred, as is the case with the expenditures and contributions. The related
distribution(s) and expenditure can and often do occur in different reporting periods.
Types of distributions:
Prepaid
Credit card purchases/payments
Reimbursements
In-kind
Reports must contain:
1. Full name and address of each person to whom payment for reimbursement was made
by check drawn upon the campaign account together with the purpose of such payment.
2. 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.
3. Distribution of goods and services to a candidate, committee or party.
(Section 106.07, Fla. Stat.)
Special Requirements for Judicial Retention 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 they do
not anticipate receiving contributions or making expenditures in connection with their
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 appear ed 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 their 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, Florida Statutes.
(Sections 105.08(2) and 106.141, Fla. Stat.)
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Chapter 17: Termination Reports
Once a candidate withdraws, becomes unopposed, is eliminated, or elected to office, the
candidate must dispose of the funds on deposit in their campaign account and file a
campaign treasurer’s report (termination report) reflecting the disposition of funds. The
person may only expend funds from the campaign account to:
Purchase “thank you” advertising for up to 75 days after they withdraw, become
unopposed, is eliminated, or elected to office.
Pay for items which were obligated before they withdrew, became unopposed, were
eliminated, or elected to office.
Pay for expenditures necessary to close down the campaign office and to prepare final
campaign reports.
Dispose of surplus funds as provided in Section 106.141, Florida Statutes.
(Section 106.11(5), Fla. Stat.)
Because individuals who seek election to a political party executive committee are not
“candidates,” they do not file termination reports.
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 they were unable to pay the fee for verification
of petition signatures without imposing an undue burden on their personal resources or on
resources otherwise available to them, must reimburse the state or local government
entity, whichever is applicable, for such waived fee prior to disposing of any funds under
the surplus provisions contained in Section 106.141(4), Florida Statutes.
(Section 106.141, Fla. Stat.)
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Disposing of Surplus 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.
2. Donate the funds that have not been spent or obligated to a charitable organization
or organizations that meet the qualifications of Section 501(c)(3) of the Internal
Revenue Code.
3. Give not more than $25,000 of the funds that have not been spent or obligated to the
political party of which such 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 funds to an office account. (See Chapter 20: Office Accounts.)
6. In the case of a candidate elected to state office, retain up to $20,000 in the campaign
account for re-election to the same office. (See Chapter 21: Carryover Campaign Funds.)
Content of Report
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 pur suant to Section 106.141,
Florida Statutes. 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, Fla. Stat.)
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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 their candidacy, or is elected,
or eliminated, whichever comes first.
(Section 106.141, Fla. Stat.)
Campaign Loans Report
A person elected to office must report all loans, exceeding $500 in value, made to them and
used for campaign purposes, and made in the twelve months preceding their election to
office, to the filing officer. The report must be made on Forms DS-DE 73 and DS-DE 73A,
Campaign Loans Report, within ten days after being elected to office.
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), Florida Statutes.
(Section 106.075, Fla. Stat.)
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Chapter 18: Reporting for Individuals Seeking a Publicly Elected
Position on a Party Executive Committee
An individual seeking a publicly elected position on a political party executive committee
who receives a contribution or makes an expenditure shall file a report of all contributions
received and all expenditures made.
(Section 106.0702(1), Fla. Stat.)
Where to File
The report shall be filed with the Supervisor of Elections of the appropriate county.
When to File
The report shall be filed on the fourth day immediately preceding the primary election.
Reports shall be filed no later than 5 p.m. of the day designated; however, any report
postmarked by the United States Postal Service by the day designated shall be deemed to
have been filed in a timely manner. Any report received by the filing officer within five days
after the designated due date 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 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.
The report filed must contain information of all contributions received and expenditures
made as of the day preceding the designated due date. All such reports must be open to
public inspection.
(Section 106.0702(2), Fla. Stat.)
A reporting individual may submit the report required under this section through an
electronic filing system, if used by the supervisor for other candidates, in order to satisfy the
filing requirement. Such reports shall be completed and filed through the electronic filing
system not later than midnight on the fourth day immediately preceding the primary
election.
(Section 106.0702(1), Fla. Stat.)
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Termination Reports Not Required
Because individuals seeking a publicly elected position on a political party executive
committee are not “candidates,” such individuals are not required to file termination
reports.
Penalty for Late Filing
Any reporting individual who fails 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.
(Section 106.0702(7), Fla. Stat.)
Incomplete Reports
Although the Division’s Electronic Filing System will allow a candidate to file an incomplete
report, an incomplete report is not in compliance with the Florida Statutes.
If a candidate or campaign treasurer files a report that is deemed incomplete, they will be
notified by the filing officer by certified mail, or by another method using a common carrier
that provides a proof of delivery as to why the report is incomplete. The candidate or
campaign treasurer must file an addendum to the incomplete report within seven days of
notification. The addendum must include all necessary information to complete the report.
Failure to file a complete report after notice constitutes a violation of Chapter 106, Florida
Statutes.
(Section 106.07(2), Fla. Stat.)
Reporting Requirements
Each report must contain:
Full name, address, specific occupation, amount, and date for each person making
a contribution. Reports must provide as clea r a description as practicable of the
principal type of business conducted for corporations contributing. The occupation
or principal type of business is not required if the contribution is $100 or less., or
from a relative provided the relationship is rep orted.
Name and address of each political committ ee making any transfer of funds,
together with the amounts and dates of all transfers.
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Full name, address, specific occupation, principal place of business of the lender and
endorser, amount, and date for each loan.
Statement of each contribution, rebate, refund, or other receipts not listed in above.
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 the reporting individual on whose behalf such expenditure was
made.
Transaction information for each credit card purchase.
Amount and nature of debts and obligations owed by or to the reporting individual
which relate to the conduct of any political campaign.
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.
(Sections 106.0702(4) and 112.312(21), Fla. Stat.)
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Chapter 19: Electronic Filing of Campaign Reports
The Electronic Filing System (EFS) is an Internet system for recording and reporting campaign
finance activity by reporting period. Each candidate required to file reports with the Division
pursuant to Section 106.07, Florida Statutes, must do so using the Division’s EFS.
Reports filed:
Must be completed and filed through the EFS not later than 12:00 midnight, Eastern
Time, of the due date. Reports not filed by this time are late filed and are subject to
the penalties under Section 106.07(8) or 106.29(3), Florida Statutes, as applicable.
Are considered to be under oath by the candidate and treasurer, and such persons
are subject to provisions of Section 106.07(5) or 106.29(2), Florida Statutes, as
applicable.
(Sections 106.0705 and 106.0706, Fla. Stat.)
Accessing the EFS
The EFS can be accessed at efs.dos.state.fl.us. The Division provides each candidate an
identification number and initial password to gain entry. After logging in using the initial
password, the system will prompt the user to change it to a confidential one.
A person given a secure sign-on to the EFS is responsible for protecting the credentials from
disclosure and for all filings using such credentials, unless they have notified the Division
that their credentials have been compromised. Contact the Division 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 software vendors whose programs meet the file
specifications for filing campaign reports.
For instructions on uploading reports, see the Candidates User Guide - PDF (DS-DE 110A)
located on the Division’s website.
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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.
Electronic Receipts
The person filing a report via the EFS may print an electronic receipt verifying the report
was filed with the Division. Each report filed via the EFS is considered to be under oath and
such persons filing the report are subject to the provisions of Chapter 106, Florida Statutes.
Help Line and User Guide
EFS HELP LINE
(850) 245-6280
EFS HELP GUIDE
Candidates User Guide – PDF (DSDE 110A)
(Listed under Electronic Filing System Resources.)
dos.myflorida.com/elections/candidates-committees/campaign-finance/filing-campaign-reports
Note: For further information on the EFS, see Rule 1S-2.017, Florida Administrative Code,
Reporting Requirements for Campaign Treasurer’s Reports.
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Chapter 20: Office Accounts
A candidate elected to office or a candidate who will be elected to office by virtue of them
being unopposed may, in addition to disposing of all the funds in the campaign account in
accordance with Section 106.141(4), Florida Statutes, transfer funds from the campaign
account to an office account.
Transfer Limits
$50,000 for a candidate for statewide office.
$10,000 for a candidate for multi-county office.
$10,000 multiplied by the number of years in the term of office for which elected , for
a candidate for legislative office.
$5,000 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.
$6,000 for a candidate for retention as a justice of the Supreme Court.
$3,000 for a candidate for retention as a judge of a district court of appeal.
$3,000 for a candidate for county court judge or circuit judge.
(Section 106.141(5), Fla. Stat.)
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;
3. Professional services provided by a certified public accountant or attorney for
preparation of the election public official’s financial disclosure filing pursuant to
Section 112.3144 or 112.3145, Florida Statutes;
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4. Costs to prepare, print, produce, and mail holiday cards or newsletters about the
elected public official’s public business to constituents if such correspondence does
not constitute a political advertisement, independent expenditure , or electioneering
communication as provided in Section 106.011, Florida Statutes;
5. Fees or dues to religious, civic, or charitable organizations of which the elected public
official is a member;
6. Items of modest value such as flowers, greeting cards, or personal notes given as a
substitute for, or in association with, an elected public official’s personal attendance
at a constituent’s special event of family occasion, such as the birth of a child,
graduation, wedding, or funeral;
7. Personal expenses incurred by the elected public official in connection with attending
a constituent meeting or event where public policy is discussed, if such meetings or
events are limited to no more than once a week; or
8. Expenses incurred in the operation of the elected public official’s office, including the
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), Florida Statutes.
(Section 106.141(5), Fla. Stat.)
Reporting Office Account Funds
A candidate is required to file a report on the tenth day following the end of each calendar
quarter following the 90-day termination report until the office account is closed.
The officers required to file office account reports with the Division must file reports
electronically using the office account electronic filing system.
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Unless the county or city has a different process, those candidates required to file with
county or city filing officers must file reports using the following forms:
Form DS-DE 48, Office Account Report.
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:
A charitable organization or organizations that meet the requirements of Section
501(c)(3) of the Internal Revenue Code;
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.
Such reports shall be signed by the candidate, certified as true and correct , and filed with
the officer before whom campaign reports were filed.
(Sections 106.141(5) and (9), Fla. Stat.;
Division of Elections Advisory Opinion 06-04)
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Chapter 21: Carryover Campaign Funds
A candidate elected to state office or a candidate who will be elected to state office by
virtue of them being unopposed after candidate qualifying ends, may retain up to $20,000
in their campaign account, or in an interest-bearing account or certificate o f deposit, for
use in their next campaign for the same office, in addition to the disposition methods
provided in subsections 106.141 (4) and (5), Florida Statutes. All requirements applicable
to candidate campaign accounts under Chapter 106, Florida Statutes, including disclosure
requirements applicable to candidate campaign accounts, limitations on expenditures, and
limitations on contributions, apply to any retained funds.
The term “state office” means Governor, Lieutenant Governor, Attorney General, Chief
Financial Officer, Commissioner of Agriculture, State Senator, State Representative, Justice
of the Supreme Court, District Court of Appeal Judge, Circuit Court Judge, State Attorney,
and Public Defender.
The term “same office” with respect to legislative office means an office in the same
legislative body, irrespective of district number or designation or geographic boundary.
If a candidate who has retained funds under this subsection does not qualify as a candidate
for re-election to the same office, all retained funds shall be disposed of as otherwise
required by Section 106.141 or 106.11(5), Florida Statutes, within 90 days after the last day
of candidate qualifying for that office. Requirements in this section applicable to the
disposal of surplus funds, including reporting requirements, are applicable to the disposal
of retained funds.
(Section 106.141(6), Fla. Stat.)
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Chapter 22: Recordkeeping
Contributions
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, Fla. Stat.)
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, Fla. Stat.)
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, Fla. Stat.)
All deposits shall be accompanied by a bank deposit slip containing the name of e ach
contributor and the amount contributed by each.
(Section 106.05, Fla. Stat.)
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, Fla. Stat.)
Contributions deposited in a secondary campaign depository shall be forwarded to
the primary campaign depository prior to the end of the first business day following
the deposit. A copy of the deposit slip shall accompany the deposit.
(Section 106.05, Fla. Stat.)
Expenditures
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, Fla. Stat.)
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, Fla. Stat.)
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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 106.11, Fla. Stat.)
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, Fla. Stat.)
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, Fla. Stat.)
The campaign treasurer shall retain the records pursuant to Section 106.06, Florida
Statutes.
(Section 106.07, Fla. Stat.)
Preservation of Accounts
Accounts kept by the campaign treasurer of a candidate shall be preserved by such treasurer
for a number of years equal to the term of the office to which the candidate seeks election.
(Section 106.06, Fla. Stat.)
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Inspections
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 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(2), Fla. Stat.)
Records maintained by the campaign depository shall be subject to inspection by an
agent of the Division 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 or Florida Elections Commission upon request.
(Section 106.07(6), Fla. Stat.)
It is the duty of the Division to make, from time to time, audits and field investigations
with respect to reports and statements filed under the provisions of Chapter 106,
Florida Statutes, and with respect to alleged failures to file any report or statement
required under the provisions of Chapter 106, Florida Statutes.
(Section 106.22(6), Fla. Stat.)
It is the duty of the Division to conduct random audits with respect to reports and
statements filed under Chapter 106, Florida Statutes, and with respect to alleged
failure to file any reports and statements required under Chapter 106, Florida
Statutes.
(Section 106.22(10), Fla. Stat.)
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Chapter 23: Recordkeeping Tips
The Division offers the following best practices to help campaign treasurers in setting up a
system to record and maintain campaign information.
Keep a schedule of due dates for campaign treasurer’s reports. The Division’s website
provides each candidate with a calendar of election and reporting dates.
