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The 2oi5 Florida Statutes
Title IX Chapter 99 View Entire Chapter
ELECTORS AND ELECTIONS CANDIDATES
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.
99.0615 Write-in candidate residency requirements.
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 assessment.
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 candidates 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
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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 person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon
qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently
held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and
who has qualified as a candidate for reelection to that office.
(5) 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.
(6) This section does not apply to:
(a) Political party offices.
(b) Persons serving without salary as members of an appointive board or authority.
(7) Nothing contained in subsection (3) relates to persons holding any federal office or seeking the
office of President or Vice President.
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.
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
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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 _tp�a5e or;r,t r,ame as vo� w;sn ;t 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 Constitution of the State of Florida.
(Si�nature of candidate)
(Addressl
Sworn to and subscribed before me this day of , ear , at County, Florida.
(SiQnature and title of officer administerine 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.
(Si�nature of candidate)
(Address)
Sworn to and subscribed before me this day of , ear , at County, Florida.
(Si�nature and title of officer administerinQ 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
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 shatl 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
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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 assessment, 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 71 st 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 71 st 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 contributions and whose only
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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 1 st 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 seekin� 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 candidate's name to be written in must be provided
on the general election ballot. A person may not qualify as a write-in candidate if the person has also
otherwise qualified for nomination or election to such office.
(5) At the time of qualifying for office, each candidate for a constitutional office shall file a full and
public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution, which must be
verified under oath or affirmation pursuant to s. 92.525(1)(a), and a candidate for any other office,
induding 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 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
candidate'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
depository, 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
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all items required 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 qualifying 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.
99.0615 Write-in candidate residency requirements.-At the time of qualification, all write-in
candidates must reside within the district represented by the office sought.
History.-s. 56, ch. 2007-30.
99.063 Candidates for Governor and Lieutenant Governor.-
(1) No later than 5 p.m. of the 9th day following the primary election, each candidate for Governor
shall designate a Lieutenant Governor as a running mate. Such designation must be made in writing to the
Department of State.
(2) No later than 5 p.m. of the 9th day following the primary election, each designated candidate for
Lieutenant 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 interests 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 candidate 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.
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(4) In order to have the name of the candidate for Lieutenant Governor printed on the primary
election ballot, a candidate for Governor participating in the primary must designate the candidate for
Lieutenant Governor, and the designated candidate must qualify no later than the end of the qualifying
period specified in s. 99.061. If the candidate for Lieutenant Governor has not been designated and has
not qualified by the end of the qualifying period specified in s. 99.061, the phrase "Not Yet Designated"
must be included in lieu of the candidate's name on the primary election ballot.
(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.
99.081 United States Senators elected in general 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 representatives 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
Legislature.
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 dupticate 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 Elections
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,
authorized for such office as of July 1 immediately preceding the first day of qualifying. No qualifying fee
shall be returned to the candidate unless the candidate withdraws his or her candidacy before the last
date to qualify. If a candidate dies prior to an election and has not withdrawn his or her candidacy before
the last date to qualify, the candidate's qualifying fee shall be returned to his or her designated
beneficiary, and, if the filing fee or any portion thereof has been transferred to the political party of the
candidate, the Secretary of State shall direct the party to return that portion to the designated beneficiary
of the candidate.
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(2) The supervisor of elections shall, immediately after the last day for qualifying, submit to the
Department 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, 99.0�1.
99.093 Municipal candidates; election assessment.-
(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 dose of qualifying, the
qualifying officer shall forward alt 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 candidate 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 divisian and shatt 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 countjr 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 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
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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 shal( 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
supervisor 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 circumstances 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 position 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 population" 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 apportionment. 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.
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(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 procedures 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 verification 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 contain 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 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 shalt 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, person, or organization, such candidate, person, or organization 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
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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
reimbursed 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 subparagraph (1)(a)2. may be contested in the circuit court
by the candidate; an announced opponent; a representative of a designated political committee; or a
person, party, or other organization submitting the petition. The 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 shatl 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. 7, 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
Department 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
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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 coltected by
the Department of State shall be remitted to the appropriate state executive committee, irrespective of
other requirements of this section, provided such committee is duly organized under the provisions of
chapter 103. The remainder of filing fees or party assessments collected by the Department of State shall
be remitted to the appropriate state executive committees not later than the date of the primary
election.
History.-s. 1, ch. 29935, 1955; s. 24, ch. 57-1; s. 1, ch. 57-62; s. 4, ch. 57-166; s. 1, ch. 69-295; ss. 10, 35, ch. 69-106; s. 11,
ch. 77-175; s. 2, ch. 83-251; s. 4, ch. 91-107; s. 14, ch. 97-13; s. 10, ch. 2005-286.
99.121 Department of State to certify nominations 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.
Copyright O 1995-2015 The Florida Legislature • Privacv Statement • Contact Us
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Select Year: 2015 Go
The 2015 Florida Statutes
Title IX Chapter 101 View Entire Chapter
ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE
CHAPTER101
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 circumstances.
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; payment.
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. 101.292-1Q1.295.
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.
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101.49 Procedure of election officers where signatures differ.
101.51 Electors to occupy booth alone.
101.545 Retention and destruction of certain election 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 Examination and approval of equipment.
101.5606 Requirements for approval of systems.
101.56062 Standards for accessible voting systems.
101.56063 Accessibility of voting systems and polling places; intent; eligibility for federal funding.
101.56064 Application for federal funds under ch. 2002-281.
101.56065 Voting system defects; disclosure; investigations; penalties.
101.5607 Department of State to maintain voting system information; prepare software.
101.56075 Voting methods.
101.5608 Voting by electronic or electromechanical method; procedures.
101.5610 Inspection of ballot by election board.
101.5611 Instructions to etectors.
101.5612 Testing of tabulating equipment.
101.5613 Examination of equipment during voting.
101.5614 Canvass of returns.
101.572 Public inspection of ballots.
101.58 Supervising and observing registration and election processes.
101.591 Voting system audit.
101.5911 Rulemaking authority for voting system audit procedures.
101.595 Analysis and reports of voting problems.
101.6101 Short title.
101.6102 Mail ballot elections; limitations.
101.6103 Mail ballot election procedure.
101.6104 Challenge of votes.
101.6105 Absentee voting.
101.6106 Application of other election laws.
101.6107 Department of State to adopt rules.
101.62 Request for absentee ballots.
101.64 Delivery of absentee ballots; envelopes; form.
101.65 Instructions to absent electors.
101.655 Supervised voting by absent electors in certain facilities.
101.657 Early voting.
101.661 Voting absentee ballots.
101.662 Accessibility of absentee ballots.
101.663 Electors; change of residence to another state.
101.665 Administration of oaths; military personnel, federal employees, and other absentee registrants.
101.67 Safekeeping of mailed ballots; deadline for receiving absentee ballots.
101.68 Canvassing of absentee ballot.
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101.69 Voting in person; return of absentee ballot.
101.6921 Delivery of special absentee ballot to certain first-time voters.
101.6923 Special absentee ballot instructions for certain first-time voters.
101.6925 Canvassing special absentee ballots.
101.694 Mailing of ballots upon receipt of federal postcard application.
101.6951 State write-in ballot.
101.6952 Absentee ballots for absent uniformed services and overseas voters.
101.697 Electronic transmission of election materials.
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 Emergency 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; boundaries.—
(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
corresponding 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 Department of State, associating each census block in the county with its precinct.
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(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 boundary listed below, the boundary listed
below may be used:
1. Governmental unit boundaries reported in the most recent Boundary and Annexation Survey
published by the United States Census Bureau;
2. Visible features that are readily distinguishable upon the ground, such as streets, railroads, tracks,
streams, and takes, 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 municipalities, 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 governing body of the municipality. All
binders, files, and other equipment or materials necessary for the permanent registration system shall be
furnished by the board of county commissioners.
(2) The supervisor of elections shall deliver the records required for a municipal election to the
municipal 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
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software for electronic and electromechanical voting systems. Such rutes 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 adequacy 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
correctness, impartiality, and efficiency of the procedures of voting, induding write-in voting, and of
counting, tabulating, and recording votes by voting systems used in this state.
(4)(a) The Department of State shall adopt rules establishing minimum security standards for voting
systems.
(b) Each supervisor of elections shall establish written procedures to assure accuracy and security in
his or her county, including procedures related to early voting pursuant to s. 101.657. Such procedures
shall be reviewed in each odd-numbered year by the Department of State.
(c) Each supervisor of elections shall submit any revisions to the security procedures to the
Department of State at least 45 days before early voting commences pursuant to s. 101.657 in an election
in which they are to take effect.
(5)(a) The Department of State shall adopt rules which establish standards for provisional approval of
hardware and software for innovative use of electronic and electromechanical voting systems. Such rules
shall contain standards for:
1. Functional requirements;
2. Performance levels;
3. Physical and design characteristics;
4. Documentation requirements;
5. Evaluation criteria;
6. Audit capabilities; and
7. Consideration of prior use of a system.
(b} A voting system shall be provisionally approved for a total of no more than 2 years, and the
Department of State has the authority to revoke such approval. Provisional approval of a system shall not
be granted by the Department of State to supersede certification requirements of this 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 approved system shall be submitted at least 120 days prior
to the intended use by the supervisor of elections or municipal elections official. Such application shall
request 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
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may be entered into.
(e) The use of any provisionally approved system shall be valid for all purposes.
(6) All electronic and electromechanical voting systems 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 subsection (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 systems certification standards to ensure that new 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.
101.017 Bureau of Voting Systems Certification.—There is created a Bureau of Voting Systems
Certification 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 atso 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 following 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.
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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 elections 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 shatl 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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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 Department 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.
(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 determine 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.
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
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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 leQal 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 le�al 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.
(SiQnature of voter whose address of leaal residence has chaneed)
(b) Except for an �'ctive 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
Municipality
County
Florida, Zip
and i further swear (or affirm) that I am otherwise legally registered and entitled to vote.
(Si�nature of voter whose name has chan¢ed)
(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
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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 statewide 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 eligibte to vote at the
precinct in the election but whose eligibility cannot be determined, 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 provisional ballot envelope. A person casting a provisional ballot shatl have the
right to present written evidence supporting his or her eligibility to vote to the supervisor of elections by
not tater 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
Affirmation 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), any other evidence presented by the supervisor of elections,
and, in the case of a challenge, any evidence presented by the challenger. A ballot of a person casting a
provisional ballot shall be counted unless the canvassing board determines by a preponderance of the
evidence that the person was not entitled to vote.
(b)1. 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 shall compare the signature on ttie Provisional
Ballot Voter's Certificate and Affirmation with the signature on the voter's registration and, if it matches,
shall count the ballot.
2. If it is determined that the person voting the provisional ballot was not registered or entitled to
vote at the precinct where the person cast a vote in the election, the provisional ballot shall not be
counted and the ballot shall remain in the envelope containing the Provisional Ballot Voter's Certificate
and Affirmation and the envelope shall be marked "Rejected as Illegal."
(3) The Provisional Ballot Voter's Certificate and Affirmation shall be in substantially the following
form:
STATE OF FLORIDA
COUNTY OF
I do solemnly swear (or affirm) that my name is ; that my date of birth is ; that I am registered and
qualified to vote in County, Florida; that I am registered in the Party; that I am a qualified voter of the
county; and that I have not voted in this election. I understand that if I commit any fraud in connection
with voting, vote a fraudulent ballot, or vote more than once in an election, I can be convicted of a felony
of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years. ,
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(Si�nature of Voter)
(Current Residence Address)
(Current Mailin� Address)
(Citv, State. Zi� Codel
(Driver License Number or Last Four DiQits of Social Securitv Number)
Sworn to and subscribed before me this day of , ear .
(Election Officiaq
Precinct # Ballot Style/Party Issued:
(4) Notwithstanding the requirements of subsections (1), (2}, and (3), the supervisor of elections may,
and for persons with disabilities shall, provide the appropriate provisional ballot to the voter by electronic
means that meet the requirements of s. 101.56062, as provided for by the certified voting system. Each
person casting a provisional ballot by electronic means shall, prior to casting his or her ballot, complete
the Provisional Ballot Voter's Certificate and Affirmation as provided in subsection (3).
(5) Each person casting a provisional ballot shall be given written instructions regarding the person's
right to provide the supervisor of elections with written evidence of his or her eligibility to vote and
regarding the free access system established pursuant to subsection (6). The instructions shall contain
information on how to access the system and the information the voter will need to provide to obtain
information on his or her particular ballot. The instructions shall also include the following statement: "If
this is a primary election, you should contact the supervisor of elections' office immediately to confirm
that you are registered and can vote in the general election."
(6) Each supervisor of elections shall establish a free access system that allows each person who casts
a provisional ballot to determine whether his or her provisional ballot was counted in the final canvass of
votes and, if not, the reasons why. Information regarding provisional ballots shall be available no later
than 30 days following the election. The system established must restrict information regarding an
individual ballot to the person who cast the ballot.
History.—s. 35, ch. 2001-40; s. 6, ch. 2002-17; s. 15, ch. 2003-415; s. 24, ch. 2005-277; s. 32, ch. 2005-278; s. 27, ch.
2007-30.
101.049 Provisional ballots; special circumstances.—
(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 affirmation 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 provisionat 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 determines 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 possession.
(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 pursuant to this section may, and for persons with
disabilities shall, be cast in accordance with the provisions of s. 101.048(4).
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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 provided in s. 775.082 or s. 775.083.
(3) Any elector applying to cast an absentee ballot in the office of the supervisor, in any election, who
requires assistance to vote by reason of blindness, disability, or inability to read or write may request the
assistance of some person of his or her own choice, other than the elector's employer, an agent of the
employer, or an officer or agent of his or her union, in casting his or her absentee ballot.
(4) If an elector needs assistance in voting pursuant to the provisions of this section, the clerk or one
of the inspectors shall require the elector requesting assistance in voting to take the following oath:
DECLARATION TO SECURE ASSISTANCE
State of Florida
County of
Date
Precinct
I, (Print name) , swear or affirm that I am a registered elector and request assistance from (Print names) in
voting at the (name of election) held On _(date of election) .
(Si�nature of voter)
Sworn and subscribed to before me this day of , ear .
(SiQnature of Official Administerina Oath)
(5) If an elector needing assistance requests that a person other than an election official provide him
or her with assistance in voting, the clerk or one of the inspectors shall require the person providing
assistance to take the following oath:
DECLARATION TO PROVIDE ASSISTANCE
State of Florida
County of
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Date
Precinct
I, (Print namel , have been requested by (orint name of etector needina assistance) to provide him or her with
assistance 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 ptace or early voting
site or within 100 feet of such locations in an effort to provide assistance.
(Si�nature of assistorl
Sworn and subscribed to before me this day of , ear .
(Sienature of Official Administerine 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.
Note.—Former s. 100.36.
101.111 Voter challenges.—
(1)(a) Any registered elector or poll watcher of a county may challenge the right of a person to vote in
that county. The challenge must be in writing and contain the following oath, which shall be delivered to
the clerk or inspector:
OATH OF PERSON ENTERING CHALLENGE
State of Florida
County of
I do solemnly swear or affirm that my name is ; that I am a member of the Party; that I am a registered
voter or pollwatcher; that my residence address is , in the municipality of ; and that I have reason to
believe that is attempting to vote illegally and the reasons for my belief are set forth herein to wit:
(Sienature of oerson chalteneine voter)
Sworn and subscribed to before me this day of , ear .
(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
accordance with s. 101.048, except as provided in subparagraph 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
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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 pr.ovisions 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 provided 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 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.
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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 baliots.—
(1)(a) Marksense ballots shall be printed on paper of such thickness that the printing cannot be
distinguished from the back and shall meet the specifications of the voting system that will be used to
tabulate the ballots.
(b) Early voting sites may employ a ballot-on-demand production system to print individual marksense
ballots, including provisional ballots, for eligible electors pursuant to s. 101.657. Ballot-on-demand
technology may be used to produce marksense absentee 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
Governor 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 Commissioners, 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 members.
(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 shali 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
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office, together with an appropriate abbreviation of the party name.
(b) Minor political party candidates shall have their names appear on the general etection 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 singte 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 Governor.
(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 shatl prescribe additional matters and forms that include, without limitation:
1. Clear and unambiguous ballot instructions and directions;
2. Individual race layout; and
3. Overall ballot layout.
(b) The department rules shall graphically depict a sample uniform primary and general election ballot
form for each certified voting system.
History.-s. 35, ch. 4328, 1895; GS 219; s. 1, ch. 5612, 1907; RGS 264; CGL 320; s. 5, ch. 17898, 1937; ss. 2, 3, ch. 25187,
1949; s. 5, ch. 26870, 1951; s. 3, ch. 29937, 1955; s. 1, ch. 57-235; s. 2, ch. 59-334; s. 8, ch. 65-380; s. 1, ch. 65-52; s. 2, ch.
65-60; s. 8, ch. 65-380; s. 4, ch. 67-386; ss. 10, 35, ch. 69-106; s. 8, ch. 69-281; s. 1, ch. 69-380; s. 37, ch. 73-333; s. 1, ch.
77-102; s. 13, ch. 77-175; s. 33, ch. 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.
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 amendment or other public
measure and the ballot title to appear on the ballot shall be embodied in the constitutional revision
commission proposal, constitutional convention proposal, taxation and budget reform commission
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proposal, or enabling resolution or ordinance. The ballot summary of the amendment or other public
measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the
measure. In addition, for every amendment proposed by initiative, the ballot shall include, following the
ballot summary, a separate financial impact statement concerning the measure prepared by the Financial
Impact Estimating Conference in accordance with s. 100.371(5). The ballot title shall consist of a caption,
not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. This
subsection does not apply to constitutional amendments or revisions proposed by joint resolution.
(2) The ballot summary and ballot title of a constitutional amendment proposed by initiative shall be
prepared by the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant
to s. 120.54. The Department of State shall give each proposed constitutional amendment a designating
number for convenient reference. This number designation shall appear on the ballot. Designating numbers
shall be assigned in the order of filing or certification and in accordance with rules adopted by the
Department of State. The Department of State shall furnish the designating number, the ballot title, and,
unless otherwise 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 constitutional 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 onty 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 designating number pursuant to subsection (2) and the
appropriate ballot statement to the supervisor of elections of each county. The ballot statement shall be
printed 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 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 deficiencies identified by the court, and the Department of State shall furnish a
designating number and the revised ballot title or batlot 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 challenges 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
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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
�;rcU;t judicial circuit 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."
(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 countvl 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 countv)
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.
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 ballots.-
(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 officiats so that one
may be given to any elector desiring same.
(2) Upon completion of the list of qualified candidates, a sample ballot shall be published by the
supervisor of elections in a newspaper of general circulation in the county, before the day of election. A
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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 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.
101.21 Official ballots; number; printing; payment.-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 election ballots.-
(1) The supervisor of elections shall print on the general election ballot the names of candidates
nominated 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
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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.
(2) "Voting equipment" means electronic or electromechanical voting systems, voting devices, and
automatic tabulating equipment as defined in s. 101.5603, as well as materials, parts, or other equipment
necessary 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 CATEGORY 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.
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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 bady 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 shatl 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 purchases 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.
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(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 bf 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 supervisor 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 preparatio,n, maintenance, or repair of voting
equipment, may accept employment or any form of consideration 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 official ballots for a precinct are not delivered in
time to be used on election day, or after delivery, are lost, destroyed or stolen, the clerk or other officiats
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(15j; 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.
(SiQnature of voter)
Sworn to and subscribed before me this day of , A. D. ear .
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(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. 9927, 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 electronically or are tabulated on
automatic tabulating equipment 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 Voting Systems Act.-As used in this act, the term:
(1) "Automatic tabulating equipment" includes apparatus 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 containing the names of offices and candidates and the
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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 indudes touchscreen 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, operating systems, compilers, assemblers, utilities,
library routines, maintenance routines, applications, and computer networking programs.