Know what period of time each report covers and only report activity occurring during
that reporting period.
If filing with the Division, 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.
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 contribution. Keep contributions itemized by monetary, in-kind, and loans.
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 specific
purpose.
Keep a petty cash ledger of all expenditures. These individual listings do not have to
be listed on campaign treasurer’s reports. However, you must list the total amount
withdrawn and total amount spent per reporting period.
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.
Make sure an authorization for advertising has been obtained from the candidate.
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Chapter 24: Florida Elections Commission
The Florida Elections Commission (FEC) is a separate and independent entity from the
Division. The FEC consists of nine members 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 tr easurer’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 FEC, which has the authority to waive the fine in whole or in part.
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 their
intention to bring the matter before the FEC.
(Section 106.07(8)(c), Fla. Stat.)
Complaint Process
Any person who has information of a violation of Chapter 104 or 106, Florida Statutes, shall
file a sworn complaint with the FEC by completing a complaint form and addressing it to:
The Florida Elections Commission
107 West Gaines Street
Suite 224, Collins Building
Tallahassee, FL 32399-1050
A complaint form (FEC Form 1) may be obtained from the FEC or downloaded from the
FEC’s website at www.fec.state.fl.us. For additional information, contact the FEC at
850.922.4539.
(Sections 106.25 and 106.28, Fla. Stat.)
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Appendices
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Appendix A: Legal References and Rules Cited
Constitution
Constitution of the State of Florida
Florida Election Code
Chapter 99 Candidates
Chapter 103 Presidential Electors; Political Parties; Executive Committees and Members
Chapter 104 Violation; Penalties
Chapter 105 Nonpartisan Elections
Chapter 106 Campaign Financing
Chapter 287 Procurement of Personal Property and Services
Florida Statutes
97.012 Secretary of State as chief election officer.
97.021 Definitions.
98.015 Supervisor of elections; election, tenure of office, compensation, custody of registration-
related documents, office hours, successor, seal; appointment of deputy supervisors; duties.
99.012 Restrictions on individuals qualifying for public office.
99.021 Form of candidate oath.
99.0955 Candidates with no party affiliation; name on general election ballot.
100.111 Filling vacancy.
103.091 Political parties.
103.095 Minor political parties.
104.271 False or malicious charges against, or false statements about, opposing candidates; penalty.
104.2715 False representations of military service; penalty.
105.011 Definitions.
105.031 Qualification; filing fee; candidate’s oath; items required to be filed.
105.071 Candidates for judicial office; limitations on political activity.
105.08 Campaign contribution and expense; reporting.
106.011 Definitions.
106.021 Campaign treasurers; deputies; primary and secondary depositories.
106.023 Statement of candidate.
106.025 Campaign fund raisers.
106.05 Deposit of contributions; statement of campaign treasurer.
106.055 Valuation of in-kind contributions.
106.06 Treasurer to keep records; inspections.
106.07 Reports; certification and filing.
106.0701 Solicitation of contributions on behalf of s. 527 or s. 501(c)(4) organizations; reporting
requirements; civil penalty; exemption.
106.0702 Reporting; political party executive committee candidates.
106.0705 Electronic filing of campaign treasurer’s reports.
106.0706 Electronic filing of campaign finance reports; public records exemption.
106.071 Independent expenditures; electioneering communications; reports; disclaimers.
106.075 Elected officials; report of loans made in year preceding election; limitation on contributions
to pay loans.
106.08 Contributions; limitations on.
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106.09 Cash contributions and contribution by cashier’s checks.
106.11 Expenses of and expenditures by candidates and political committees.
106.12 Petty cash funds allowed.
106.125 Credit cards; conditions on use.
106.14 Utilities; deposits; prior authorization.
106.1405 Use of campaign funds.
106.141 Disposition of surplus funds by candidates.
106.143 Political advertisements circulated prior to election; requirements.
106.1437 Miscellaneous advertisements.
106.1439 Electioneering communications; disclaimers.
106.147 Telephone solicitation; disclosure requirements; prohibitions; exemptions; penalties.
106.1475 Telephone solicitation; registered agent requirements; penalty.
106.15 Certain acts prohibited.
106.165 Use of closed captioning and descriptive narrative in all television broadcasts.
106.19 Violations by candidates, persons connected with campaigns, and political committees.
106.22 Duties of the Division of Elections.
106.23 Powers of the Division of Elections.
106.25 Reports of alleged violations to Florida Elections Commission; disposition of findings.
106.265 Civil penalties.
106.28 Limitation of actions.
106.29 Reports by political parties and affiliated party committees; restrictions on contributions and
expenditures; penalties.
112.312 Definitions.
112.3144 Full and public disclosure of financial interests.
112.3145 Disclosure of financial interests and clients represented before agencies.
775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain
reoffenders previously released from prison.
775.083 Fines.
849.09 Lottery prohibited; exceptions.
Florida Administrative Code
Rule 1S-2.017 Reporting Requirements for Campaign Treasurer's Reports
Forms
DS-DE 2 Contributions Returned
DS-DE 9 Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates
DS-DE 48 Office Account Forms
DS-DE 48A Office Account Disbursement of Deposit Information
DS-DE 73 Campaign Loans Report
DS-DE 73A Campaign Loans Report Itemized
DS-DE 83 Statement of Candidate for Judicial Office
DS-DE 84 Statement of Candidate
DS-DE 86 Request for Return of Contribution
DS-DE 96 Affidavit of Intention (Supreme Court & DCA only)
DS-DE 97 Affidavit of Compliance (Supreme Court & DCA only)
DS-DE 100 Telephone Solicitation Registered Agent Form
DS-DE 102 Statement of Solicitation
DS-DE 104 Candidate Petition Form
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Division of Elections Advisory Opinions
DE 78-34 Judicial Candidates; Attendance at Political Party Functions
DE 89-02 Anonymous Contributions
DE 90-15 Cash Contributions and Contributions by Cashier's Checks
DE 94-02 Use of Money Orders as Campaign Contribution
DE 00-03 Use of Debit and Credit Cards for Campaign Contributions and Expenditures
DE 04-03 Candidates; Membership in Political or Civic Groups
DE 04-06 Section 99.012, Florida Statutes, "Resign to Run;" and section 106.011(3), Florida Statutes,
In-kind Contributions
DE 05-07 Political Party State Executive Committee Reporting Requirements
DE 06-04 Disposition of Surplus Funds by a Non-Partisan Municipal Candidate; § 106.141(4)(a)3,
Florida Statutes.
DE 06-10 Petty Cash: Definition of the Term "Other Necessities"; and Reimbursement for Campaign
Expenses; §§ 106.12(3) and 106.021(3), Florida Statutes
DE 09-03 Campaign Financing - Soliciting and Receiving Contributions via Pay Pal §§ 106.05 and
106.08(5), Florida Statutes
DE 09-08 Campaign Financing - In-Kind Contributions and Valuation of Private Aircraft Travel §§
106.055 and 106.08(2), Florida Statutes
DE 16-12 Advertising - Political Disclaimers; Meaning of “Expressly Advocates”; Electioneering
Communications; §§ 106.011, 106.143, 106.1439, Florida Statutes
Campaign Finance Reporting Guides and System
Electronic Filing System
EFS User Guide (see specifically Candidates User Guide - PDF (DS-DE 110A))
Calendar of Reporting Dates (see Candidates, Political Committees, Electioneering Communications
Organizations - PDF under Campaign Finance Reporting Dates)
Office Accounts
Code of Judicial Conduct
www.floridasupremecourt.org/Opinions/Judicial-Ethics-Advisory-Committee/Code-of-Judicial-Conduct2
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Appendix B: Frequently Asked Questions
Candidates
Q1. If I 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), Fla. Stat.)
Q2. 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 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, Fla. Stat.)
Q3. How do I 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 signed letter of resignation or removal.
Q4. How are judges elected in Florida and what are their terms?
Merit Retention
Not 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 primary (i.e. b oth the primary
and general elections must be one year away) 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. More information can be found from the Florida State
Courts website (www.flcourts.org).
Elected Judges
Elected 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
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candidate receives a majority of the votes at the primary election, the candidate's 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.
Q5. Can a judicial candidate speak at a political party function?
A judicial candidate may attend and speak in their own behalf at political party functions.
However, care must be exercised to ensure compliance with the election laws and the Code
of Judicial Conduct. (See Chapter 105, Florida Statutes, and Division of Elections Advisory
Opinion 78-34.) See also opinions of the Judicial Ethics Advisory Committee.
Q6. I am a county court judge candidate. Where do I file and qualify?
You must file your qualifying papers with the Supervisor of Elections office in the county
where you reside.
(Section 105.031, Fla. Stat.)
Q7. 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 Supervisor of Elections of the county in which such petition was circulated.
Campaign Finance
Q8. Do persons running for a political party executive committee office (e.g. precinct
committeeperson) for precinct committeeperson have to file campaign reports?
Only if the person has received a contribution or made an expenditure; if applicable, the
person files a single report on the 4th day before the primary election. Although, persons
seeking election to political party executive committees are specifically exempt from the
definition of "candidate,” the political party executive office falls within the definition of
“election.”
(Sections 103.091, 106.011(3) and (7), and 106.0702 Fla. Stat.)
Q9. May a candidate appoint themselves as campaign treasurer?
Yes.
(Section 106.021(1)(c), Fla. Stat.)
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Q10. Must a campaign treasurer be a registered voter in Florida?
No.
(Section 106.021(1)(c), Fla. Stat.)
Q11. How many deputy treasurers may a candidate have?
Candidates for statewide office may appoint up to 15 deputy treasurers. Other candidates
may appoint up to 3 deputy treasurers.
(Section 106.021(1)(a), Fla. Stat.)
Q12. 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.
(Section 106.021(4), Fla. Stat.)
Q13. 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, Fla. Stat.)
Q14. May a candidate accept a contribution from a trust fund?
Yes. Chapter 106, Florida Statutes, 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, affiliated party committee, or political
committee.
(Section 106.011(14), Fla. Stat.)
Q15. 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), Fla. Stat.)
Q16. Are in-kind contributions subject to the same limitations as monetary contributions?
Yes. In Chapter 106, Florida Statutes, 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.
(Sections 106.011(5) and 106.08, Fla. Stat.)
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Q17. 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, Fla. Stat.)
Q18. 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, Florida Statutes.
(Section 106.011(14), Fla. Stat.)
Q19. 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 five days prior to
the general election.
(Section 106.08(3), Fla. Stat.)
Q20. Can I 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.
Q21. 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,
Florida Statutes.
(Division of Elections Advisory Opinion 89-02)
Q22. 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 expenses not specifically listed in Section 106.141(5), Florida
Statutes, please contact your office’s legal or accounting department.
Q23. Can I use my leftover campaign funds to help fund my future re-election?
No, unless you have been elected to a state office or will be elected to state office after being
unopposed after the end of the qualifying period and you seek re-election to the same office.
If the exception applies to you, you may retain up to $20,000 in your campaign account.
(Section 106.141(6), Fla. Stat.)
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Q24. 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), Fla. Stat.)
Q25. Do I have to file campaign reports on the Electronic Filing System (EFS)?
If the Division is your filing officer, you are required to file all campaign reports via the EFS.
If your filing officer is other than the Division, contact that office to find out its requirements.
(Section 106.0705, Fla. Stat.)
Q26. 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 106.07(2)(b) and (3), Fla. Stat.)
Q27. 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, 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 you add activity to a waiver after the report due date, a fine will be imposed
based upon the new filing date in accordance with Section 106.07(8)(b), Florida Statutes.
Q28. If I am late submitting my report, how is my fine calculated?
$50 per day for the first three 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 late day, not to exceed 25% of the total
receipts or expenditures, whichever is greater, for the period covered by the late report.
Q29. If I am late submitting my notification of no activity, is an automatic fine assessed?
No, because you had no receipts or expenditures dur ing the reporting period. However, to
avoid potential issues in the future, please note that state law (s. 106.07(7), Fla. Stat.)
requires you to file by the dates set out also in law, either a campaign finance report or if
applicable, a notification that no reportable activity occurred for the reporting period.
Failure to do so may constitute a violation of Sections 106.07(1) and 106.19(1)(c), Florida
Statutes. The Division is required to notify the Florida Elections Commission of any apparent
violation of Chapter 106, Florida Statutes, or any failure to file a report or information
required by Chapter 106, Florida Statutes. If a matter is referred to the Florida Elections
Commission, the Commission may assess a civil penalty of up to $1,000 per violation.
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Q30. 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), Fla. Stat.)
Q31. Does the prohibition against accepting contributions five days prior to an election for
“candidates” apply to individuals running for political party executive committee
positions?
No, because the prohibition in Section 106.08(3)(a), Florida Statutes, applies only to a
“contribution received by a candidate” and persons running for political party executive
committee positions are not “candidates.”
Q32. How can I tell if a provision in Chapter 106, Florida Statutes, applies to individuals
running for political party executive committee positions?
Aside from the provisions of Section 106.0702, Florida Statutes, expressly applying to these
individuals, use the following as a general rule:
If the provision in Chapter 106, Florida Statutes, applies only to a “candidate” or “candidates,”
and individuals running for political party executive committee positions are not
“candidates,” the provision will not apply. However, if the provision applies to an “election”
without reference to “candidates,” and because selecting a member of a political party
executive committee is included in the definition of “election,” the provision will apply.