(8} "Voting device" means an apparatus by which votes are registered electronically.
History.—s. 3, ch. 73-156; s. 21, ch. 77-175; s. 8, ch. 84-302; s. 8, ch. 89-348; s. 15, ch. 2001-40.
101.5604 Adoption of system; procurement of equipment; commercial tabulations.—The board
of county commissioners of any county, at any regular meeting or a special meeting called for the purpose,
may, upon consultation with the supervisor of elections, adopt, purchase or otherwise procure, and
provide for the use of any electronic or electromechanical voting system approved by the Department of
State in all or a portion of the election precincts of that county. Thereafter 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 equipment.—
(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 electronic 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.
1Q1.015(1). This testing shatl 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 requirements; and the
equipment reliability estimate. For the purpose of assisting in examining the system, the department shall
employ or contract for services of at least one individual who is expert in one or more fields of data
processing, mechanical engineering, and public 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 department.
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(c) Neither the Secretary of State nor any examiner shall have any pecuniary interest in any voting
equipment.
(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
electromechanical voting system, the Department of State shall make and maintain a report on the
system, together with a written or printed description and drawings and photographs clearly identifying
the 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 app�oval of systems.—No electronic or electromechanical voting
system 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.
(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
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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 re�istered, 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,
accumulating 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 taltying 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 electronicatly, 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) ft 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 systems.—
(1) Notwithstanding anything in this chapter to the contrary, each voting system certified by the
Department of State for use in local, state, and federal elections must indude 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 information, including any audio output using synthetic or
recorded human speech or any auditory feedback tones that are important for the use of the audio
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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 d6 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 us.ed, there must be simultaneous
corresponding 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, pinching, or twisting of the wrist.
(t) The force required to operate or activate the controls must be no greater than 5 pounds of force.
(m) Voting booths must have voting controls at a minimum height of 36 inches above the finished floor
with a minimum knee clearance of 27 inches high, 30 inches wide, and 19 inches deep, or the accessible
voter interface devices must be designed so as to allow their use on top of a table to meet these
requirements. Tabletop installations must include adequate privacy.
(n) Any audio ballot must provide the voter with the following functionalities:
1. After the initial instructions that the system requires election officials to provide to each voter, the
voter should be able to independently operate the voter interface through the final step of casting a ballot
without assistance.
2. The voter must be able to determine the races that he or she is allowed to vote in and to determine
which candidates are available in each race.
3. The voter must be able to determine how many candidates may be selected in each race.
4. The voter must be able to have confidence that the physical or vocal inputs given to the system
have selected the candidates that he or she intended to select.
5. The voter must be able to review the candidate selections that he or she has made.
6. Prior to the act of casting the ballot, the voter must be able to change any selections previously
made and confirm a new selection.
7. The system must communicate to the voter the fact that the voter has failed to vote in a race or
has failed to vote the number of allowable candidates in any race and require the voter to confirm his or
her intent to underoote before casting the ballot.
8. The system must prevent the voter from overvoting 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.
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The functionalities required in this paragraph for certification 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 po(ling 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 electromechanicat 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
expi red.
(2)(a) No later than December 31, 2013, and, thereafter, 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) lmplementation of corrective measures approved 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
constitutes 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
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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
supervisor 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 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 preponderance 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 investigation.
(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
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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 withdrawn 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.
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 software for use with an electronic or electromechanical
voting system. The standards and examination procedures developed for software apply to all software
developed by the Department of State.
(b) Software prepared by the Department of State is a public record pursuant to chapter 119 and shall
be provided at the actual cost of duplication.
History.—s. 7, ch. 73-156; s. 21, ch. 77-175; s. 4, ch. 82-143; s. 11, ch. 84-302; s. 11, ch. 89-348; s. 25, ch. 90-344; s. 21, ch.
95-398; s. 19, ch. 2001-40; s. 32, ch. 2004-335; s. 41, ch. 2005-251.
101.56075 Voting methods.—
(1) F�ccept as provided in subsection (2), all voting shall be by marksense ballot utilizing a marking
device for the purpose of designating ballot selections.
(2) Persons with disabilities may vote on a voter interface device that meets the voting system
accessibility requirements for individuals with disabilities pursuant to s. 301 of the federal Help America
Vote Act of 2002 and s. 101.56062.
(3) By 2020, persons with disabilities shatl vote on a voter interface device that meets the voter
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accessibility requirements for individuals with disabilities under s. 301 of the federal Help America Vote
Act of 2002 and s. 101.56062 which are consistent with subsection (1) of this section.
History.—s. 6, ch. 2007-30; s. 5, ch. 2010-167; s. 33, ch. 2011-40; s. 9, ch. 2013-57.
101.5608 Voting by electronic or electromechanical 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 provided 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 baltot 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 examining 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 provided 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 batlot.
(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 instruction 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.
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Additionally, the supervisor 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 ptace 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 etection 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 systems shall be thoroughly tested at the conclusion of
maintenance and programming. Tests shall be sufficient to determine that the voting system is properly
programmed, 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
ascertain that the equipment will correctly count the votes cast for all offices and on all measures. If the
ballots to be used at the polling place on election day are not available at the time of the testing, the
supervisor may conduct an additional test not more than 10 days before election day. Public notice of the
time and place of the test shall be given at least 48 hours prior thereto by publication on the supervisor of
elections' website and once in one or more newspapers of general circulation in the county or, if there is
no newspaper of general circulation in the county, by posting the notice in at least four conspicuous places
in the county. The supervisor or the municipal elections official may, at the time of qualifying, give
written notice of the time and location of the public preelection test to each candidate qualifying with
that office and obtain a signed receipt that the notice has been given. The Department of State shall give
written notice to each statewide candidate at the time of qualifying, or immediately at the end of
qualifying, 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 elections 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 canvassing 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 systems configured to tabulate absentee 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
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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 canvassing board.
(4}(a)1. For electronic or electromechanical voting systems configured to include electronic or
electromechanical 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. ff 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 subsection, the canvassing board or its representative, the
representatives of the political parties, and the candidates 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 unsatisfactory.
(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
representative to be satisfactory before it may be used in any election. The canvassing board or its
representative shall announce at the close of the first testing the date, place, and time that any
unsatisfactory device will be retested or may, at the option of the board, notify by telephone each person
who was present at the first testing as to the date, place, and time that the retesting will occur.
(e) Records must be kept of all preelection testing of electronic or electromechanical tabulation
devices used in any election. Such records are to be present and available for inspection and reference
during public preelection testing by any person in attendance during such testing. The need of the
canvassing board for access to such records during the testing shall take precedence over the need of
other attendees to access such records so that the work of the canvassing board will not be delayed or
hindered. Records of testing must include, for each device, the name of each person who tested the
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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 technology 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.
101.5613 Examination of equipment during voting.—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 inembers 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 Department of State shall, in accordance with s. 101.015, adopt rules that provide safeguards
for the counting of votes at a precinct and at a central or regional location.
(3) The results of ballots tabulated at precinct locations may be transmitted to the main computer
system for the purpose of compilation of complete returns. The security guidelines for transmission of
returns shall conform to rules adopted by the Department of State pursuant to s. 101.015.
(4) 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
canvassing board.
(5)(a) lf any absentee ballot is physically damaged so that it cannot properly be counted by the
automatic tabulating equipment, a true duplicate copy shall be made of the damaged ballot in the
• presence of witnesses and substituted for the damaged ballot. Likewise, a duplicate ballot shall be made
of an absentee ballot containing an overvoted race or a marked absentee ballot in which every race is
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). 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.
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(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 indude 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.
(6) If there is no clear indication on the ballot that the voter has made a definite choice for an office
or ballot measure, the 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.
(7) Absentee ballots may be counted by automatic tabulating equipment if they have been marked in a
manner which will enable them to be property counted by such equipment.
(8) The return printed by the automatic tabulating equipment, to which has been added the return of
write-in, absentee, and manually counted votes and votes from provisional ballots, shall constitute the
official return of the election upon certification by the canvassing board. Upon completion of the count,
the returns shall be open to the public. A copy of the returns may be posted at the central counting place
or at the office of the supervisor of elections in lieu of the posting of returns at individual precincts.
(9) Any supervisor of elections, deputy supervisor of elections, canvassing board member, election
board member, or election employee who releases the results of any election prior to the closing of the
polls in that county on election day commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History.—s. 14, ch. 73-156; s. 1, ch. 77-174; s. 21, ch. 77-175; s. 14, ch. 81-105; s. 17, ch. 84-302; s. 1, ch. 85-17; s. 5, ch.
86-200; s. 17, ch. 90-315; s. 1, ch. 94-208; ss. 22, 37, ch. 2001-40; ss. 14, 15, ch. 2002-17; s. 38, ch. 2005-277; s. 35, ch.
2011-40; s. 2, ch. 2011-162.
101.572 Public inspection of ballots.—The official ballots and ballot cards received from election
boards and removed from absentee ballot mailing envelopes shall be open for public inspection or
examination while in the custody of the supervisar of elections or the county canvassing board at any
reasonable time, under reasonable conditions; however, 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 representatives, shall be allowed to be present during the inspection or examination.
History.—s. 2, ch. 86-199; s. 583, ch. 95-147; s. 39, ch. 2005-277.
101.58 Supervising and observing registration and election processes.—
(1) The Department of State may, at any time it deems fit; upon the petition of 5 percent of the
registered electors; or upon the petition of any candidate, county executive committee chair, state
committeeman or committeewoman, or state executive committee chair, appoint one or more deputies
whose duties shall be to observe and examine the registration and election processes and the condition,
custody, and operation of voting systems and equipment in any county or municipality. The deputy shall
have access to all registration books and records as well as any other records or procedures relating to the
voting process. The deputy may supervise preparation of the voting equipment and procedures for
election, and it shall be unlawful for any person to obstruct the deputy in the performance of his or her
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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 Department 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, absentee, early voting,
provisional, and overseas ballots, in at least 1 percent but no more than 2 percent of the precincts chosen
at random by the county canvassing board or the local board responsibte 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 meeting.
(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, absentee, 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.
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(c) The likely cause of such problems or discrepancies.
(d) Recommended corrective action with respect to avoiding or mitigating such circumstances in future
etections.
(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.
101.5911 Rulemaking authority for voting system audit procedures.—Effective upon this act
becoming a law, the Department of State shall adopt rules to implement the provisions of s. 101.591, as
amended by s. 8, chapter 2007-30, Laws of Florida, which prescribe detailed audit procedures for each
voting system, which shall be uniform to the extent practicable, along with the standard form for audit
reports.
History.—s. 9, ch. 2007-30.
101.595 Analysis and reports of voting problems.—
(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 problems; 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; (imitations.—
(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
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written timetable for the conduct of the election, submitted 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 detivered 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 Namel , 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.
(SiQnature)
(Residence Addressl
(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
etection. The supervisor of elections shall keep a record of each replacement ballot provided under this
subsection.
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(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
canvassing board shall determine which ballot, if any, is to be counted.
(6} The canvassing board may begin the canvassing of mail ballots at 7 a.m. on the sixth day before the
election, including processing the ballots through the tabulating equipment. However, results may not be
released until after 7 p.m. on election day. Any canvassing board member or election employee who
releases any result before 7 p.m. on election day commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(7) With respect to absent electors overseas entitled to vote in the election, the supervisor of
elections shall mail an official ballot with a secrecy envelope, a return mailing envelope, and instructions
sufficient to describe the voting process to each such elector on a date sufficient to allow such elector
time to vote in the election and to have his or her marked ballot reach the supervisor by 7 p.m. on the day
of the election.
(8) A ballot that otherwise satisfies the requirements of subsection (5) shall be counted even if the
elector dies after mailing the ballot but before election day, as long as, prior to the death of the voter,
the ballot was:
(a) Postmarked by the United States Postal Service;
(b) Date-stamped with a verifiable tracking number by common carrier; or
(c) Already in the possession of the supervisor of elections.
History.—s. 1, ch. 87-364; s. 585, ch. 95-147; s. 42, ch. 2005-277; s. 29, ch. 2007-30.
101.6104 Challenge of votes.— If any elector present 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 Absentee voting.—The provisions of the election code relating to absentee voting and
absentee ballots shall apply to elections under ss. 101.6101-101.6107 only insofar as they do not conflict
with the provisions of ss. 101.6101-101.6107.
History.—s. 1, ch. 87-364.
101.6106 Application of other election laws.—All laws that are applicable to general elections are
applicable to mail ballot elections to the extent applicable.
History.—s. 1. ch. 87-364.
101.6107 Department of State to adopt rules.—The Department of State shall adopt rules
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governing the procedures and forms necessary to implement ss. 101.6101-101.6107.
History.—s. 1, ch. 87-364.
101.62 Request for absentee ballots.—
(1)(a) The supervisor shall accept a request for an absentee ballot from an elector in person or in
writing. One request shall be deemed sufficient to receive an absentee ballot for all elections through the
end of the calendar year of the second ensuing regutarty scheduled general election, unless the elector or
the elector's designee indicates at the time the request is made the elections for which the elector desires
to receive an absentee ballot. Such request may be considered canceled when any first-class mail sent by
the supervisor to the elector is returned as undetiverable.
(b) The supervisor may accept a written or telephonic request for an absentee 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 an absentee ballot is not required to submit a
signed, written request for an absentee 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.
6. The requester's driver license number, if available.
7. The requester's relationship to the elector.
$. The requester's signature (written requests only).
(c) Upon receiving a request for an absentee ballot from an absent voter, the supervisor of elections
shall notify the voter of the free access system that has been designated by the department for
determining the status of his or her absentee ballot.
(2) A request for an absentee ballot to be mailed to a voter must be received no later than 5 p.m. on
the sixth day before the election by the supervisor of elections. The supervisor of elections shall mail
absentee ballots to voters requesting ballots by such deadline no later than 4 days before the election.
(3) For each request for an absentee ballot received, the supervisor shall record the date the request
was made, the date the absentee ballot was delivered to the voter or the voter's designee or the date the
absentee ballot was delivered to the post office or other carrier, the date the ballot was received by the
supervisor, 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 information 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
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political committees for political purpases 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 an absentee ballot as provided in subparagraph
(c)2. to each absent uniformed services voter and to each overseas voter who has requested an absentee
ballot.
(b) The supervisor of elections shall mail an absentee ballot to each absent qualified voter, other than
those listed in paragraph (a), who has requested such a ballot, between the 35th and 28th 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
absentee ballots within 2 business days after receiving a request for such a ballot.
(c) The supervisor shall provide an absentee ballot to each elector by whom a request for that ballot
has been made by one of the following means:
1. By nonforwardable, return-if-undeliverable mail to the elector's current mailing address on file with
the supervisor or any other address the elector specifies in the request.
2. By forwardable mail, e-mail, or facsimile machine transmission to absent uniformed services voters
and overseas voters. The absent uniformed services voter or overseas voter may designate in the absentee
ballot request the preferred method of transmission. If the voter does not designate the method of
transmission, the absentee ballot shall be mailed.
3. By personal delivery before 7 p.m. on election day to the elector, upon presentation of the
identification required in s. 101.043.
4. By delivery to a designee on election day or up to 5 days prior to the day of an election. Any elector
may designate in writing a person to pick up the ballot for the elector; however, the person designated
may not pick up more than two absentee ballots per election, other 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, "immediate 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 supervisor 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 an absentee 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 an absentee ballot is
delivered, the elector or his or her designee shall execute an affidavit affirming to the facts which allow
for delivery of the absentee 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) Nothing other than the materials necessary to vote absentee shall be mailed or delivered with any
absentee ballot.
History.—s. 2, ch. 7380, 1917; RGS 369; CGL 430; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 32, ch. 28156, 1953; s. 21,
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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.
Note.-Former s. 101.02.
101.64 Delivery of absentee ballots; envelopes; form.-
(1) The supervisor shall enclose with each absentee ballot two envelopes: a secrecy envelope, into
which the absent elector shall enclose his or her marked ballot; and a mailing envelope, into which the
absent elector shall then place the secrecy envelope, which shall be addressed to the supervisor and also
bear on the back side a certificate in substantially the following form:
Note: Please Read Instructions Carefully Before
Marking Batlot 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 fetony 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 Si�naturel
(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
standard oath prescribed by the presidential designee.
(4) The supervisor shall mark, code, indicate on, or otherwise track the precinct of the absent elector
for each absentee ballot.
History.-s. 4, ch. 7380, 1917; RGS 371; CGL 432; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 34, ch. 2815b, 1953; s. 22,
ch. 29934, 1955; s. 1, ch. 61-369; s. 33, ch. 65-380; s. 3, ch. 69-136; s. 5, ch. 69-280; s. 21, ch. 71-355; s. 1, ch. 73-105; s. 6, ch.
73-157; s. 39, ch. 73-333; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 4, ch. 79-365; s. 1, ch. 81-106; s. 9, ch. 81-304; s. 10, ch. 82-143;
s. 2, ch. 85-226; s. 1, ch. 86-33; s. 19, ch. 90-315; s. 588, ch. 95-147; s. 4, ch. 96-57; s. 14, ch. 98-129; s. 53, ch. 2001-40; s. 19,
ch. 2003-415; s. 1, ch. 2004-232; s. 44, ch. 2005-277; s. 38, ch. 2005-278.
Note.-Former s. 101.04.
101.65 Instructions to absent electors.-The supervisor shall enclose with each absentee ballot
separate printed instructions in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY
BEFORE MARKING BALLOT.
1. VERY IMPORTANT. In order to ensure that your absentee ballot will be counted, it should be
completed and returned as soon as possible so that it can reach the supervisor of elections of the county in
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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 absentee
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 candidate, your vote in that race will
not be counted.
4. Place your marked ballot in the enclosed secrecy envelope.
5. Insert the secrecy envelope into the enclosed mailing envelope which is addressed to the supervisor.
6. Seal the mailing envelope and completely fill out the Voter's Certificate on the back of the mailing
envelope.
7. VERY IMPORTANT. In order for your absentee ballot to be counted, you must sign your name on the
line above (Voter's Signature). An absentee 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
start of the canvass of the absentee 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 no later than the
start of the canvassing of absentee ballots, which occurs no earlier than the 15th day before election day.
8. VERY IMPORTANT. If you are an overseas voter, you must include the date you signed the Voter's
Certificate on the line above (Date) or your ballot may not be counted.
9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage
if mailed.
10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in
exchange 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.
Note.-Former s. 101.05.
101.655 Supervised voting by absent electors in certain facilities.-
(1) The supervisor of elections of a county shall provide supervised voting for absent electors residing
in any assisted living facility, as defined in s. 429.02, or nursing home facility, as defined in s. 400.021,
within that county at the request of any administrator of such a facility. Such request for supervised voting
in the facility shall be made by submitting a written request to the supervisor of elections no later than 21
days prior to the election for which that request is submitted. The request shall specify the name and
address of the facility and the name of the electors who wish to vote absentee in that election. If the
request contains the names of fewer than five voters, the supervisor of elections is not required to provide
supervised voting.
(2) The supervisor of elections may, in the absence of a request from the administrator of a facility,
provide for supervised voting in the facility for those persons who have requested absentee ballots. The
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supervisor of elections shall notify the administrator of the facility that supervised voting will occur.
(3) The supervisor of elections shall, in cooperation with the administrator of the facility, select a date
and time when the supervised voting will occur.
(4) The supervisor of elections shall designate supervised voting teams to provide the services
prescribed 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.
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 etection. The supervisor may also designate any city hall, permanent public
library facility, fairground, civic center, courthouse, county commission building, stadium, 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. In addition, a supervisor may
designate one earty 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. 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
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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 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 of elections shall make available the total number
of voters casting a ballot at each early voting location during the previous day. Each supervisor shall
prepare an etectronic 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 information 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 SiQnature)
(Addressl
_(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
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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.