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Appendix C: Deadlines for Accepting Contributions
Other Offices
(except Supreme
Court)
Justice of the
Supreme Court
Judge of a District
Court of Appeal
Circuit Judge or
County Court Judge
If opposed in the
primary election
the candidate
may accept:
$1,000 no later
than midnight on
August 13, 2020
$1,000 no later than
midnight on
August 13, 2020
If opposed in the
primary and
general elections
the candidate
may accept:
• $1,000 no later
than midnight on
August 13, 2020;
• $1,000 between
August 19 and
midnight on
October 29, 2020
• $1,000 no later than
midnight on
August 13, 2020;
• $1,000 between
August 19 and
midnight on
October 29, 2020
If opposed only in
the general
election, the
candidate may
accept:
• $1,000 no later
than midnight on
August 18, 2020;
• $1,000 between
August 19 and
midnight on
October 29, 2020
Considered an
opposed
candidate but
only has one
election, the
general election,
may accept:
$3,000 no later than
midnight on
October 29, 2020 ***
$1,000 no later than
midnight on
October 29, 2020 ***
***Contributions may be accepted during the primary election, but must be applied toward the
general election limitation.
District/Precinct Polling Location Address City
1306 Atlantic Beach City Hall 800 Seminole Rd Atlantic Beach
1307 Adele Grage Cultural Center 716 Ocean Blvd Atlantic Beach
1308 Community Presbyterian Church 150 Sherry Dr Atlantic Beach
1312 Oceanside Church of Christ 1025 Snug Harbor Ct Atlantic Beach
ATLANTIC BEACH POLLING SITES
Click here to find your precinct.
APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN
DEPOSITORY FOR CANDIDATES
(Section 106.021(1), F.S.)
(PLEASE PRINT OR TYPE)
NOTE: This form must be on file with the qualifying
officer before opening the campaign account. OFFICE USE ONLY
1. CHECK APPROPRIATE BOX(ES):
Initial Filing of Form Re-filing to Change: Treasurer/Deputy Depository Office Party
2. Name of Candidate (in this order: First, Middle, Last)
3. Address (include post office box or street, city, state, zip
code)
4. Telephone
( )
5. E-mail address
6. Office sought (include district, circuit, group number)
7. If a candidate for a nonpartisan office, check if
applicable:
My intent is to run as a W rite-In candidate.
8. If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a
Write-In No Party Affiliation _________________________________________ Party candidate.
9. I have appointed the following person to act as my Campaign Treasurer Deputy Treasurer
10. Name of Treasurer or Deputy Treasurer
11. Mailing Address 12. Telephone
( )
13. City 14. County 15. State 16. Zip Code 17. E-mail address
18. I have designated the following bank as my Primary Depository Secondary Depository
19. Name of Bank 20. Address
21. City 22. County 23. State 24. Zip Code
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND
DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE.
25. Date 26. Signature of Candidate
X
27. Treasurer’s Acceptance of Appointment (fill in the blanks and check the appropriate block)
I, , do hereby accept the appointment
(Please Print or Type Name)
designated above as: Campaign Treasurer Deputy Treasurer.
X
Date Signature of Campaign Treasurer or Deputy Treasurer
DS-DE 9 (Rev. 10/10) Rule 1S-2.0001, F.A.C.
STATEMENT OF
CANDIDATE
(Section 106.023, F.S.)
(Please print or type)
OFFICE USE ONLY
I, ,
candidate for the office of ;
have been provided access to read and understand the requirements of
Chapter 106, Florida Statutes.
X
Signature of Candidate Date
Each candidate must file a statement with the qualifying officer within 10 days after the
Appointment of Campaign Treasurer and Designation of Campaign Depository is filed. Willful
failure to file this form is a first degree misdemeanor and a civil violation of the Campaign
Financing Act which may result in a fine of up to $1,000, (ss. 106.19(1)(c), 106.265(1), Florida
Statutes).
DS-DE 84 (05/11)
NOMINATION PETITION
We, the undersigned electors of the City of Atlantic Beach, hereby nominate
_______________________________, whose residence is _________________________________,
for the office of Mayor - Seat 1, to be voted for at the election to be held on the 3rd day of November,
2020, 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 election to the Atlantic Beach City Commission.
PRINTED NAME ADDRESS DATE OF BIRTH SIGNATURE DATE
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________________
* * * * Signatures must be verified * * * *
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing ______ signatures. Each signature
appended hereto was made in my presence and is the genuine signature of the person whose name it
purports to be.
SIGNATURE OF CIRCULATOR: _________________________________
ADDRESS: ___________________________________________________________
ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Mayor - Seat No. 1 on the City Commission. I have been a full time
resident of the City of Atlantic Beach for at least two years prior to qualifying and am qualified to be a
candidate for this office.
SIGNATURE: ________________________________________________
HOME PHONE: ____________________________
BUSINESS PHONE: ___________________________________
NOMINATION PETITION
We, the undersigned electors of the City of Atlantic Beach, hereby nominate
_________________________, whose residence is ______________________________, for the office
of Commissioner - Seat 2, to be voted for at the election to be held on the 3rd day of November, 2020,
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 election to the Atlantic Beach City Commission.
PRINTED NAME ADDRESS DATE OF BIRTH SIGNATURE DATE
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________________
* * * * Signatures must be verified * * * *
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing ______ signatures. Each signature
appended hereto was made in my presence and is the genuine signature of the person whose name it
purports to be.
SIGNATURE OF CIRCULATOR: _________________________________
ADDRESS: ___________________________________________________________
ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Commissioner - Seat No. 2 on the City Commission. I have been a
full time resident of the City of Atlantic Beach for at least two years prior to qualifying and am qualified to
be a candidate for this office.
SIGNATURE: ________________________________________________
HOME PHONE: ____________________________
BUSINESS PHONE: ___________________________________
NOMINATION PETITION
We, the undersigned electors of the City of Atlantic Beach, hereby nominate
_________________________, whose residence is ______________________________, for the office
of Commissioner - Seat 3, to be voted for at the election to be held on the 3rd day of November, 2020,
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 election to the Atlantic Beach City Commission.
PRINTED NAME ADDRESS DATE OF BIRTH SIGNATURE DATE
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________________
* * * * Signatures must be verified * * * *
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing ______ signatures. Each signature
appended hereto was made in my presence and is the genuine signature of the person whose name it
purports to be.
SIGNATURE OF CIRCULATOR: _________________________________
ADDRESS: ___________________________________________________________
ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Commissioner - Seat No. 3 on the City Commission. I have been a
full time resident of the City of Atlantic Beach for at least two years prior to qualifying and am qualified to
be a candidate for this office.
SIGNATURE: ________________________________________________
HOME PHONE: ____________________________
BUSINESS PHONE: ___________________________________
Candidate Oath
(Section 99.021(1)(a), Florida Statutes)
I,
(Print name above as you wish it to appear on the ballot. If your last name consists of two or more names but has no
hyphen, check box . (See page 2 - Compound Last Names). No change can be made after the end of qualifying.
Although a write-in candidate’s name is not printed on the ballot, the name must be printed above for oath purposes.)
am a candidate for the nonpartisan office of , ,
(Office) (District #)
, ; I am a qualified elector of County, Florida;
(Circuit #) (Group or Seat #)
I am qualified under the Constitution and the Laws of Florida to hold the office to which I desire to be nominated or elected; I
have qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with the office
I seek; and I have resigned from any office from which I am required to resign pursuant to Section 99.012, Florida Statutes;
and I will support the Constitution of the United States and the Constitution of the State of Florida.
CANDIDATE OATH –
NONPARTISAN OFFICE
(Do not use this form if a Judicial or School Board Candidate)
Check box only if you are seeking to qualify as a
write-in candidate:
Write-in candidate
X ( )
Signature of Candidate Telephone Number Email Address
Address City State ZIP Code
STATE OF FLORIDA
Signature of Notary Public
COUNTY OF Print, Type, or Stamp Commissioned Name of Notary Public below:
Sworn to (or affirmed) and subscribed before me by physical or
online presence this day of , 20 .
Personally Known: or Produced Identification:
Type of Identification Produced:
Rule 1S-2.0001, F.A.C.
OFFICE USE ONLY
Candidate’s Florida Voter Registration Number (located on your voter information card):
Phonetic spelling for audio ballot: Print name phonetically on the line below as you wish it to be pronounced on the audio
ballot as may be used by persons with disabilities (see instructions on page 2 of this form): [Not applicable to write-in candidates.]
DS-DE 302NP (Rev. 04/20)
Compound Last Names
If your last name consists of two or more names and has no hyphen, check the box in the Candidate Oath section. If you fail to
check the box, your name will be listed with the name appearing last on the line. Example: John Jones Smith – If the last name has
no hyphen and you do not check the box, the last name on the ballot would be “Smith”. If you check the box, your last name would
be listed on the ballot as “Jones Smith.” If you have a hyphen within your last name, the last name would be listed as “Jones-Smith”.
Guide for Designating Phonetic Spelling
of Candidate’s Name for Audio Ballot
1.
2.
3.
4.
Use tables below.
Use upper case for “stressed” syllables. Use lower case for “unstressed” syllables.
Use dashes (-) to separate syllables.
Add any notes such as rhyming examples, silent letters, etc.
Do not submit this page to the filing officer.
DS-DE 302NP (Rev. 04/20) Rule 1S-2.0001, F.A.C.
Examples of Phonetically Spelled Names
NAME ON BALLOT PRONOUNCED AS
Mishaud mee-SHO (‘d’ is silent)
Jahn HAHN (rhyme: fawn)
Beauprez boo-PRAI (rhyme: hooray)
Maniscalco man-uh-SKAL-ko
Tangipahoa TAN-ji-pah-HO-uh
Monte Mahn-TAI
Tanya TAWN-yuh (not TAN)
Consonants
B (BED) bed R (RED) red
D (DET) debt S (SET) set
F (FED) fed T (TEN) ten
G (GET) get V (VET) vet
H (HED) head Y (YET) yet
HW (HWICH) which W (WICH) witch
J (JUHG) jug CH (CHUCRCH) church
K (KAD) cad SH (SHEEP) sheep
L (LAIM) lame TS (ITS) its (PITS-feeld) Pittsfield
M (MAT) mat TH (THEI) Thigh
N (NET) net TH (THEI) Thy
NG (SING-uhr) singer ZH (A-zhuhr) azure (VI-zhuhn) vision
P (PET) pet Z (GOODZ) goods (HUH-buhz-tuhn) Hubbardston
Vowels
Stressed Vowel Sounds Unstressed Vowel Sounds
EE (FEET) feet uh (SO-fuh) sofa (FING-guhr) finger
I (FIT) fit
E (BED) bed
A (KAT) cat (KAD) cad
AH (FAH-thur) father (PAHR) par
AH (HAHT) hot (TAH-dee) toddy
UH (FUHJ) fudge (FLUHD) flood
UH (CHUHRCH) church
AW (FAWN) fawn Certain Vowel Sounds with R
U (FUL) full AHR (PAHR) par
OO (FOOD) food ER (PER) pair
OU (FOUND) found IR (PIR) peer
O (FO) foe OR (POR) pour
EI (FEIT) fight OOR (POOR) poor
AI (FAIT) fate UHR (PUHR) purr
OI (FOIL) foil
YOO (FYOOR-ee-uhs) furious
**** THIS SECTION MUST BE COMPLETED ****
DISCLOSURE PERIOD:
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2019.
MANNER OF CALCULATING REPORTABLE INTERESTS:
FILERS HAVE THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUES, WHICH REQUIRES
FEWER CALCULATIONS, OR USING COMPARATIVE THRESHOLDS, WHICH ARE USUALLY BASED ON PERCENTAGE VALUES
(see instructions for further details). CHECK THE ONE YOU ARE USING (must check one):
COMPARATIVE (PERCENTAGE) THRESHOLDS OR DOLLAR VALUE THRESHOLDS
FORM 1
PART A -- PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person - See instructions]
(If you have nothing to report, write "none" or "n/a")
NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S
OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY
PART B -- SECONDARY SOURCES OF INCOME
[Major customers, clients, and other sources of income to businesses owned by the reporting person - See instructions]
(If you have nothing to report, write "none" or "n/a")
NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS
BUSINESS ENTITY OF BUSINESS' INCOME OF SOURCE ACTIVITY OF SOURCE
You are not limited to the space on the
lines on this form. Attach additional
sheets, if necessary.
FILING INSTRUCTIONS for when
and where to file this form are
located at the bottom of page 2.
INSTRUCTIONS on who must file
this form and how to fill it out
begin on page 3.
FOR OFFICE USE ONLY:
PART C -- REAL PROPERTY [Land, buildings owned by the reporting person - See instructions]
(If you have nothing to report, write "none" or "n/a")
CE FORM 1 - Effective: January 1, 2020 (Continued on reverse side) PAGE 1
Incorporated by reference in Rule 34-8.202(1), F.A.C.
NAME OF OFFICE OR POSITION HELD OR SOUGHT :
NAME OF AGENCY :
CHECK ONLY IF CANDIDATE OR NEW EMPLOYEE OR APPOINTEE
MAILING ADDRESS :
LAST NAME -- FIRST NAME -- MIDDLE NAME :
Please print or type your name, mailing
address, agency name, and position below:
CITY : ZIP : COUNTY :
STATEMENT OF
FINANCIAL INTERESTS
2019
FILING INSTRUCTIONS:
IF ANY OF PARTS A THROUGH G ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE
PART D — INTANGIBLE PERSONAL PROPERTY [Stocks, bonds, certificates of deposit, etc. - See instructions]
(If you have nothing to report, write "none" or "n/a")
TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES
PART E — LIABILITIES [Major debts - See instructions]
(If you have nothing to report, write "none" or "n/a")
NAME OF CREDITOR ADDRESS OF CREDITOR
PART F — INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses - See instructions]
(If you have nothing to report, write "none" or "n/a")
BUSINESS ENTITY # 1 BUSINESS ENTITY # 2
NAME OF BUSINESS ENTITY
ADDRESS OF BUSINESS ENTITY
PRINCIPAL BUSINESS ACTIVITY
POSITION HELD WITH ENTITY
I OWN MORE THAN A 5% INTEREST IN THE BUSINESS
NATURE OF MY OWNERSHIP INTEREST
If you were mailed the form by the Commission on Ethics or a County
Supervisor of Elections for your annual disclosure filing, return the
form to that location. To determine what category your position falls
under, see page 3 of instructions.