101.661 Voting absentee ballots.—All electors must personally mark or designate their choices on
the absentee ballot, except:
(1) Electors who require assistance to vote because of blindness, disability, or inability to read or
write, who may have some person of the elector's choice, other than the elector's employer, an agent of
the employer, or an officer or agent of the elector's union, mark the elector's choices or assist the elector
in marking his or her choices on the ballot.
(2) As otherwise provided in s. 101.051 or s. 101.655.
History.—s. 18, ch. 98-129.
101.662 Accessibility of absentee ballots.—It is the intent of the Legislature that voting by
absentee ballot be by methods that are fully accessible to all voters, including voters having a disability.
The Department of State shall work with the supervisors of elections and the disability community to
develop and implement procedures and technologies, as possible, which will include procedures for
providing absentee ballots, upon request, in alternative formats that will allow alt voters to cast a secret,
independent, and verifiable absentee ballot without the assistance of another person.
History.—s. 14, ch. 2002-281.
101.663 Electors; change of residence to another state.—An elector registered in this state who
moves his or her permanent residence to another state after the registration books in that state have
closed shall be permitted to vote absentee in the county of his or her former residence for the offices of
President and Vice President of the United States.
History.—s. 1, ch. 69-136; s. 11, ch. 69-280; s. 4, ch. 73-157; s. 31, ch. 73-333; s. 3, ch. 77-175; s. 1, ch. 79-365; s. 22, ch.
94-224; s. 1392, ch. 95-147; s. 46, ch. 2005-277; s. 40, ch. 2005-278.
Note.—Former s. 97.102.
101.665 Administration of oaths; military personnel, federal employees, and other absentee
registrants.—For the purposes of this code, oaths may be administered and attested by any commissioned
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
designated 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.
101.67 Safekeeping of mailed ballots; deadline for receiving absentee ballots.—
(1) The supervisor of elections shall safely keep in his or her office any envelopes received containing
marked ballots of absent electors, and he or she shall, before the canvassing of the election returns,
deliver the envelopes to the county canvassing board along with his or her file or list kept regarding said
ballots.
(2) 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.
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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.
Note.—Former s. 101.07.
101.68 Canvassing of absentee bal(ot.—
(1) The supervisor of the county where the absent elector resides shatl 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. However, effective July 1, 2005, an elector who dies after casting an absentee ballot but on or
before election day shall remain listed in the registration books until the results have been certified for
the election in which the ballot was cast. The supervisor shall safely keep the ballot unopened in his or her
office until the county canvassing board canvasses the vote. Except as provided in subsection (4), after an
absentee ballot is received by the supervisor, the baltot is deemed to have been cast, and changes or
additions may not be made to the voter's certificate.
(2)(a) The county canvassing board may begin the canvassing of absentee ballots at 7 a.m. on the 15th
day before the election, but not later than noon on the day following the election. In addition, for any
county using electronic tabulating equipment, the processing of absentee ballots through such tabulating
equipment may begin at 7 a.m. on the 15th day before the election. However, notwithstanding any such
authorization to begin canvassing or otherwise processing absentee ballots early, no result shall be
released until after the closing of the polls in that county on election day. Any supervisor of elections,
deputy supervisor of elections, canvassing board member, election board member, or election employee
who releases the results of a canvassing or processing of absentee ballots prior to the closing of the polls in
that county on election day commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) To ensure that all absentee ballots to be counted by the canvassing board are accounted for, the
canvassing board shall compare the number of ballots in its possession with the number of requests for
ballots received to be counted according to the supervisor's file or list.
(c)1. The canvassing board shall, if the supervisor has not already done so, compare the signature of
the elector on the voter's certificate or on the absentee ballot 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 absentee ballot. The ballot of an elector
who casts an absentee ballot shall be counted even if the elector dies on or before election day, as long
as, prior to the death of the voter, the ballot was postmarked by the United States Postal Service,
date-stamped with a verifiable tracking number by common carrier, or already in the possession of the
supervisor of elections. An absentee ballot shall be considered illegal if the voter's certificate or absentee
ballot affidavit does not include the signature of the elector, as shown by the registration records or the
precinct register. However, an absentee ballot is not considered illegal if the signature of the elector does
not cross the seal of the mailing envelope. If the canvassing board determines that any ballot is illegal, a
member of the board shall, without opening the envelope, mark across the face of the envelope:
"rejected as illegal." The absentee ballot affidavit, if applicabte, the envelope, and the ballot contained
therein shall be preserved in the manner that official ballots voted are preserved.
2. If any elector or candidate present believes that an absentee ballot is illegal due to a defect
apparent on the voter's certificate or the absentee ballot 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
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ballot, specifyin� 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 absentee ballot affidavit may not be accepted
after the ballot has been removed from the mailing envelope.
(d) The canvassing board shall record the ballot upon the proper record, unless the ballot has been
previously recorded by the supervisor. The mailing envelopes shall be opened and the secrecy envelopes
shall be mixed so as to make it impossible to determine which secrecy envelope came out of which signed
mailing envelope; however, in any county in which an electronic or electromechanical voting system is
used, the ballots may be sorted by ballot styles and the mailing envelopes may be opened and the secrecy
envelopes mixed separately for each ballot style. The votes on absentee ballots shall be included in the
total vote of the county.
(3) The supervisor or the chair of the county canvassing board shall, after the board convenes, have
custody of the absentee ballots until a final proclamation is made as to the total vote received by each
candidate.
(4)(a) The supervisor of elections shall, on behalf of the county canvassing board, notify each elector
whose ballot was rejected as illegal and provide the specific reason the ballot was rejected. The
supervisor shall mail a voter registration application to the elector to be completed indicating the
elector's current signature if the elector's ballot was rejected due to a difference between the elector's
signature on the voter's certificate or absentee ballot affidavit and the elector's signature in the
registration books or precinct register. This section does not prohibit the supervisor from providing
additional methods for updating an elector's signature.
(b) Until 5 p.m. on the day before an election, the supervisor shall allow an elector who has returned
an absentee ballot that does not include the elector's signature to complete and submit an affidavit in
order to cure the unsigned absentee ballot.
(c) The elector shall provide identification to the supervisor and must complete an absentee ballot
affidavit in substantially the following form:
ABSENTEE BALLOT 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 absentee 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 absentee ballot will be invalidated.
(Voter's SiQnature)
(Address)
(d) Instructions must accompany the absentee ballot affidavit in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE AFFIDAVIT. FAILURE TO FOLLOW THESE
INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your absentee 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 before 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:
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a. Identification that includes your name and photograph: United States passport; debit or credit card;
military identification; student identification; retirement center identification; neighborhood association
identification; or public assistance identification; or
b. Identification that shows your name and current residence address: current utility bitl, bank
statement, government check, paycheck, or government document (excluding voter identification 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, deliver, or have delivered the completed
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.
5. Alternatively, you may fax or e-mail your completed 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; 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 received to the appropriate absentee ballot mailing
envelope.
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.
101.69 Voting in person; return of absentee ballot.-The provisions of this code shall not be
construed to prohibit any elector from voting in person at the elector's precinct on the day of an election
or at an early voting site, notwithstandin� that the elector has requested an absentee ballot for that
election. An elector who has returned a voted absentee ballot to the supervisor, however, is deemed to
have cast his or her ballot and is not entitled to vote another ballot or to have a provisional ballot counted
by the county canvassing board. An elector who has received an absentee ballot and has not returned the
voted ballot to the supervisor, but desires to vote in person, shall return the ballot, whether voted or not,
to the election board in the elector's precinct or to an early voting site. The returned ballot shall be
marked "canceled" by the board and placed with other canceled ballots. However, if the elector does not
return the ballot and the election official:
(1) Confirms that the supervisor has received the elector's absentee ballot, the elector shall not be
allowed to vote in person. If the elector maintains that he or she has not returned the absentee ballot or
remains eligible to vote, the elector shall be provided a provisional ballot as provided in s. 101.048.
(2) Confirms that the supervisor has not received the elector's absentee ballot, the elector shall be
allowed to vote in person as provided in this code. The elector's absentee ballot, if subsequently received,
shall not be counted and shall remain in the mailing envelope, and the envelope shall be marked
"Rejected as Illegal."
(3) Cannot determine whether the supervisor has received the elector's absentee ballot, the elector
may vote a provisional ballot as provided in s. 101.048.
History.-s. 1, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 37, ch. 65-380; s. 23, ch. 77-175; s. 592, ch.
95-147; s. 8, ch. 96-57; s. 38, ch. 2001-40; s. 18, ch. 2002-17; s. 48, ch. 2005-277.
Note.-Former s. 101.11.
101.6921 Delivery of special absentee ballot to certain first-time voters.-
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(1) The provisions of this section apply to voters who are subject to the provisions of s. 97.0535 and
who have not provided the identification or certification required by s. 97.0535 by the time the absentee
ballot is mailed.
(2) The supervisor shall enclose with each absentee ballot three envelopes: a secrecy envelope, into
which the absent elector will enclose his or her marked ballot; an envelope containing the Voter's
Certificate, into which the absent elector shall place the secrecy envelope; and a mailing envelope, which �
shall be addressed to the supervisor and into which the absent elector will place the envelope containing
the Voter's Certificate and a copy of the required identification.
(3) The Voter's Certificate shall be in substantially the following form:
Note: Please Read Instructions Carefully Befare Marking Ballot and Compteting 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 l meet one of the exemptions below, f 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 requirements 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 Sianature
(4) The certificate shall be arranged on the back of the envelope so that the line for the signature of
the absent elector is across the seal of the envelope.
History.—s. 22, ch. 2003-415; s. 4, ch. 2004-232; s. 41, ch. 2005-278.
101.6923 Special absentee ballot instructions for certain first-time voters.—
(1) The provisions of this section apply to voters who are subject to the provisions of s. 97.0535 and
who have not provided the identification or information required by s. 97.0535 by the time the absentee
ballot is mailed.
(2) A voter covered by this section shall be provided with printed instructions with his or her absentee
ballot in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE
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INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your absentee ballot will be counted, it should be completed and returned as
soon as possible so that it can reach the supervisor of elections of the county in which your precinct is
located no later than 7 p.m. on the date of the election. However, if you are an overseas voter casting a
ballot in a presidential preference primary or general election, your absentee 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. An absentee 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
absentee 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 no later than the start of canvassing of
absentee ballots, which occurs no earlier than the 15th day before election day.
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 identification; or public assistance identification; or
b. Identification which shows your name and current residence address: current utility bill, bank
statement, government check, paycheck, or government document (excluding voter identification card).
7. The identification requirements of Item 6. do not apply if you meet one of the following
requirements:
a. You are 65 years of age or older.
b. You have a temporary or permanent physical disability.
c. You are a member of a uniformed service on active duty who, by reason of such active duty, will be
absent from the county on election day.
d. You are a member of the Merchant Marine who, by reason of service in the Merchant Marine, will be
absent from the county on election day.
e. You are the spouse or dependent of a member referred to in paragraph c. or paragraph d. who, by
reason of the active duty or service of the member, will be absent from the county on election day.
f. You are currently residing outside the United States.
8. Place the envetope 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
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INSIDE THE SECRECY ENVELOPE WITH THE BALLOT 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.
101.6925 Canvassing special absentee ballots.—
(1) The supervisor of the county where the absent elector resides shall receive the voted special
absentee ballot, at which time the mailing envelope shall be opened to determine if the voter has
enclosed the identification required or has indicated on the Voter's Certificate that he or she is exempt
from the identification requirements.
(2) If the identification is enclosed or the voter has indicated that he or she is exempt from the
identification requirements, the supervisor shall make the note on the registration records of the voter
and proceed to canvass the absentee ballot as provided in s. 101.68.
(3) If the identification is not enclosed in the mailing envelope and the voter has not indicated that he
or she is exempt from the identification requirements, the supervisor shall check the voter registration
records to determine if the voter's identification was previously received or the voter had previously
notified the supervisor 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.
101.694 Mailing of ballots upon receipt of federal postcard application.—
(1) Upon receipt of a federal postcard application for an absentee ballot executed by a person whose
registration is in order or whose application is sufficient to register or update the registration of that
person, the supervisor shall send the ballot in accordance with s. 101.62(4).
(2) Upon receipt of a federal postcard application for an absentee ballot executed by a person whose
registration is not in order and whose application is insufficient to register or update the registration of
that person, the supervisor shall follow the procedure set forth in s. 97.073.
(3) Absentee envelopes printed for voters entitled to vote absentee under the Uniformed and Overseas
Citizens Absentee Voting Act shall meet the specifications as determined by the Federal Voting Assistance
Program of the United States Department of Defense and the United States Postal Service.
(4) Cognizance shall be taken of the fact that absentee ballots and other materials such as 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 absentee voters.
History.—s. 5, ch. 29904, 1955; ss. 4, 5, ch. 59-217; s. 41, ch. 65-380; s. 12, ch. 69-280; s. 23, ch. 77-175; s. 20, ch. 81-304; s.
37, ch. 94-224; s. 9, ch. 96-57; s. 25, ch. 2003-415; s. 50, ch. 2005-277; s. 8, ch. 2010-167.
101.6951 State write-in ballot.—
(1) An overseas voter may request, not earlier than 180 days before a general election, a state write-in
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absentee ballot from the supervisor of elections in the county of registration. In order to receive a state
write-in ballot, the voter shall state that due to military or other contingencies that preclude normal mail
delivery, the voter cannot vote an absentee ballot during the normal absentee voting period. State
write-in absentee ballots shall be made available to voters 90 to 180 days prior to a general election. The
Department of State shall prescribe by rule the form of the state write-in ballot.
(2) In completing the ballot, the overseas voter may designate his or her choice by writing in the name
of the candidate or by writing in the name of a political party, in which case the ballot must be counted
for the candidate of that political party, if there is such a party candidate on the ballot.
(3) Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a
political party must be disregarded in determining the validity of the ballot if there is a clear indication on
the ballot that the voter has made a definite choice.
(4) The state write-in ballot shall contain all offices, federal, state, and local, for which the voter
would otherwise be entitled to vote.
History.—s. 48, ch. 2001-40.
101.6952 Absentee ballots for absent uniformed services and overseas voters.—
(1) If an absent uniformed services voter's or an overseas voter's request for an official absentee
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 absentee ballot record;
(b} Confirm by e-mail that the absentee ballot request was received and include in that e-mail the
estimated date the absentee ballot will be sent to the voter; and
(c) Notify the voter by e-mail when the voted absentee ballot is received by the supervisor of
elections.
(2)(a) An absent uniformed services voter or an overseas voter who makes timely application for but
does not receive an official absentee 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 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/Lieutenant 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
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when a candidate in the election is affiliated with a political party whose name includes the word
"Independent," "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 absentee ballot may submit the official absentee ballot. An elector
who submits a federal write-in absentee ballot and later receives and submits an official absentee 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(5) and 101.68, unless the elector's official absentee 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(5) and 101.68, unless the overseas voter's official absentee ballot is received by 10 days
after the date of the election. If the elector's official absentee 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 absentee
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 absentee 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) An absentee 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 etection and is received by the
supervisor of elections of the county in which the overseas voter is registered no tater than 10 days after
the date of the election shall be counted as long as the absentee 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.
101.697 Etectronic transmission of election materials.—The Department of State shall determine
whether secure electronic means can be established for receiving ballots from overseas voters. If such
security can be established, the department shall adopt rules to authorize a supervisor of elections to
accept from an overseas voter a request for an absentee ballot or a voted absentee ballot by secure
facsimile machine transmission or other secure electronic 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.
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History.—s. 50, ch. 2001-40; s. 51, ch. 2005-277.
101.698 Absentee voting in emergency situations.—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. Notwithstanding 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 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 pollin� 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 identified 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.
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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 people 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
Implementation 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, regardless 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 ptace 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 Emergency 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; elections 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
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vote, generally to minimize to whatever degree possible a person's exposure to danger during declared
states of emergency, and to protect the integrity of the electoral process, it is hereby found and declared
to be necessary to designate a procedure for the emergency suspension or delay and rescheduling of
elections.
(1) The Governor may, upon issuance of an executive order declaring a state of emergency or
impending emergency, suspend or delay any election. The 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 Secretary of State, shall reschedule any election
suspended 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 elections officials to foltow when an election has been
suspended or delayed to ensure notice of the suspension 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 appropriate; and working with the
appropriate emergency management officials in determining the safety of existing potling 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 potling place in case of emergency.—In case of an emergency .
existing 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 registratron 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.
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(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.
Copyright O 1995-2015 The Ftorida Legislature • Privacv Statement • Contact Us
.
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Select Year: 2015 Go
The 2oi5 Florida Statutes
Title IX Chapter 106 View Entire Chapter
ELECTORS AND ELECTIONS CAMPAIGN FINANCING
CHAPTER106
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 organizations.
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.
106.0703 Electioneering communications organizations; reporting requirements; certification and filing;
penalties.
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.
106.087 Independent expenditures; contribution limits; restrictions on political parties and political
committees.
106.088 Independent expenditures; contribution limits; restrictions on affiliated party committees.
106.09 Cash contributions and contribution by cashier's checks.
106.11 Expenses of and expenditures by candidates 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.
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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; disclaimers.
106.147 Telephone solicitation; disclosure requirements; prohibitions; exemptions; penalties.
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 connected 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; membership; powers; duties.
106.25 Reports of alleged violations to Florida Elections Commission; disposition of findings.
106.26 Powers of commission; rights and responsibilities of parties; findings by commission.
106.265 Civil penalties.
106.27 Determinations by commission; legal disposition.
106.28 Limitation of actions.
106.29 Reports by political parties and affiliated party committees; restrictions on contributions and
expenditures; penalties.
106.295 Leadershipfund.
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 requesting public
funds; irrevocable statement required; penalty.
106.355 Nonparticipating candidate exceeding limits.
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 appointed by a candidate or political committee as
provided in this chapter.
(3) "Candidate" means a person to whom any of the following applies:
(a) A person who seeks to qualify for nomination or election by means of the petitioning process.
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(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 designates 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 purposes 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 telephones 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 candidate or potiticat 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
depository and a separate interest-bearing account or certificate of deposit, and the term includes
interest earned on such account or certificate.
Notwithstanding the foregoing meanings of "contribution," 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 endorsements.
(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 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.
(8)(a) "Electioneering communication" means communication that is publicly distributed by a
television station, radio station, cable television system, satellite system, newspaper, magazine, direct
mail, or telephone and that:
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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
statement or depiction by an organization, in existence before the time durir�g which a candidate named
or depicted qualifies for that election, made in that organization's newsletter, which newsletter is
distributed only to members of that organization.
2. A communication in a news story, commentary, or editorial distributed through the facilities of 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 communication is part of a general pattern of campaign-related news
accounts that give reasonably equal coverage to all opposing candidates in the area.
3. A communication that constitutes a public debate or forum that includes at least two opposing
candidates for an office or one advocate and one opponent of an issue, or that solely 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
(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 applicable 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 contributions for the purpose of making
electioneering communications 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
inftuencing the results of an election or making an electioneering communication. However, "expenditure"
does not include 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
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the purpose of printing or distributing such organization's newsletter, containing 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
earliest 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 communications organization registers.
(12)(a) "Independent expenditure" means an expenditure 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 expenditure 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 potitical party, inctuding 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 candidate'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 inember, 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 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 inember;
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 advertising campaign at issue;
5. After the last day of the qualifying period prescribed for the candidate, consults about the
candidate's plans, projects, or needs in connection with the candidate's pursuit of election to office and
the information is used in any way to plan, create, design, or prepare an independent expenditure or
advertising campaign, with:
a. 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
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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;
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
7. Arranges, coordinates, or directs the expenditure, 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 expression in a communications medium prescribed in
subsection (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 distributed 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 individuat, 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 expressly 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.chapter 617 or other business entities formed for purposes
other than to support or oppose issues or candidates, if their political activities are limited to
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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 corporations 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. 79-3b5; 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; primary 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 candidate, at a later date, from changing the designation of
the office for which he or she is a candidate. However, if a candidate changes the 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. 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 designation 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 exceeding 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
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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 politicat 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 shalt 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 depositories 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 candidate may appoint herself or himself as campaign treasurer.