Local officers/employees file with the Supervisor of Elections
of the county in which they permanently reside. (If you do not
permanently reside in Florida, file with the Supervisor of the county
where your agency has its headquarters.) Form 1 filers who file with
the Supervisor of Elections may file by mail or email. Contact your
Supervisor of Elections for the mailing address or email address to
use. Do not email your form to the Commission on Ethics, it will be
returned.
State officers or specified state employees who file with the
Commission on Ethics may file by mail or email. To file by mail,
send the completed form to P.O. Drawer 15709, Tallahassee, FL
32317-5709; physical address: 325 John Knox Rd, Bldg E, Ste 200,
Tallahassee, FL 32303. To file with the Commission by email, scan
your completed form and any attachments as a pdf (do not use any
other format), send it to CEForm1@leg.state.fl.us and retain a copy
for your records. Do not file by both mail and email. Choose only one
filing method. Form 6s will not be accepted via email.
Candidates file this form together with their filing papers.
MULTIPLE FILING UNNECESSARY: A candidate who files a Form
1 with a qualifying officer is not required to file with the Commission
or Supervisor of Elections.
WHEN TO FILE: Initially, each local officer/employee, state officer,
and specified state employee must file within 30 days of the
date of his or her appointment or of the beginning of employment.
Appointees who must be confirmed by the Senate must file prior to
confirmation, even if that is less than 30 days from the date of their
appointment.
Candidates must file at the same time they file their qualifying
papers.
Thereafter, file by July 1 following each calendar year in which they
hold their positions.
Finally, file a final disclosure form (Form 1F) within 60 days of
leaving office or employment. Filing a CE Form 1F (Final Statement
of Financial Interests) does not relieve the filer of filing a CE Form 1
if the filer was in his or her position on December 31, 2019.
CE FORM 1 - Effective: January 1, 2020. PAGE 2
Incorporated by reference in Rule 34-8.202(1), F.A.C.
SIGNATURE OF FILER:
Signature:
____________________________________________
Date Signed:
____________________________________________
CPA or ATTORNEY SIGNATURE ONLY
If a certified public accountant licensed under Chapter 473, or attorney
in good standing with the Florida Bar prepared this form for you, he or
she must complete the following statement:
I, _______________________________________, prepared the CE
Form 1 in accordance with Section 112.3145, Florida Statutes, and the
instructions to the form. Upon my reasonable knowledge and belief, the
disclosure herein is true and correct.
CPA/Attorney Signature: ______________________________
Date Signed: _______________________________________
PART G — TRAINING
For elected municipal officers required to complete annual ethics training pursuant to section 112.3142, F.S.
I CERTIFY THAT I HAVE COMPLETED THE REQUIRED TRAINING.
Examples:— You are the sole proprietor of a dry cleaning business, from which you received more than 10% of your gross income—an amount that was more than $1,500. If only one customer, a uniform rental company, provided more than 10% of your dry cleaning business, you must list the name of the uniform rental company, its address, and its principal business activity (uniform rentals). — You are a 20% partner in a partnership that owns a shopping mall and your partnership income exceeded the thresholds listed above. You should list each tenant of the mall that provided more than 10% of the partnership’s gross income, and the tenant’s address and principal business activity.PART C — REAL PROPERTY[Required by s. 112.3145(3)(a)3, F.S.]In this part, list the location or description of all real property in Florida in which you owned directly or indirectly at any time during the disclosure period in excess of 5% of the property’s value. You are not required to list your residences. You should list any vacation homes, if you derive income from them.Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you own more than 5% of a partnership or corporation that owns the property. The value of the property may be determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal.The location or description of the property should be sufficient to enable anyone who looks at the form to identify the property. A street address should be used, if one exists. PART D — INTANGIBLE PERSONAL PROPERTY[Required by s. 112.3145(3)(a)3, F.S.] Describe any intangible personal property that, at any time during the disclosure period, was worth more than 10% of your total assets, and state the business entity to which the property related. Intangible personal property includes things such as cash on hand, stocks, bonds, certificates of deposit, vehicle leases, interests in businesses, beneficial interests in trusts, money owed you, Deferred Retirement Option Program (DROP) accounts, the Florida Prepaid College Plan, and bank accounts. Intangible personal property also includes investment products held in IRAs, brokerage accounts, and the Florida College Investment Plan. Note that the product contained in a brokerage account, IRA, or the Florida College Investment Plan is your asset—not the account or plan itself. Things like automobiles and houses you own, jewelry, and paintings are not intangible property. Intangibles relating to the same business entity may be aggregated; for example, CD’s and savings accounts with the same bank. Calculations: To determine whether the intangible property exceeds 10% of your total assets, total the fair market value of all of your assets (including real property, intangible property, and tangible personal property such as jewelry, furniture, etc.). When making this calculation, do not subtract any liabilities (debts) that may relate to the property. Multiply the total figure by 10% to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount. The value of a leased vehicle is the vehicle’s present value minus the lease residual (a number which can be found on the lease document). Property that is only jointly owned property should be valued according to the percentage of your joint ownership. Property owned as tenants by the entirety or as joint tenants with right of survivorship should be valued at 100%. None of your calculations or the value of the property have to be disclosed on the form. Example: You own 50% of the stock of a small corporation that is worth $100,000, the estimated fair market value of your home and other property (bank accounts, automobile, furniture, etc.) is $200,000. As your total assets are worth $250,000, you must disclose intangibles worth over $25,000. Since the value of the stock exceeds this threshold, you should list “stock” and the name of the corporation. If your accounts with a particular bank exceed $25,000, you should list “bank accounts” and bank’s name.PART E — LIABILITIES[Required by s. 112.3145(3)(b)4, F.S.] List the name and address of each creditor to whom you owed any amount that, at any time during the disclosure period, exceeded your net worth. You are not required to list the amount of any debt or your net worth. You do not have to disclose: credit card and retail installment accounts, taxes owed (unless reduced to a judgment), indebtedness on a life insurance policy owed to the company of issuance, or contingent liabilities. A “contingent liability” is one that will become an actual liability only when one or more future events occur or fail to occur, such as where you are liable only as a guarantor, surety, or endorser on a promissory note. If you are a “co-maker” and are jointly liable or jointly and severally liable, it is not a contingent liability. Calculations: To determine whether the debt exceeds your net worth, total all of your liabilities (including promissory notes, mortgages, credit card debts, judgments against you, etc.). The amount of the liability of a vehicle lease is the sum of any past-due payments and all unpaid prospective lease payments. Subtract the sum total of your liabilities from the value of all your assets as calculated above for Part D. This is your “net worth.” List each creditor to whom your debt exceeded this amount unless it is one of the types of indebtedness listed in the paragraph above (credit card and retail installment accounts, etc.). Joint liabilities with others for which you are “jointly and severally liable,” meaning that you may be liable for either your part or the whole of the obligation, should be included in your calculations at 100% of the amount owed.Example: You owe $15,000 to a bank for student loans, $5,000 for credit card debts, and $60,000 (with spouse) to a savings and loan for a home mortgage. Your home (owned by you and your spouse) is worth $80,000 and your other property is worth $20,000. Since your net worth is $20,000 ($100,000 minus $80,000), you must report only the name and address of the savings and loan.PART F — INTERESTS IN SPECIFIED BUSINESSES[Required by s. 112.3145, F.S.]The types of businesses covered in this disclosure include: state and federally chartered banks; state and federal savings and loan associations; cemetery companies; insurance companies; mortgage companies; credit unions; small loan companies; alcoholic beverage licensees; pari-mutuel wagering companies, utility companies, entities controlled by the Public Service Commission; and entities granted a franchise to operate by either a city or a county government.Disclose in this part the fact that you owned during the disclosure period an interest in, or held any of certain positions with, the types of businesses listed above. You are required to make this disclosure if you own or owned (either directly or indirectly in the form of an equitable or beneficial interest) at any time during the disclosure period more than 5% of the total assets or capital stock of one of the types of business entities listed above. You also must complete this part of the form for each of these types of businesses for which you are, or were at any time during the disclosure period, an officer, director, partner, proprietor, or agent (other than a resident agent solely for service of process).If you have or held such a position or ownership interest in one of these types of businesses, list the name of the business, its address and principal business activity, and the position held with the business (if any). If you own(ed) more than a 5% interest in the business, indicate that fact and describe the nature of your interest.PART G — TRAINING CERTIFICATION[Required by s. 112.3142, F.S.] If you are a Constitutional or elected municipal officer whose service began before March 31 of the year for which you are filing, you are required to complete four hours of ethics training which addresses Article II, Section 8 of the Florida Constitution, the Code of Ethics for Public Officers and Employees, and the public records and open meetings laws of the state. You are required to certify on this form that you have taken such training. (End of Percentage Thresholds Instructions.)NOTICE Annual Statements of Financial Interests are due July 1. If the annual form is not filed or postmarked by September 1, an automatic fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500. Failure to file also can result in removal from public office or employment. [s. 112.3145, F.S.]In addition, failure to make any required disclosure constitutes grounds for and may be punished by one or more of the following: disqualification from being on the ballot, impeachment, removal or suspension from office or employment, demotion, reduction in salary, reprimand, or a civil penalty not exceeding $10,000. [s. 112.317, F.S.]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 judicial nominating commission members; Directors of Enterprise Florida, Scripps Florida Funding Corporation, and Career Source Florida; and members of the Council on the Social Status of Black Men and Boys; the Executive Director, Governors, and senior managers of Citizens Property Insurance Corporation; Governors and senior managers of Florida Workers' Compensation Joint Underwriting Association; board members of the Northeast Fla. Regional Transportation Commission; board members of Triumph Gulf Coast, Inc; board members of Florida Is For Veterans, Inc.; and members of the Technology Advisory Council within the Agency for State Technology.3) The Commissioner of Education, members of the State Board of Education, the Board of Governors, the local Boards of Trustees and Presidents of state universities, and the Florida Prepaid College Board.4) Persons elected to office in any political subdivision (such as municipalities, counties, and special districts) and any person appointed to fill a vacancy in such office, unless required to file Form 6.5) Appointed members of the following boards, councils, commissions, authorities, or other bodies of county, municipality, school district, independent special district, or other political subdivision: the governing body of the subdivision; community college or junior college district boards of trustees; boards having the power to enforce local code provisions; boards of adjustment; community redevelopment agencies; planning or zoning boards having the power to recommend, create, or modify land planning or zoning within a political subdivision, except for citizen advisory committees, technical coordinating committees, and similar groups who only have the power to make recommendations to planning or zoning boards, and except for representatives of a military installation acting on behalf of all military installations within that jurisdiction; pension or retirement boards empowered to invest pension or retirement funds or determine entitlement to or amount of pensions or other retirement benefits, and the Pinellas County Construction Licensing Board.6) Any appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. 7) Persons holding any of these positions in local government: mayor; county or city manager; chief administrative employee or finance director of a county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; appointed district school superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority to make any purchase exceeding $35,000 for the local governmental unit.8) Officers and employees of entities serving as chief administrative officer of a political subdivision.9) Members of governing boards of charter schools operated by a city or other public entity. 10) Employees in the office of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding secretarial, clerical, and similar positions.11) The following positions in each state department, commission, board, or council: Secretary, Assistant or Deputy Secretary, Executive Director, Assistant or Deputy Executive Director, and anyone having the power normally conferred upon such persons, regardless of title.12) The following positions in each state department or division: Director, Assistant or Deputy Director, Bureau Chief, and any person having the power normally conferred upon such persons, regardless of title.13) Assistant State Attorneys, Assistant Public Defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel, Public Counsel, full-time state employees serving as counsel or assistant counsel to a state agency, administrative law judges, and hearing officers.14) The Superintendent or Director of a state mental health institute established for training and research in the mental health field, or any major state institution or facility established for corrections, training, treatment, or rehabilitation.15) State agency Business Managers, Finance and Accounting Directors, Personnel Officers, Grant Coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding $35,000.16) The following positions in legislative branch agencies: each employee (other than those employed in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding officer of their house); and each employee of the Commission on Ethics.INSTRUCTIONS FOR COMPLETING FORM 1:INTRODUCTORY INFORMATION (Top of Form): If your name, mailing address, public agency, and position are already printed on the form, you do not need to provide this information unless it should be changed. To change any of this information, write the correct information on the form, and contact your agency's financial disclosure coordinator. You can find your coordinator on the Commission on Ethics website: www.ethics.state.fl.us. NAME OF AGENCY: The name of the governmental unit which you serve or served, by which you are or were employed, or for which you are a candidate. DISCLOSURE PERIOD: The “disclosure period” for your report is the calendar year ending December 31, 2019.OFFICE OR POSITION HELD OR SOUGHT: The title of the office or position you hold, are seeking, or held during the disclosure period even if you have since left that position. If you are a candidate for office or are a new employee or appointee, check the appropriate box.PUBLIC RECORD: The disclosure form and everything attached to it is a public record. Your Social Security Number is not required and you should redact it from any documents you file. If you are an active or former officer or employee listed in Section 119.071, F.S., whose home address is exempt from disclosure, the Commission will maintain that confidentiality if you submit a written request. WHO MUST FILE FORM 1:CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C. PAGE 6CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C. PAGE 3