(d) Any political committee which deposits all contributions 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
committee 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
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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 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 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 payment for which reimbursement was made by check drawn upon the campaign account shall be
reported pursuant to s. 106.07(4), together with the purpose of such payment;
(c) Expenditures made indirectly through a treasurer for goods or services, such as communications
media 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 treasurer and designating a campaign depository, candidates
for the offices of Governor and Lieutenant Governor on the same ticket shall be considered a single
candidate.
History.—s. 2, ch. 73-128; s. 2, ch. 74-200; s. 1, ch. 75-139; s. 39, ch. 77-175; s. 2, ch. 79-378; s. 56, ch. 79-400; s. 23, ch.
81-304; s. 35, ch. 84-302; s. 3, ch. 89-256; s. 25, ch. 90-315; s. 10, ch. 91-107; s. 637, ch. 95-147; s. 9, ch. 97-13; s. 28, ch.
2002-17; s. 14, ch. 2004-252; s. 41, ch. 2007-30; s. 28, ch. 2008-95; 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 potitical committee or electioneering communications 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
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(f) Contain the signature of the registered agent and the entity engaging the registered agent.
(2) An entity may change its appointment of registered 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
appointment of campaign treasurer and cl�esignation of campaign 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 requirements of
Chapter 106, Florida Statutes.
(SiQnature 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 respect 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 depository 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 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.
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106.03 Registration of political committees and electioneering communications organizations.—
(1)(a) Each political committee that receives contributions 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 organization 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 communication 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 election, an electioneering communications
organization shall file a statement of organization with the Division of Elections.
b. In a cauntywide election or any election held on less than a countywide basis, except as described
in sub-subparagraph c., an electioneering communications 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 communications organization shall file a statement of
organization with the officer before whom municipal candidates qualify.
d. Any electioneering communications organization that would be required to file a statement of
organization in two or more locations 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
treasurer and deputy treasurer, if any;
(f) The name, address, office sought, and party affiliation of:
1. Each candidate whom the committee is supporting;
2. Any other individual, if any, whorrr 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
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officials; and
(m) A statement of whether the electioneering communications 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 subsection, 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 Etections.
(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 shatl 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 foltowing the change. �
(5) Any committee which, after having filed one or more statements of organization, disbands or
determines it will no longer receive contributions or make expenditures during the calendar year in an
aggregate amount exceeding $500 shall so notify the agency or officer with whom such committee is
required to file the statement of organization.
(6) If the filing officer finds that a political committee has filed its statement of organization
consistent with the requirements of subsection (2), it shall notify the committee in writing that it has been
registered as a political committee. If the filing officer finds that a 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
electioneering communications organizations may be dissolved 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
campaign 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
depository designated pursuant to s. 106.021, in an account that contains the name of the candidate or
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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 Va(uation 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 Commission. 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 1Qth day following the end of each calendar month from the time the campaign treasurer is appointed,
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 pursuant to this section.
(a) A statewide candidate or a political committee required to file reports with the division must file
reports:
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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 additional reports due on the 25th and 11 th days before the primary election and the general
election.
(c) Following the last day of qualifying for office, any unopposed candidate need only file a report
within 90 days after the date such candidate became unopposed. Such report shall contain all previously
unreported contributions and expenditures as required by this section and shall reflect disposition of funds
as required by s. 106.141.
(d)1. When a special election is called to fill a vacancy in office, all political committees 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 committees 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 designated 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 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 that 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.
2. This subsection does not prohibit the governing body of a political subdivision, by ordinance or
resolution, 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
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report is incomplete and within 7 days after receipt of such notice 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 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 contributor or the principal type of business need not be listed.
2. The name and address of each political committee 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 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
subparagraphs 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 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 committee or candidate within the reporting period; the amount, date, and purpose of each such
expenditure; and the name and address of, and office sought by, each candidate on whose behalf such
expenditure was made. However, expenditures made from the petty cash fund provided by s. 106.12 need
not be reported individually.
7. The full name and address of each person to whom an expenditure for personal services, salary, or
reimbursement for authorized expenses as provided in s. 106.021(3) has been made and which is not
otherwise 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
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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
identification 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 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.
(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 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 as provided in
subparagraph (a)1. by July 1 of each calendar year, or, in a general election year, no later than the bOth
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 contributions received by the candidate or committee but
returned to the contributor before deposit.
(5) The candidate and his or her campaign treasurer, in the case of a candidate, or the political
committee chair and campaign treasurer of the committee, 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 depository with respect to any campaign account
regulated 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
candidate 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 eisewhere in this chapter shall notify the filing officer in writing on the prescribed reporting
date that no report is being fited 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.
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(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 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 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 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
commission.
(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.
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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
associated with the organization. The address of the website shatl 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 expenditures made as of the day preceding the designated due date. All such
reports must be open to public inspection.
(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
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the 4th day immediately 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 shalt 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 complete 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 committee 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
subparagraphs 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 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 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 expenditure 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
identification of the financial institution in which such accounts or certificates of deposit are located.
(b) The supervisor shall make availabte 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
responsibility 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
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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
circumstances 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 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 organizations; reporting requirements; certification
and filing; penalties.—
(1)(a) Each electioneering communications organization 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 catendar month that have not otherwise been reported pursuant to this
section.
(b) For an electioneering communications organization required to file reports with the division,
reports must be filed:
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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 organization 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 biweekly on each Friday thereafter through and including the 4th day immediately preceding the
general election, with additional reports due on the 25th and 11 th days before the primary etection and
the general election.
(d) When a special election is called to fill a vacancy in office, all electioneering communications
organizations making contributions or expenditures to influence the results of the special election shalt 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 communications
organization must also include the expenditure in the next report filed with the Division of Elections
pursuant to this section following the county or municipal election.
(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
organization 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
communications organization files shalt be accepted on a conditional basis. The treasurer of the
electioneering communications 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 incomplete. 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
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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
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 electioneering communications organization within the reporting period,
together with the amount and date of such contributions. For corporations, the report must provide as
clear a description as practicable of the principal type of business conducted by the corporation. However,
if the contribution is $100 or less, the occupation of the contributor or the principal type of business need
not be listed.
2. The name and address of each political committee from which or to which the reporting
electioneering communications organization made any transfer of funds, together with the amounts and
dates of all transfers.
3. Each loan for electioneering communication purposes to or from any person or political committee
within the reporting period, together with the full names, addresses, and occupations and principal places
of business, if any, of the lender and endorsers, if any, and the date and amount of such loans.
4. A statement of each contribution, rebate, refund, or other receipt not otherwise listed under
subparagraphs 1.-3.
5. The total sums of all loans, in-kind contributions, and other receipts by or for such electioneering
communications organization during the reporting period. The reporting forms shall be designed to elicit
separate totals for in-kind contributions, loans, and other receipts.
b. 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 electioneering communication. �
10. Transaction information for each credit card purchase. Receipts for each credit card purchase shatl
be retained by the electioneering communications organization.
11. The amount and nature of any separate interest-bearing accounts or certificates of deposit and
identification 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 communications 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 organization may use to indicate contributions
received by the electioneering communications organization but returned to the contributor before
deposit.
(4) The treasurer of the electioneering communications organization shall certify as to the correctness
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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 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.
(5) The electioneering communications organization depository shall provide statements reflecting
deposits and expenditures from the account to the treasurer, who shall retain the records pursuant to s.
106.06. The records maintained by the depository with respect to the account shall be subject to
inspection by an agent of the Division of Elections or the Florida Elections Commission at any time during
normal banking hours, and such depository shall furnish certified copies of any such records to the Division
of Elections or 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 organization 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
registers with the Division of Elections; or
2. In the general revenue fund of the political subdivision, in the case of an electioneering
communications 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
communications 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 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. Upon
receipt of the report, the filing officer shall determine the amount of the fine which is due and shall notify
the electioneering 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 organization shall not be personally
liable for such fine.
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(c) The treasurer of an electioneering communications organization may appeal or dispute the fine,
based upon, but not limited to, 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. 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
organization 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 treasurer'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 communications 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 fiting system.
(3) Reports filed pursuant to this section shall be completed and filed through the electronic filing
system not tater 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.
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(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.
(b) Information entered in the electronic filing system is no longer exempt once the report is
generated and filed with the Division of Elections.
History.—s. 1, ch. 2004-253; s. 16, ch. 2008-4; s. 1, ch. 2009-149.
106.071 Independent expenditures; electioneering communications; reports; disclaimers.—
(1) Each person who makes an independent expenditure 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 payinQ 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
advertisement 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
contributions to pay loans.—
(1) A person who is elected to office must report all toans, 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
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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 subsection 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 subordinate committee of the political party, or
affiliated party committees, which contributions in the aggregate exceed $250,000. Polling services,
research services, costs for campaign staff, professional consulting services, 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 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.
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(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
contributions 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
contributions, in exchange for political support, to any religious, charitable, civic, or other cause or
organization established primarily for the public good. It is not a violation of this paragraph for:
1. A candidate, political committee, 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
specifically 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
committee must provide prior written notice of the contribution to a person described in sub-subparagraph
a. The prior written notice must be signed and dated and may be provided by an electronic or facsimile
message. However, prior written notice is not required for an in-kind contribution that consists of food and
beverage in an aggregate amount not exceeding $1,500 which is consumed at a single sitting or event if
such in-kind contribution is accepted in advance by a person specified in sub-subparagraph a.
c. A person described in sub-subparagraph a. may accept an in-kind contribution requiring prior
written notice only in a writing that is 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
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time the regular reports of contributions and expenditures required 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
committee 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 provided 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 convicted 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 from taxation under s. 527 or s. 501(c)(4) of the Internal Revenue Code, who aids,
abets, advises, or participates in a violation of any provision punishable under this paragraph commits a
misdemeanor of the first degree, punishable as 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, partnership, or other business entity or any political party,
affiliated party committee, political committee, or electioneering communications organization is
convicted of knowingly and willfully violating any provision punishable under this paragraph, it shall be
fined not less than $10,000 and not more than $50,000. If it is a domestic entity, it may be ordered
dissolved by a court of competent jurisdiction; if it is a foreign or nonresident business entity, its right to
do business in this state may be forfeited. Any officer, partner, agent, attorney, or other representative of
a corporation, partnership, or other business entity, or of a political committee, political party, affiliated
party committee, or electioneering communications organization, or organization exempt from taxation
under s. 527 or s. 501(c)(4) of the Internal Revenue Code, who aids, abets, advises, or participates in a
violation of any provision punishable under this paragraph commits a 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 contributions 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.