PART A — PRIMARY SOURCES OF INCOME[Required by s. 112.3145(3)(b)1, F.S.]Part A is intended to require the disclosure of your principal sources of income during the disclosure period. You do not have to disclose any public salary or public position(s). The income of your spouse need not be disclosed; however, if there is joint income to you and your spouse from property you own jointly (such as interest or dividends from a bank account or stocks), you should disclose the source of that income if it exceeded the threshold. Please list in this part of the form the name, address, and principal business activity of each source of your income which exceeded $2,500 of gross income received by you in your own name or by any other person for your use or benefit."Gross income" means the same as it does for income tax purposes, even if the income is not actually taxable, such as interest on tax-free bonds. Examples include: compensation for services, income from business, gains from property dealings, interest, rents, dividends, pensions, IRA distributions, social security, distributive share of partnership gross income, and alimony, but not child support.Examples:— If you were employed by a company that manufactures computers and received more than $2,500, list the name of the company, its address, and its principal business activity (computer manufacturing).— If you were a partner in a law firm and your distributive share of partnership gross income exceeded $2,500, list the name of the firm, its address, and its principal business activity (practice of law).— If you were the sole proprietor of a retail gift business and your gross income from the business exceeded $2,500, list the name of the business, its address, and its principal business activity (retail gift sales).— If you received income from investments in stocks and bonds, list each individual company from which you derived more than $2,500. Do not aggregate all of your investment income.— If more than $2,500 of your gross income was gain from the sale of property (not just the selling price), list as a source of income the purchaser’s name, address and principal business activity. If the purchaser’s identity is unknown, such as where securities listed on an exchange are sold through a brokerage firm, the source of income should be listed as "sale of (name of company) stock," for example.— If more than $2,500 of your gross income was in the form of interest from one particular financial institution (aggregating interest from all CD’s, accounts, etc., at that institution), list the name of the institution, its address, and its principal business activity.PART B — SECONDARY SOURCES OF INCOME[Required by s. 112.3145(3)(b)2, F.S.]This part is intended to require the disclosure of major customers, clients, and other sources of income to businesses in which you own an interest. It is not for reporting income from second jobs. That kind of income should be reported in Part A "Primary Sources of Income," if it meets the reporting threshold. You will not have anything to report unless, during the disclosure period:(1) You owned (either directly or indirectly in the form of an equitable or beneficial interest) more than 5% of the total assets or capital stock of a business entity (a corporation, partnership, LLC, limited partnership, proprietorship, joint venture, trust, firm, etc., doing business in Florida); and,(2) You received more than $5,000 of your gross income during the disclosure period from that business entity.If your interests and gross income exceeded these thresholds, then for that business entity you must list every source of income to the business entity which exceeded 10% of the business entity’s gross income (computed on the basis of the business entity's most recently completed fiscal year), the source’s address, and the source's principal business activity.Examples:— You are the sole proprietor of a dry cleaning business, from which you received more than $5,000. If only one customer, a uniform rental company, provided more than 10% of your dry cleaning business, you must list the name of the uniform rental company, its address, and its principal business activity (uniform rentals). — You are a 20% partner in a partnership that owns a shopping mall and your partnership income exceeded the above thresholds. List each tenant of the mall that provided more than 10% of the partnership's gross income and the tenant's address and principal business activity.PART C — REAL PROPERTY[Required by s. 112.3145(3)(b)3, F.S.]In this part, list the location or description of all real property in Florida in which you owned directly or indirectly at any time during the disclosure period in excess of 5% of the property’s value. You are not required to list your residences. You should list any vacation homes if you derive income from them.Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you own more than 5% of a partnership or corporation that owns the property. The value of the property may be determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal.The location or description of the property should be sufficient to enable anyone who looks at the form to identify the property. A street address should be used, if one exists. PART D — INTANGIBLE PERSONAL PROPERTY[Required by s. 112.3145(3)(b)3, F.S.]Describe any intangible personal property that, at any time during the disclosure period, was worth more than $10,000 and state the business entity to which the property related. Intangible personal property includes things such as cash on hand, stocks, bonds, certificates of deposit, vehicle leases, interests in businesses, beneficial interests in trusts, money owed you, Deferred Retirement Option Program (DROP) accounts, the Florida Prepaid College Plan, and bank accounts. Intangible personal property also includes investment products held in IRAs, brokerage accounts, and the Florida College Investment Plan. Note that the product contained in a brokerage account, IRA, or the Florida College Investment Plan is your asset—not the account or plan itself. Things like automobiles and houses you own, jewelry, and paintings are not intangible property. Intangibles relating to the same business entity may be aggregated; for example, CDs and savings accounts with the same bank. Property owned as tenants by the entirety or as joint tenants with right of survivorship should be valued at 100%. The value of a leased vehicle is the vehicle’s present value minus the lease residual (a number found on the lease document). PART E — LIABILITIES[Required by s. 112.3145(3)(b)4, F.S.]List the name and address of each creditor to whom you owed more than $10,000 at any time during the disclosure period. The amount of the liability of a vehicle lease is the sum of any past-due payments and all unpaid prospective lease payments. You are not required to list the amount of any debt. You do not have to disclose credit card and retail installment accounts, taxes owed (unless reduced to a judgment), indebtedness on a life insurance policy owed to the company of issuance, or contingent liabilities. A “contingent liability” is one that will become an actual liability only when one or more future events occur or fail to occur, such as where you are liable only as a guarantor, surety, or endorser on a promissory note. If you are a “co-maker” and are jointly liable or jointly and severally liable, then it is not a contingent liability.PART F — INTERESTS IN SPECIFIED BUSINESSES[Required by s. 112.3145(6), F.S.]The types of businesses covered in this disclosure include: state and federally chartered banks; state and federal savings and loan associations; cemetery companies; insurance companies; mortgage companies; credit unions; small loan companies; alcoholic beverage licensees; pari-mutuel wagering companies, utility companies, entities controlled by the Public Service Commission; and entities granted a franchise to operate by either a city or a county government. Disclose in this part the fact that you owned during the disclosure period an interest in, or held any of certain positions with the types of businesses listed above. You must make this disclosure if you own or owned (either directly or indirectly in the form of an equitable or beneficial interest) at any time during the disclosure period more than 5% of the total assets or capital stock of one of the types of business entities listed above. You also must complete this part of the form for each of these types of businesses for which you are, or were at any time during the disclosure period, an officer, director, partner, proprietor, or agent (other than a resident agent solely for service of process). If you have or held such a position or ownership interest in one of these types of businesses, list the name of the business, its address and principal business activity, and the position held with the business (if any). If you own(ed) more than a 5% interest in the business, indicate that fact and describe the nature of your interest. PART G — TRAINING CERTIFICATION[Required by s. 112.3142, F.S.] If you are a Constitutional or elected municipal officer whose service began before March 31 of the year for which you are filing, you are required to complete four hours of ethics training which addresses Article II, Section 8 of the Florida Constitution, the Code of Ethics for Public Officers and Employees, and the public records and open meetings laws of the state. You are required to certify on this form that you have taken such training. (End of Dollar Value Thresholds Instructions.)PART A — PRIMARY SOURCES OF INCOME[Required by s. 112.3145(3)(a)1, F.S.]Part A is intended to require the disclosure of your principal sources of income during the disclosure period. You do not have to disclose any public salary or public position(s), but income from these public sources should be included when calculating your gross income for the disclosure period. The income of your spouse need not be disclosed; however, if there is joint income to you and your spouse from property you own jointly (such as interest or dividends from a bank account or stocks), you should include all of that income when calculating your gross income and disclose the source of that income if it exceeded the threshold.Please list in this part of the form the name, address, and principal business activity of each source of your income which exceeded 5% of the gross income received by you in your own name or by any other person for your benefit or use during the disclosure period."Gross income" means the same as it does for income tax purposes, even if the income is not actually taxable, such as interest on tax-free bonds. Examples include: compensation for services, income from business, gains from property dealings, interest, rents, dividends, pensions, IRA distributions, social security, distributive share of partnership gross income, and alimony, but not child support.Examples:— If you were employed by a company that manufactures computers and received more than 5% of your gross income from the company, list the name of the company, its address, and its principal business activity (computer manufacturing).— If you were a partner in a law firm and your distributive share of partnership gross income exceeded 5% of your gross income, then list the name of the firm, its address, and its principal business activity (practice of law).— If you were the sole proprietor of a retail gift business and your gross income from the business exceeded 5% of your total gross income, list the name of the business, its address, and its principal business activity (retail gift sales).— If you received income from investments in stocks and bonds, list each individual company from which you derived more than 5% of your gross income. Do not aggregate all of your investment income.— If more than 5% of your gross income was gain from the sale of property (not just the selling price), list as a source of income the purchaser’s name, address, and principal business activity. If the purchaser's identity is unknown, such as where securities listed on an exchange are sold through a brokerage firm, the source of income should be listed as "sale of (name of company) stock," for example.— If more than 5% of your gross income was in the form of interest from one particular financial institution (aggregating interest from all CD’s, accounts, etc., at that institution), list the name of the institution, its address, and its principal business activity.PART B — SECONDARY SOURCES OF INCOME[Required by s. 112.3145(3)(a)2, F.S.]This part is intended to require the disclosure of major customers, clients, and other sources of income to businesses in which you own an interest. It is not for reporting income from second jobs. That kind of income should be reported in Part A, "Primary Sources of Income," if it meets the reporting threshold. You will not have anything to report unless during the disclosure period:(1) You owned (either directly or indirectly in the form of an equitable or beneficial interest) more than 5% of the total assets or capital stock of a business entity (a corporation, partnership, LLC, limited partnership, proprietorship, joint venture, trust, firm, etc., doing business in Florida); and,(2) You received more than 10% of your gross income from that business entity; and, (3) You received more than $1,500 in gross income from that business entity.If your interests and gross income exceeded these thresholds, then for that business entity you must list every source of income to the business entity which exceeded 10% of the business entity’s gross income (computed on the basis of the business entity’s most recently completed fiscal year), the source’s address, and the source’s principal business activity.Filers have the option of reporting based on either thresholds that are comparative (usually, based on percentage values) or thresholds that are based on absolute dollar values. The instructions on the following pages specifically describe the different thresholds. Check the box that reflects the choice you have made. You must use the type of threshold you have chosen for each part of the form. In other words, if you choose to report based on absolute dollar value thresholds, you cannot use a percentage threshold on any part of the form.MANNER OF CALCULATING REPORTABLE INTERESTIF YOU HAVE CHOSEN DOLLAR VALUE THRESHOLDSTHE FOLLOWING INSTRUCTIONS APPLYIF YOU HAVE CHOSEN COMPARATIVE (PERCENTAGE) THRESHOLDSTHE FOLLOWING INSTRUCTIONS APPLYCE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C. PAGE 5CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C.. PAGE 4
PART A — PRIMARY SOURCES OF INCOME[Required by s. 112.3145(3)(b)1, F.S.]Part A is intended to require the disclosure of your principal sources of income during the disclosure period. You do not have to disclose any public salary or public position(s). The income of your spouse need not be disclosed; however, if there is joint income to you and your spouse from property you own jointly (such as interest or dividends from a bank account or stocks), you should disclose the source of that income if it exceeded the threshold. Please list in this part of the form the name, address, and principal business activity of each source of your income which exceeded $2,500 of gross income received by you in your own name or by any other person for your use or benefit."Gross income" means the same as it does for income tax purposes, even if the income is not actually taxable, such as interest on tax-free bonds. Examples include: compensation for services, income from business, gains from property dealings, interest, rents, dividends, pensions, IRA distributions, social security, distributive share of partnership gross income, and alimony, but not child support.Examples:— If you were employed by a company that manufactures computers and received more than $2,500, list the name of the company, its address, and its principal business activity (computer manufacturing).— If you were a partner in a law firm and your distributive share of partnership gross income exceeded $2,500, list the name of the firm, its address, and its principal business activity (practice of law).— If you were the sole proprietor of a retail gift business and your gross income from the business exceeded $2,500, list the name of the business, its address, and its principal business activity (retail gift sales).— If you received income from investments in stocks and bonds, list each individual company from which you derived more than $2,500. Do not aggregate all of your investment income.— If more than $2,500 of your gross income was gain from the sale of property (not just the selling price), list as a source of income the purchaser’s name, address and principal business activity. If the purchaser’s identity is unknown, such as where securities listed on an exchange are sold through a brokerage firm, the source of income should be listed as "sale of (name of company) stock," for example.— If more than $2,500 of your gross income was in the form of interest from one particular financial institution (aggregating interest from all CD’s, accounts, etc., at that institution), list the name of the institution, its address, and its principal business activity.PART B — SECONDARY SOURCES OF INCOME[Required by s. 112.3145(3)(b)2, F.S.]This part is intended to require the disclosure of major customers, clients, and other sources of income to businesses in which you own an interest. It is not for reporting income from second jobs. That kind of income should be reported in Part A "Primary Sources of Income," if it meets the reporting threshold. You will not have anything to report unless, during the disclosure period:(1) You owned (either directly or indirectly in the form of an equitable or beneficial interest) more than 5% of the total assets or capital stock of a business entity (a corporation, partnership, LLC, limited partnership, proprietorship, joint venture, trust, firm, etc., doing business in Florida); and,(2) You received more than $5,000 of your gross income during the disclosure period from that business entity.If your interests and gross income exceeded these thresholds, then for that business entity you must list every source of income to the business entity which exceeded 10% of the business entity’s gross income (computed on the basis of the business entity's most recently completed fiscal year), the source’s address, and the source's principal business activity.Examples:— You are the sole proprietor of a dry cleaning business, from which you received more than $5,000. If only one customer, a uniform rental company, provided more than 10% of your dry cleaning business, you must list the name of the uniform rental company, its address, and its principal business activity (uniform rentals). — You are a 20% partner in a partnership that owns a shopping mall and your partnership income exceeded the above thresholds. List each tenant of the mall that provided more than 10% of the partnership's gross income and the tenant's address and principal business activity.PART C — REAL PROPERTY[Required by s. 112.3145(3)(b)3, F.S.]In this part, list the location or description of all real property in Florida in which you owned directly or indirectly at any time during the disclosure period in excess of 5% of the property’s value. You are not required to list your residences. You should list any vacation homes if you derive income from them.Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you own more than 5% of a partnership or corporation that owns the property. The value of the property may be determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal.The location or description of the property should be sufficient to enable anyone who looks at the form to identify the property. A street address should be used, if one exists. PART D — INTANGIBLE PERSONAL PROPERTY[Required by s. 112.3145(3)(b)3, F.S.]Describe any intangible personal property that, at any time during the disclosure period, was worth more than $10,000 and state the business entity to which the property related. Intangible personal property includes things such as cash on hand, stocks, bonds, certificates of deposit, vehicle leases, interests in businesses, beneficial interests in trusts, money owed you, Deferred Retirement Option Program (DROP) accounts, the Florida Prepaid College Plan, and bank accounts. Intangible personal property also includes investment products held in IRAs, brokerage accounts, and the Florida College Investment Plan. Note that the product contained in a brokerage account, IRA, or the Florida College Investment Plan is your asset—not the account or plan itself. Things like automobiles and houses you own, jewelry, and paintings are not intangible property. Intangibles relating to the same business entity may be aggregated; for example, CDs and savings accounts with the same bank. Property owned as tenants by the entirety or as joint tenants with right of survivorship should be valued at 100%. The value of a leased vehicle is the vehicle’s present value minus the lease residual (a number found on the lease document). PART E — LIABILITIES[Required by s. 112.3145(3)(b)4, F.S.]List the name and address of each creditor to whom you owed more than $10,000 at any time during the disclosure period. The amount of the liability of a vehicle lease is the sum of any past-due payments and all unpaid prospective lease payments. You are not required to list the amount of any debt. You do not have to disclose credit card and retail installment accounts, taxes owed (unless reduced to a judgment), indebtedness on a life insurance policy owed to the company of issuance, or contingent liabilities. A “contingent liability” is one that will become an actual liability only when one or more future events occur or fail to occur, such as where you are liable only as a guarantor, surety, or endorser on a promissory note. If you are a “co-maker” and are jointly liable or jointly and severally liable, then it is not a contingent liability.PART F — INTERESTS IN SPECIFIED BUSINESSES[Required by s. 112.3145(6), F.S.]The types of businesses covered in this disclosure include: state and federally chartered banks; state and federal savings and loan associations; cemetery companies; insurance companies; mortgage companies; credit unions; small loan companies; alcoholic beverage licensees; pari-mutuel wagering companies, utility companies, entities controlled by the Public Service Commission; and entities granted a franchise to operate by either a city or a county government. Disclose in this part the fact that you owned during the disclosure period an interest in, or held any of certain positions with the types of businesses listed above. You must make this disclosure if you own or owned (either directly or indirectly in the form of an equitable or beneficial interest) at any time during the disclosure period more than 5% of the total assets or capital stock of one of the types of business entities listed above. You also must complete this part of the form for each of these types of businesses for which you are, or were at any time during the disclosure period, an officer, director, partner, proprietor, or agent (other than a resident agent solely for service of process). If you have or held such a position or ownership interest in one of these types of businesses, list the name of the business, its address and principal business activity, and the position held with the business (if any). If you own(ed) more than a 5% interest in the business, indicate that fact and describe the nature of your interest. PART G — TRAINING CERTIFICATION[Required by s. 112.3142, F.S.] If you are a Constitutional or elected municipal officer whose service began before March 31 of the year for which you are filing, you are required to complete four hours of ethics training which addresses Article II, Section 8 of the Florida Constitution, the Code of Ethics for Public Officers and Employees, and the public records and open meetings laws of the state. You are required to certify on this form that you have taken such training. (End of Dollar Value Thresholds Instructions.)PART A — PRIMARY SOURCES OF INCOME[Required by s. 112.3145(3)(a)1, F.S.]Part A is intended to require the disclosure of your principal sources of income during the disclosure period. You do not have to disclose any public salary or public position(s), but income from these public sources should be included when calculating your gross income for the disclosure period. The income of your spouse need not be disclosed; however, if there is joint income to you and your spouse from property you own jointly (such as interest or dividends from a bank account or stocks), you should include all of that income when calculating your gross income and disclose the source of that income if it exceeded the threshold.Please list in this part of the form the name, address, and principal business activity of each source of your income which exceeded 5% of the gross income received by you in your own name or by any other person for your benefit or use during the disclosure period."Gross income" means the same as it does for income tax purposes, even if the income is not actually taxable, such as interest on tax-free bonds. Examples include: compensation for services, income from business, gains from property dealings, interest, rents, dividends, pensions, IRA distributions, social security, distributive share of partnership gross income, and alimony, but not child support.Examples:— If you were employed by a company that manufactures computers and received more than 5% of your gross income from the company, list the name of the company, its address, and its principal business activity (computer manufacturing).— If you were a partner in a law firm and your distributive share of partnership gross income exceeded 5% of your gross income, then list the name of the firm, its address, and its principal business activity (practice of law).— If you were the sole proprietor of a retail gift business and your gross income from the business exceeded 5% of your total gross income, list the name of the business, its address, and its principal business activity (retail gift sales).— If you received income from investments in stocks and bonds, list each individual company from which you derived more than 5% of your gross income. Do not aggregate all of your investment income.— If more than 5% of your gross income was gain from the sale of property (not just the selling price), list as a source of income the purchaser’s name, address, and principal business activity. If the purchaser's identity is unknown, such as where securities listed on an exchange are sold through a brokerage firm, the source of income should be listed as "sale of (name of company) stock," for example.— If more than 5% of your gross income was in the form of interest from one particular financial institution (aggregating interest from all CD’s, accounts, etc., at that institution), list the name of the institution, its address, and its principal business activity.PART B — SECONDARY SOURCES OF INCOME[Required by s. 112.3145(3)(a)2, F.S.]This part is intended to require the disclosure of major customers, clients, and other sources of income to businesses in which you own an interest. It is not for reporting income from second jobs. That kind of income should be reported in Part A, "Primary Sources of Income," if it meets the reporting threshold. You will not have anything to report unless during the disclosure period:(1) You owned (either directly or indirectly in the form of an equitable or beneficial interest) more than 5% of the total assets or capital stock of a business entity (a corporation, partnership, LLC, limited partnership, proprietorship, joint venture, trust, firm, etc., doing business in Florida); and,(2) You received more than 10% of your gross income from that business entity; and, (3) You received more than $1,500 in gross income from that business entity.If your interests and gross income exceeded these thresholds, then for that business entity you must list every source of income to the business entity which exceeded 10% of the business entity’s gross income (computed on the basis of the business entity’s most recently completed fiscal year), the source’s address, and the source’s principal business activity.Filers have the option of reporting based on either thresholds that are comparative (usually, based on percentage values) or thresholds that are based on absolute dollar values. The instructions on the following pages specifically describe the different thresholds. Check the box that reflects the choice you have made. You must use the type of threshold you have chosen for each part of the form. In other words, if you choose to report based on absolute dollar value thresholds, you cannot use a percentage threshold on any part of the form.MANNER OF CALCULATING REPORTABLE INTERESTIF YOU HAVE CHOSEN DOLLAR VALUE THRESHOLDSTHE FOLLOWING INSTRUCTIONS APPLYIF YOU HAVE CHOSEN COMPARATIVE (PERCENTAGE) THRESHOLDSTHE FOLLOWING INSTRUCTIONS APPLYCE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C. PAGE 5CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C.. PAGE 4
Examples:— You are the sole proprietor of a dry cleaning business, from which you received more than 10% of your gross income—an amount that was more than $1,500. If only one customer, a uniform rental company, provided more than 10% of your dry cleaning business, you must list the name of the uniform rental company, its address, and its principal business activity (uniform rentals). — You are a 20% partner in a partnership that owns a shopping mall and your partnership income exceeded the thresholds listed above. You should list each tenant of the mall that provided more than 10% of the partnership’s gross income, and the tenant’s address and principal business activity.PART C — REAL PROPERTY[Required by s. 112.3145(3)(a)3, F.S.]In this part, list the location or description of all real property in Florida in which you owned directly or indirectly at any time during the disclosure period in excess of 5% of the property’s value. You are not required to list your residences. You should list any vacation homes, if you derive income from them.Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you own more than 5% of a partnership or corporation that owns the property. The value of the property may be determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal.The location or description of the property should be sufficient to enable anyone who looks at the form to identify the property. A street address should be used, if one exists. PART D — INTANGIBLE PERSONAL PROPERTY[Required by s. 112.3145(3)(a)3, F.S.] Describe any intangible personal property that, at any time during the disclosure period, was worth more than 10% of your total assets, and state the business entity to which the property related. Intangible personal property includes things such as cash on hand, stocks, bonds, certificates of deposit, vehicle leases, interests in businesses, beneficial interests in trusts, money owed you, Deferred Retirement Option Program (DROP) accounts, the Florida Prepaid College Plan, and bank accounts. Intangible personal property also includes investment products held in IRAs, brokerage accounts, and the Florida College Investment Plan. Note that the product contained in a brokerage account, IRA, or the Florida College Investment Plan is your asset—not the account or plan itself. Things like automobiles and houses you own, jewelry, and paintings are not intangible property. Intangibles relating to the same business entity may be aggregated; for example, CD’s and savings accounts with the same bank. Calculations: To determine whether the intangible property exceeds 10% of your total assets, total the fair market value of all of your assets (including real property, intangible property, and tangible personal property such as jewelry, furniture, etc.). When making this calculation, do not subtract any liabilities (debts) that may relate to the property. Multiply the total figure by 10% to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount. The value of a leased vehicle is the vehicle’s present value minus the lease residual (a number which can be found on the lease document). Property that is only jointly owned property should be valued according to the percentage of your joint ownership. Property owned as tenants by the entirety or as joint tenants with right of survivorship should be valued at 100%. None of your calculations or the value of the property have to be disclosed on the form. Example: You own 50% of the stock of a small corporation that is worth $100,000, the estimated fair market value of your home and other property (bank accounts, automobile, furniture, etc.) is $200,000. As your total assets are worth $250,000, you must disclose intangibles worth over $25,000. Since the value of the stock exceeds this threshold, you should list “stock” and the name of the corporation. If your accounts with a particular bank exceed $25,000, you should list “bank accounts” and bank’s name.PART E — LIABILITIES[Required by s. 112.3145(3)(b)4, F.S.] List the name and address of each creditor to whom you owed any amount that, at any time during the disclosure period, exceeded your net worth. You are not required to list the amount of any debt or your net worth. You do not have to disclose: credit card and retail installment accounts, taxes owed (unless reduced to a judgment), indebtedness on a life insurance policy owed to the company of issuance, or contingent liabilities. A “contingent liability” is one that will become an actual liability only when one or more future events occur or fail to occur, such as where you are liable only as a guarantor, surety, or endorser on a promissory note. If you are a “co-maker” and are jointly liable or jointly and severally liable, it is not a contingent liability. Calculations: To determine whether the debt exceeds your net worth, total all of your liabilities (including promissory notes, mortgages, credit card debts, judgments against you, etc.). The amount of the liability of a vehicle lease is the sum of any past-due payments and all unpaid prospective lease payments. Subtract the sum total of your liabilities from the value of all your assets as calculated above for Part D. This is your “net worth.” List each creditor to whom your debt exceeded this amount unless it is one of the types of indebtedness listed in the paragraph above (credit card and retail installment accounts, etc.). Joint liabilities with others for which you are “jointly and severally liable,” meaning that you may be liable for either your part or the whole of the obligation, should be included in your calculations at 100% of the amount owed.Example: You owe $15,000 to a bank for student loans, $5,000 for credit card debts, and $60,000 (with spouse) to a savings and loan for a home mortgage. Your home (owned by you and your spouse) is worth $80,000 and your other property is worth $20,000. Since your net worth is $20,000 ($100,000 minus $80,000), you must report only the name and address of the savings and loan.PART F — INTERESTS IN SPECIFIED BUSINESSES[Required by s. 112.3145, F.S.]The types of businesses covered in this disclosure include: state and federally chartered banks; state and federal savings and loan associations; cemetery companies; insurance companies; mortgage companies; credit unions; small loan companies; alcoholic beverage licensees; pari-mutuel wagering companies, utility companies, entities controlled by the Public Service Commission; and entities granted a franchise to operate by either a city or a county government.Disclose in this part the fact that you owned during the disclosure period an interest in, or held any of certain positions with, the types of businesses listed above. You are required to make this disclosure if you own or owned (either directly or indirectly in the form of an equitable or beneficial interest) at any time during the disclosure period more than 5% of the total assets or capital stock of one of the types of business entities listed above. You also must complete this part of the form for each of these types of businesses for which you are, or were at any time during the disclosure period, an officer, director, partner, proprietor, or agent (other than a resident agent solely for service of process).If you have or held such a position or ownership interest in one of these types of businesses, list the name of the business, its address and principal business activity, and the position held with the business (if any). If you own(ed) more than a 5% interest in the business, indicate that fact and describe the nature of your interest.PART G — TRAINING CERTIFICATION[Required by s. 112.3142, F.S.] If you are a Constitutional or elected municipal officer whose service began before March 31 of the year for which you are filing, you are required to complete four hours of ethics training which addresses Article II, Section 8 of the Florida Constitution, the Code of Ethics for Public Officers and Employees, and the public records and open meetings laws of the state. You are required to certify on this form that you have taken such training. (End of Percentage Thresholds Instructions.)NOTICE Annual Statements of Financial Interests are due July 1. If the annual form is not filed or postmarked by September 1, an automatic fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500. Failure to file also can result in removal from public office or employment. [s. 112.3145, F.S.]In addition, failure to make any required disclosure constitutes grounds for and may be punished by one or more of the following: disqualification from being on the ballot, impeachment, removal or suspension from office or employment, demotion, reduction in salary, reprimand, or a civil penalty not exceeding $10,000. [s. 112.317, F.S.]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 judicial nominating commission members; Directors of Enterprise Florida, Scripps Florida Funding Corporation, and Career Source Florida; and members of the Council on the Social Status of Black Men and Boys; the Executive Director, Governors, and senior managers of Citizens Property Insurance Corporation; Governors and senior managers of Florida Workers' Compensation Joint Underwriting Association; board members of the Northeast Fla. Regional Transportation Commission; board members of Triumph Gulf Coast, Inc; board members of Florida Is For Veterans, Inc.; and members of the Technology Advisory Council within the Agency for State Technology.3) The Commissioner of Education, members of the State Board of Education, the Board of Governors, the local Boards of Trustees and Presidents of state universities, and the Florida Prepaid College Board.4) Persons elected to office in any political subdivision (such as municipalities, counties, and special districts) and any person appointed to fill a vacancy in such office, unless required to file Form 6.5) Appointed members of the following boards, councils, commissions, authorities, or other bodies of county, municipality, school district, independent special district, or other political subdivision: the governing body of the subdivision; community college or junior college district boards of trustees; boards having the power to enforce local code provisions; boards of adjustment; community redevelopment agencies; planning or zoning boards having the power to recommend, create, or modify land planning or zoning within a political subdivision, except for citizen advisory committees, technical coordinating committees, and similar groups who only have the power to make recommendations to planning or zoning boards, and except for representatives of a military installation acting on behalf of all military installations within that jurisdiction; pension or retirement boards empowered to invest pension or retirement funds or determine entitlement to or amount of pensions or other retirement benefits, and the Pinellas County Construction Licensing Board.6) Any appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. 7) Persons holding any of these positions in local government: mayor; county or city manager; chief administrative employee or finance director of a county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; appointed district school superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority to make any purchase exceeding $35,000 for the local governmental unit.8) Officers and employees of entities serving as chief administrative officer of a political subdivision.9) Members of governing boards of charter schools operated by a city or other public entity. 10) Employees in the office of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding secretarial, clerical, and similar positions.11) The following positions in each state department, commission, board, or council: Secretary, Assistant or Deputy Secretary, Executive Director, Assistant or Deputy Executive Director, and anyone having the power normally conferred upon such persons, regardless of title.12) The following positions in each state department or division: Director, Assistant or Deputy Director, Bureau Chief, and any person having the power normally conferred upon such persons, regardless of title.13) Assistant State Attorneys, Assistant Public Defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel, Public Counsel, full-time state employees serving as counsel or assistant counsel to a state agency, administrative law judges, and hearing officers.14) The Superintendent or Director of a state mental health institute established for training and research in the mental health field, or any major state institution or facility established for corrections, training, treatment, or rehabilitation.15) State agency Business Managers, Finance and Accounting Directors, Personnel Officers, Grant Coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding $35,000.16) The following positions in legislative branch agencies: each employee (other than those employed in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding officer of their house); and each employee of the Commission on Ethics.INSTRUCTIONS FOR COMPLETING FORM 1:INTRODUCTORY INFORMATION (Top of Form): If your name, mailing address, public agency, and position are already printed on the form, you do not need to provide this information unless it should be changed. To change any of this information, write the correct information on the form, and contact your agency's financial disclosure coordinator. You can find your coordinator on the Commission on Ethics website: www.ethics.state.fl.us. NAME OF AGENCY: The name of the governmental unit which you serve or served, by which you are or were employed, or for which you are a candidate. DISCLOSURE PERIOD: The “disclosure period” for your report is the calendar year ending December 31, 2019.OFFICE OR POSITION HELD OR SOUGHT: The title of the office or position you hold, are seeking, or held during the disclosure period even if you have since left that position. If you are a candidate for office or are a new employee or appointee, check the appropriate box.PUBLIC RECORD: The disclosure form and everything attached to it is a public record. Your Social Security Number is not required and you should redact it from any documents you file. If you are an active or former officer or employee listed in Section 119.071, F.S., whose home address is exempt from disclosure, the Commission will maintain that confidentiality if you submit a written request. WHO MUST FILE FORM 1:CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C. PAGE 6CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C. PAGE 3
CONTRIBUTIONS RETURNED
(Section 106.07(4)(b), F.S.)
(PLEASE TYPE)
OFFICE USE ONLY
This report applies only to contributions received by any candidate, committee, or organization but returned
to the contributor before being deposited in the campaign account.
Candidate Committee or Organization
Full Name:
Full Address:
Full Name and Address of Contributor: Full Name and Address of Contributor:
Amount of Contribution: $ Amount of Contribution: $
Date Received: Date Received:
Date Returned: Date Returned:
Full Name and Address of Contributor: Full Name and Address of Contributor:
Amount of Contribution: $ Amount of Contribution: $
Date Received: Date Received:
Date Returned: Date Returned:
I CERTIFY THAT I HAVE EXAMINED THIS REPORT AND IT IS TRUE, CORRECT AND COMPLETE.
Type or Print Name of Candidate, Treasurer or Chairman
X
Signature
DS-DE 2 (Rev. 07/10)
CAMPAIGN TREASURER'S REPORT SUMMARY
(1) OFFICE USE ONLY
Name
(2)
Address (number and street)
City, State, Zip Code
Check here if address has changed (3) ID Number:
(4) Check appropriate box(es):
Candidate Office Sought:
Political Committee (PC)
Electioneering Communications Org. (ECO) Check here if PC or ECO has disbanded
Party Executive Committee (PTY) Check here if PTY has disbanded
Independent Expenditure (IE) (also covers an Check here if no other IE or EC reports will be filed
individual making electioneering communications)
(5) Report Identifiers
Cover Period: From / / To / / Report Type:
Original Amendment Special Election Report
(6) Contributions This Report (7) Expenditures This Report
Monetary
Expenditures Cash & Checks $ , , . $ , , .
Loans $ , , . Transfers to
Office Account $ , , .
Total Monetary $ , , .
Total Monetary $ , , .
In-Kind $ , , .
(8) Other Distributions
$ , , .
(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date
$ , , . $ , , .
(11) Certification
It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.)
I certify that I have examined this report and it is true, correct, and complete:
(Type name) (Type name)
Individual (only for IE Treasurer Deputy Treasurer Candidate Chairperson (only for PC and PTY)
or electioneering comm.)
X X
Signature Signature
DS-DE 12 (Rev. 11/13) SEE REVERSE FOR INSTRUCTIONS
Instructions for Campaign Treasurer’s Report Summary
(1) Name: full name of the candidate, political committee, party executive committee, electioneering
communications organization, or individual making an independent expenditure or electioneering
communication.
(2) Address: the full address or post office box, city, state, and zip code.
Check the box if the address has changed since the last report filed.
(3) ID Number: identification number assigned by the filing officer.
(4) Check the appropriate box(es).
(5) Report Identifiers
Cover Period: the dates this report covers (i.e., From 1/1/15 To 1/31/55). Important: use the appropriate
cover period dates as published by the filing officer.
Report Type: refer to the filing officer’s calendar of reporting dates for the correct codes to be used for
each reporting period. If report is for a special election add “S” in front of the report code (i.e., SG3).
Check one of the appropriate boxes:
Original: first report filed for this reporting period.
Amendment: must summarize only contributions/fund transfers and expenditures/distributions being
reported as additions or deletions. Read instructions for sequence numbers and amendment types on
the back of Forms DS-DE 13A and 14A.
Special Election Report: Important: once a special election report is filed, the entity is required to file all
remaining reports due for the special election.
(6) Contributions This Report:
Cash and Checks: total amount for this reporting period.
Loans: total amount for this reporting period.
Total Monetary: sum of Cash and Checks and Loans.
In-Kind: the fair market value of the in-kind contribution at the time it is given for this reporting period.
(7) Expenditures This Report:
Monetary Expenditures: total amount of monetary expenditures for this reporting period.
Transfers to Office Account: total amount transferred to an office account by elected candidates only.
Total Monetary: sum of Monetary Expenditures and Transfers to Office Account.
(8) Other Distributions: the total amount of goods and services contributed to a candidate or other
committee by a PC, ECO, or PTY.
(9) TOTAL Monetary Contributions To Date: the amount of total m onetary contributions to date.
Candidates keep cumulative totals from the time the campaign depository is opened through the
termination report.
(10) TOTAL Monetary Expenditures To Date: the amount of total monetary expenditures to date.
Candidates keep cumulative totals from the time the campaign depository is opened through the
termination report.
(11) Type or print the required officer’s name and have them sign the report:
Candidate report: treasurer and candidate must sign.
PC report: treasurer and chairperson must sign.
PTY report: treasurer and chairperson must sign.
ECO report: organization’s treasurer must sign.
IE or EC report: individual must sign (this applies when an individual acts alone to make these
expenditures)
AMENDMENT REPORTS: An amendment report summary should summarize only
contributions, expenditures, distributions, & fund transfers being reported as additions or
deletions. Read the instructions for the sequence number & amendment type fields on
the back of forms DS-DE 13, 14, 14A and 94.
CAMPAIGN TREASURER’S REPORT – ITEMIZED CONTRIBUTIONS
(1) Name (2) I.D. Number
(3) Cover Period / / through / / (4) Page of
(5) (7) (8) (9) (10) (11) (12)
Date Full Name
(6) (Last, Suffix, First, Middle)
Sequence Street Address & Contributor Contribution In-kind
Number City, State, Zip Code Type Occupation Type Description Amendment Amount
/ /
/ /
/ /
/ /
/ /
/ /
/ /
DS-DE 13 (Rev. 11/13) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES
INSTRUCTIONS FOR CAMPAIGN TREASURER’S REPORT – ITEMIZED CONTRIBUTIONS
(1) Candidate’s full name or name of the political committee (PC), electioneering communications organizations
(ECO) or party executive committee (PTY).
(2) The identification number assigned by the filing officer.
(3) Cover period dates (e.g., 1/1/15 through 1/31/15). (See filing officer’s reporting dates calendar for
appropriate year and cover periods.)
(4) Page numbers (e.g., 1 of 3 ).
(5) Date contribution was RECEIVED (Month/Day/Year).
(6) Sequence Number – Each detail line shall have a sequence number assigned to it. Sequence numbers
are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail
line type, and sequence number will combine to uniquely identify a specific contribution, expenditure,
distribution or fund transfer. This method of unique identification is required for responding to requests from
the filing officer and for reporting amendments.
For example, a M1 report having 75 contributions would use sequence numbers 1 through 75. The next
report (M2), comprised of 40 contributions would use sequence numbers 1 through 40. Contributions on
amended M1 reports would begin with sequence number 76 and on amended M2 reports would begin with
sequence number 41. See the Amendment Type instructions below.
(7) Type full name and address of contributor (including city, state and zip code).
(8) Enter the type of contributor using one of the following codes:
Occupation of contributor for contributions over $100 only. (If a business, please indicate nature of
business.)
I Individual
B Business (also includes corporations, organizations, groups, etc.)
E Electioneering Communications Organizations
F Political Committee (federal or state)
(includes federal, state and county executive P Political Parties committees)
O Other (e.g., candidate surplus funds to party, etc.)
S Candidate to Self
(9) Enter Contribution Type using one of the following codes:
NOTE: Cash includes cash and cashier’s checks.
Code Description
CAS Cash or Cashier’s Check
CHE Check
COF Carryover Funds from Previous Campaign
INK In-Kind
INT Interest
LOA Loan
MO Money Order
MUC Multiple Uniform Contributions
RCT Other Receipts
REF Refund (Negative Amount Only)
(10) Typ e the description of any in-kind contribution received.
Candidate’s Only – If in-kind contribution is from a party executive committee and is allocable
toward the contribution limits, type an “A” in this box. If contribution is not allocable, type an “N”.
(11) Amendment Type (required on amended reports) – To add a new (previously unreported) contribution for
the reporting period being amended, enter “ADD” in amendment type on a line with ALL of the required
data.
The sequence number for contributions with amendment type “ADD” will start at one plus the number of
contributions in the original report. For example, amending an original M1 report that had 75 contributions
means the sequence number of the first contribution having amendment type “ADD” will be 76; the second
“ADD” contribution would be 77, etc. When amending an original M2 report that had 40 contributions, the
sixth “ADD” contribution would have sequence number 46.
To correct a previously submitted contribution use the following drop/add procedure. Enter “DEL” in
amendment type on a line with the sequence number of the contribution to be corrected. In combination
with the report number being amended, this sequence number will identify the contribution to be dropped
from your active records. On the next line enter “ADD” in amendment type and ALL of the required data
with the necessary corrections thus replacing the dropped data. Assign the sequence number as described
above.
(12) Type amount of contribution received. Political Committees ONLY: Multiple uniform contributions from the
same person, aggregating NMT $250 per calendar year, collected by an organization that is the affiliated
sponsor of a PC, may be reported by the PC in an aggregate amount listing the number of contributors
together with the amount contributed by each and the total amount contributed during the reporting period.
The identity of each person making such uniform contribution must be reported to the filing officer by July 1
of each calendar year, or, in a general election year, NLT the 60th day immediately preceding the primary
election.
CAMPAIGN TREASURER’S REPORT – FUND TRANSFERS
(1) Name ______________________________________________________
(3) Cover Period ______/______/______ through ______/______/______
(2) I.D. Number _____________________
(4) Page _____________ of ____________
Name of Financial
Institution
Street Address &
City, State, Zip Code
(5)
Date
Transfer
Type Amount
Nature of
Account Amendment
(6)
Sequence
Number
(7) (8) (9) (10) (11)
DS-DE 13A (Rev. 11/13) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES
INSTRUCTIONS FOR CAMPAIGN TREASURER’S REPORT – FUND TRANSFERS
(1) Type candidate’s full name or name of the political committee (PC), electioneering communications
organization (ECO), or party executive committee (PTY).
(2) Type identification number assigned by the filing officer.
(3) Type cover period dates (e.g., 1/1/15 through 1/31/15). (See filing officer’s reporting dates calendar
for appropriate cover periods.)
(4) Type page numbers (e.g., 1 of 3).
(5) Type date of fund transfer (Month/Day/Year).
(6) Sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to
be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and
sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund
transfer. This method of unique identification is required for responding to requests from the filing officer and for
reporting amendments.
For example, a M1 report having 2 fund transfers would use sequence numbers 1 thru 2. The next report (M2),
comprised of 4 fund transfers would use sequence numbers 1 thru 4. Fund transfers on amended M1 reports
would begin with sequence number 3 and on amended M2 reports would begin with sequence number 5. See the
Amendment Type instructions below.
(7) Type full name and address of financial institution (including city, state and zip code).
(8) Enter Transfer Type using one of the following codes:
DESCRIPTION
Transfer FROM identified account to campaign account
Transfer TO identified account from the campaign account
CODE
F
T
(9) Nature of Account (e.g., certificate of deposit, money market, etc...)
(10) Amendment Type (required on amended reports) - To add a new (previously unreported) fund transfer for
the reporting period being amended, enter “ADD” in amendment type on a line with ALL of the required data.
The sequence number for fund transfers with amendment type “ADD” will start at one plus the number of fund
transfers in the original report. For example, amending an original M1 report that had 75 fund transfers, means
the sequence number of the first fund transfer having amendment type “ADD” will be 76; the second “ADD” fund
transfer would be 77, etc. When amending an original M2 report that had 40 fund transfers, the sixth “ADD” fund
transfer would have sequence number 46.
To correct a previously submitted fund transfer use the following drop/add procedure. Enter “DEL” in
amendment type on a line with the sequence number of the fund transfer to be corrected. In combination with
the report number being amended, this sequence number will identify the fund transfer to be dropped from your
active records. On the next line enter “ADD” in amendment type and ALL of the required data with the
necessary corrections thus replacing the dropped data. Assign the sequence number as described above.
(11) Type amount of fund transfer.
CAMPAIGN TREASURER’S REPORT – ITEMIZED EXPENDITURES
DS-DE 14 (Rev. 11/13)
(1) Name ______________________________________________________
(3) Cover Period ______/______/______ through ______/______/______
(2) I.D. Number _____________________
(4) Page ____________ of _____________
Full Name
(Last, Suffix, First, Middle)
Street Address &
City, State, Zip Code
(5)
Date Purpose
(add office sought if
contribution to a
candidate) Amount
SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES
Expenditure
Type Amendment
(6)
Sequence
Number
(7) (8) (9) (10) (11)
INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES
(1) Candidate's full name or name of the political committee (PC), electioneering communications organization (ECO),
or party executive committee (PTY).
(2) Identification number assigned by the filing officer.
(3) Cover period dates (01/01/15 through 01/31/15). (See filing officer’s reporting dates calendar for appropriate cover
periods.)
(4) Page numbers (e.g., 1 of 3).
(5) Date of expenditure (Month/Day/Year).
(6) Sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to be
assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and
sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer.
This method of unique identification is required for responding to requests from the filing officer and for reporting
requirements.
For example, a M1 report having 40 expenditures would use sequence numbers 1 through 40. The next report
(M2), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended M1
reports would begin with sequence number 41 and on amended M2 reports would begin with sequence number 31.
See Amendment Type instructions below.
(7) Full name and address of entity receiving payment (including city, state and zip code).
(8) Purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the candidate).
PLEASE NOTE: This column does not apply to candidate expenditures, as candidates cannot contribute to other
candidates from campaign funds. However, PCs (supporting candidates) and party executive committees
contributing to candidates must report office sought (Section 106.07, F.S.).
(9) Enter Expenditure Type using one of the following codes:
Code Description
CAN Candidate Expense
DIS Disposition of Funds
DFC Disposition of Funds to Future Campaign (effective 11/1/13)
DPP Disposition of Funds to Political Party (effective 11/1/13)
DPV Disposition of Funds to Petition Verification (effective 11/1/13)
ECC Electioneering Communication
IEC Independent Expenditure Regarding a Candidate
IEI Independent Expenditure Regarding an Issue
MON Monetary (Not to a Candidate)
PCW Petty Cash Withdrawn
PCS Petty Cash Spent
PPD Pre-paid Distribution
REF Refund (Negative Amount Only)
RMB Reimbursements
TOA Transfer to Office Account (Disposition of Funds)
(10) Amendment Type (required on amended reports) - To add a new (previously unreported) expenditure for the
reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data.
The sequence number for expenditures with amendment type "ADD" will start at one plus the number of
expenditures in the original report. For example, amending an original M1 reports that had 75 expenditures, means
the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD"
expenditure would have sequence number 39.
To correct a previously submitted expenditure use the following drop/add procedure. Enter "DEL" in amendment
type on a line with the sequence number of the expenditure to be corrected. In combination with the report number
being amended, this sequence number will identify the expenditure to be dropped from your active records. On the
next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing
the dropped data. Assign the sequence number as described above.
(11) Amount of expenditure.
CAMPAIGN TREASURER'S REPORT - ITEMIZED DISTRIBUTIONS
(1) Name (2) I.D. Number
(3) Cover Period / / through / / (4) Page of
(5) (7) (8) (9) (10) (11) (12)
Date Full Name Purpose
(6) (Last, Suffix, First, Middle) (add office sought if
Sequence Street Address & contribution to a Related Distribution
Number City, State, Zip Code candidate) Expenditures Amendment Amount Type
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES DS-DE 14A (Rev. 11/13)
CAMPAIGN TREASURER'S REPORT - ITEMIZED DISTRIBUTIONS
THIS FORM IS USED TO REPORT DISTRIBUTIONS OF GOODS OR SERVICES CONTRIBUTED TO A CANDIDATE
OR COMMITTEE, INDIRECT EXPENDITURES AND REIMBURSEMENTS.
(1) Name of the entity.
(2) Identification number assigned by the filing officer.
(3) Cover period dates (e.g., 03/01/14 through 03/31/14). (See the filing officer’s reporting dates calendar for
appropriate cover periods.)
(4) Page numbers (e.g., 1 of 3).
(5) Date of distribution (Month/Day/Year).
(6) Sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to be
assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and
sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer.
This method of unique identification is required for responding to requests from the filing officer and for reporting
amendments.
For example, a M1 report having 40 distributions would use sequence numbers 1 through 40. The next report
(M2), comprised of 30 distributions would use sequence numbers 1 through 30. Distributions on amended M1
reports would begin with sequence number 41 and on amended M2 reports would begin with sequence number
31. See Amendment Type instructions below.
(7) Full name and address of entity receiving distribution (including city, state and zip code).
(8) Purpose of distribution (if distribution is a contribution to a candidate, also type the office sought by the candidate).
(9) For each distribution that is related to an itemized expenditure previously listed on Itemized Expenditures (Form
DS-DE 14), enter the Year, Report Type and Sequence Number associated with the expenditure.
*PARTY EXECUTIVE COMMITTEES ONLY - If distribution is allocable toward the contribution limits, type
an "A" in this box. If distribution is nonallocable, type and "N".
(10) Amendment Type (required on amended reports) - To add a new (previously unreported) distribution for the
reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data.
The sequence number for distributions with amendment type "ADD" will start at one plus the number of
distributions in the original report. For example, amending and original M1 report that had 75 distributions, means
the sequence number of the first distribution having amendment type "ADD" will be 76; the second "ADD"
distribution would be 77, etc. When amending an original M2 report that had 30 distributions, the ninth "ADD"
distribution would have sequence number 39.
To correct a previously submitted distribution use the following drop/add procedure. Enter "DEL" in amendment
type on a line with the sequence number of the distribution to be corrected. In combination with the report number
being amended, this sequence number will identify the distribution to be dropped from your active records. On the
next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus
replacing the dropped data. Assigns the sequence number as described above.
(11) Amount of distribution.
(12) Distribution Type
Code Description
PPD Pre-paid Distribution
RMB Reimbursements
CCP Credit Card Purchase
INK In-Kind Distribution
This report applies to all candidates ELECTED to office who had loans
exceeding $500 in value, which were accepted and used for campaign
purposes within the 12 months preceding the election. All such loans
must be reported to the filing officer within 10 days after the candidate’s
election to office.
DS-DE 73 (Rev. 08/03)
CAMPAIGN LOANS
REPORT
(Section 106.075, F.S.)
(PLEASE TYPE)
____________________________________________________________________________
Full Name of Newly Elected Official
____________________________________________________________________________
Office
____________________________________________________________________________
Mailing Address
____________________________________________________________________________
City State Zip Code
I CERTIFY THAT I HAVE EXAMINED THIS REPORT
AND IT IS TRUE, CORRECT AND COMPLETE.
__________________________________________________________________________
Type or Print Name of Newly Elected Official
__________________________________________________________________________
Signature
X
OFFICE USE ONLY
DS-DE 73A (Rev. 08/03)
CAMPAIGN LOANS REPORT ITEMIZED
Page _________ of _________
(PLEASE TYPE)
FULL NAME AND ADDRESS OF LENDER:
________________________________________
________________________________________
________________________________________
OCCUPATION: _________________________
AMOUNT OF LOAN: ____________________
DATE RECEIVED: ______________________
FULL NAME AND ADDRESS OF LENDER:
________________________________________
________________________________________
________________________________________
OCCUPATION: _________________________
AMOUNT OF LOAN: ____________________
DATE RECEIVED: ______________________
FULL NAME AND ADDRESS OF LENDER:
________________________________________
________________________________________
________________________________________
OCCUPATION: _________________________
AMOUNT OF LOAN: ____________________
DATE RECEIVED: ______________________
FULL NAME AND ADDRESS OF LENDER:
________________________________________
________________________________________
________________________________________
OCCUPATION: _________________________
AMOUNT OF LOAN: ____________________
DATE RECEIVED: ______________________
FULL NAME AND ADDRESS OF LENDER:
________________________________________
________________________________________
________________________________________
OCCUPATION: _________________________
AMOUNT OF LOAN: ____________________
DATE RECEIVED: ______________________
FULL NAME AND ADDRESS OF LENDER:
________________________________________
________________________________________
________________________________________
OCCUPATION: _________________________
AMOUNT OF LOAN: ____________________
DATE RECEIVED: ______________________
I, ________________________________________________________,
hereby request that the pro rata share of my contribution to the
campaign of _______________________________________ as a
candidate for the office of _____________________________________
be returned to me pursuant to Section 106.021(1)(a), Florida Statutes.
DS-DE 86 (Rev. 09/95)
REQUEST FOR RETURN OF CONTRIBUTION
(Section 106.021, F.S.)
(PLEASE TYPE)
__________________________________
Signature
__________________________________
Street Address
__________________________________
City State Zip Code
X _____________________
Date
WAIVER OF REPORT
(Section 106.07(7), F.S.)
(PLEASE TYPE)
OFFICE USE ONLY
Name Office Sought
Address City State Zip Code
Candidate Political Committee Party Executive Committee
NOTE: This form does not apply to an electioneering communications organization (ECO). An ECO must file a report (not a
waiver) that no reportable contributions or expenditures were made during the reporting period (s. 106.0703(6), F.S.).
Check here if address has changed since last report. Check here if PC has DISBANDED and will no longer file
reports.
TYPE OF REPORT (Check Appropriate Box and Complete Applicable Line beneath Box)
MONTHLY REPORT PRIMARY ELECTION GENERAL ELECTION OTHER REPORT TYPE
Indicate report #
M______
Indicate report #
P______
Indicate report #
G______
Indicate report type and #
as applicable:
_______________
TERMINATION REPORT SPECIAL ELECTION
NOTIFICATION OF NO ACTIVITY IN CAMPAIGN ACCOUNT FOR THE REPORTING PERIOD OF
THROUGH
X
Signature Date
X
Signature Date
REQUIRED SIGNATURES FOR: Candidates:
Candidate and Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.)
Political Committees:
Chairman and Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.)
Party Executive Committees:
Treasurer and Chairman (s. 106.29(2), F.S.)
Except as noted above for an ECO, in any reporting period when there has been no activity in the account (no funds expended or
received) the filing of the required report is waived. However, the filing officer must be notified in writing on the prescribed
reporting date that no report is being filed.
DS-DE 87 (Rev. 06/15)