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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; contribution 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 t;tte of the _�r,ame of partv� (state or specified countv) executive
committee; that the executive committee has not made, either directly or indirectly, an independent
expenditure in support of or opposition to a candidate or elected public official in the prior 6 months; that
the executive committee will not make, either directly or indirectly, an independent expenditure in
support of or opposition to a candidate or elected public official, through and including the upcoming
general election; and that the executive committee will not violate the contribution limits applicable to
candidates under s. 106.08(2), Florida Statutes.
(Si�nature of committee officerl
(Address)
Sworn to and subscribed before me this day of , ear , at County, Florida.
(Sienature and title of officer administerina oathl
(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, expenditures may be made for the sole
purpose of jointly endorsing three or more candidates.
(b) Any political committee that violates this subsection is liable for a civil fine of up to $5,000 to be
determined by the Florida Elections Commission or the entire amount of the expenditures, whichever is
greater.
History.-s. 5, ch. 97-13; s. 14, ch. 99-6; s. 19, ch. 2013-37.
106.088 Independent expenditures; contribution limits; restrictions on affiliated party
committees.-
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{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 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 shalt 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 t;tte of the (name of partv) f name of chamberl affiliated party
committee; that the affiliated party committee has not made, either directly or indirectly, an independent
expenditure in support of or opposition to a candidate or elect�d 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.
(SiQnature of committee officer)
(Address)
Sworn to and subscribed before me this day of , ear , at County, Florida.
(SiQnature and title of officer administerina 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 foltowing
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 contribution in violation of subsection (1) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who knowingly and willfully makes or accepts a contribution in excess of $5,000 in
violation of 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 candidates and political committees.—Each candidate
and each political committee which designates a primary campaign depository put 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:
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(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).
(3) The campaign treasurer, deputy treasurer, or authorized user who signs the check shall be
responsible for the completeness and accuracy of the information on such check and for insuring that such
expenditure 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 expenditure from
petty cash pursuant to the provisions of s. 106.12 may be authorized, if there is a sufficient amount of
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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 depository account of the candidate or
political committee" means that the funds at issue have been detivered 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 accordance 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 etected 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
electioneering 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 government or a person acting on behalf of a local government which is
Limited to factual information.
(3) With the exception of the prohibitions specified in subsection (2), this section does not preclude an
elected official of the local government from expressing an opinion on any issue at any time.
History.—s. 1, ch. 2009-125.
106.12 Petty cash funds allowed.—
(1) Each campaign treasurer designated pursuant to s. 106.021(1) for a candidate or political
committee is authorized to withdraw from the primary campaign account, until the close of the last day
for qualifying for office, the amount of $500 per calendar quarter reporting period for the purpose of
providing a petty cash fund for the candidate or political committee.
(2) Following the close of the last day for qualifying and until the last election in a given election
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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 campaign 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 committees, $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 necessities. Petty cash may not be used for the purchase of
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 statewide 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 committee shall be subject to the
following conditions:
(1) Credit cards may be obtained only from the same bank which has been designated as the
candidate's or political committee's primary campaign depository.
(2) Credit cards shall be in the name of the candidate or political committee and shall reflect that the
account is a campaign account.
(3) Before a credit card may be used, a copy of the agreement or contract between the candidate and
the bank, or the political committee and the bank, and a list of all persons who have been authorized to
use the card shall be filed with the Secretary of State.
(4) All credit cards issued to candidates or politicat 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 include transportation, lodging, meals, and other
expenses incurred in connection with traveting for campaign 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.
tiistory.—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. 89-25b.
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
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candidate's family, other than expenses actually incurred 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 candidates.—
(1) Except as provided in subsection (6), each candidate who withdraws his or her candidacy, becomes
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 withdraws his or her candidacy, becomes
unopposed, or is eliminated or elected. However, if a candidate receives a refund check after all surplus
funds have been disposed of, the check may be endorsed by the candidate and the refund disposed of
under this section. An amended report must be filed showing the refund and subsequent disposition.
(2) Any candidate required to dispose of funds pursuant to this section may, before such disposition,
be reimbursed by the campaign, in full or in part, for any reported contributions by the candidate to the
campaign.
(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 � Election
Campaign Financing Trust Fund or the General Revenue Fund, as designated by the candidate; or
b. In the case of a candidate for an office of a political subdivision, to such political subdivision, to be
deposited in the general fund thereof.
(b) Any candidate required to dispose of funds pursuant to this section who has received contributions
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:
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(a} Fifty thousand dollars, for a candidate for statewide office. The Governor and Lieutenant Governor
shall be considered separate candidates for the purpose of this section.
(b) Ten thousand dollars, for a candidate for multicounty 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 retention as a justice of the Supreme Court.
(f) Three thousand dollars, for a candidate for retention as a judge of a district court of appeal.
(g) Three thousand dollars, for a candidate for county court judge or circuit judge.
The office account established pursuant to this subsection 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 inember; 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 offjcial'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
constituents 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 poticy 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 subsection
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 subsections (4) and (5).
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All requirements applicable to candidate campaign accounts under this chapter, including disclosure
requirements applicable to candidate campaign accounts, limitations on expenditures, and limitations 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 subsection (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 shatl 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 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).
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(10) Any candidate, or any person on behalf of a candidate, who accepts contributions after such
candidate 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 provided in s. 775.082 or s. 775.083.
History.—s. 50, ch. 77-175; s. 6, ch. 79-378; s. 60, ch. 79-400; s. 2, ch. 80-292; s. 54, ch. 81-259; s. 28, ch. 81-304; s. 1, ch.
82-404; s. 38, ch. 84-302; s. 10, ch. 85-226; s. 2, ch. 86-7; s. 2, ch. 86-276; s. 11, ch. 87-363; s. 15, ch. 89-256; s. 34, ch. 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.
� Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(fj, 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) ,(oartv affiliation) , for office
so� nt "; or
2. " Paid by (name of candidate) ,(partv affiliation) , for (office so�ht) ."
(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 fname of candidate) , write-in candidate, for office
soU nt "; or
2. " Paid by (name of candidate) , write-in candidate, fOf (office souQht) ."
(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, broadcasting, 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 contributions from a political party must prominently
state: "Paid political advertisement paid for in-kind by (name of political oartv) . Approved by (name of oerson,
partv affitiation, and office soueht in the �olitical advertisementl ."
(3) 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 political advertisement of the
candidate must state that the candidate has no party affiliation. A political advertisement 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 experience. 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
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 subsection does not apply
to:
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(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 affitiated 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, displayed, 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 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.
(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 committee 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
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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 campaign 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 advertisements within 30 days after:
(a) Withdrawal of his or her candidacy;
(b) Having been eliminated as a candidate; or
(c) Being elected to office.
However, a candidate is not expected to remove those political campaign advertisements which are in the
form of signs used by an outdoor advertising business as provided in chapter 479. The provisions herein do
not apply to political campaign advertisements placed on motor vehicles or to campaign messages designed
to be worn by persons.
(2) If political campaign advertisements are not removed within the specified period, the political
subdivision or governmental entity has the authority to remove such advertisements and may charge the
candidate the actual cost for such removal. Funds cotlected 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 predude municipalities from imposing additional or more stringent
requirements on the usage and removal of political campaign advertisements.
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 communication, on billboards, bumper stickers, radio, or
television, or in a newspaper, a magazine, or a periodical, intended to influence public policy or the vote
of a public official, shall clearly designate the sponsor of such advertisement by including a clearly
readable statement of sponsorship. If the advertisement is broadcast on television, the advertisement shall
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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; disclaimers.—
(1) Any electioneering communication, other than a telephone call, shall prominently state: "Paid
2�2CtlOil2@flllg COI'T1t11U111Cdt1011 pold fOf by _(Name and address of person payinQ for the communicationl ."
(2} Any electioneering communication telephone call shall identify the persons or organizations
sponsoring the call by stating either " Paid for by (insert name of �ersons or oreanizations sponsorin� the calp ." Or
" Paid for on behalf of (insert name of oersons or or�anizations authorizin¢ caUl ." 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
communication 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 requirements; 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 independent 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,
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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.
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 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 business 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 mator vehicle to conduct official state business and while on such trip performs any function in
the furtherance of his or her candidacy for nomination or election to public office in any election, the
candidate shall prorate the expenses incurred and reimburse the appropriate agency for any trip not
exclusively for state business and shall pay either a prorated share of all fixed and variable expenses
related to the ownership, operation, and use of such aircraft or one-half of the total fixed and variable
expenses related to the ownership, operation, and use of such aircraft, whichever is greater. The
reimbursement shall be made from the campaign account of the candidate.
(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.
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(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
contribution 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 broadcasts 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 descriptive narrative in all television broadcasts.-Each
candidate, political party, affiliated party committee, and potitical 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 appropriate qualifying officer constitutes a violation of the
Florida Election Code and is under the jurisdiction of the Florida Elections Commission.
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 candidacies.-Any candidate, political committee,
electioneering communication organization, affiliated party committee, 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 organization, 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 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 shatl 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
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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 provisions 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 connected with campaigns, and political committees.—
(1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate;
committee 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, punishable 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 petition; 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.—
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(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 information 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
bookkeeping and reporting, and including appropriate portions 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 required to be filed with the division pursuant to this
chapter for a period of 10 years from date of receipt.
(5) Prepare and publish such reports as it may deem appropriate.
(6) Make, from time to time, audits and field investigations with respect to reports and statements
filed under the provisions of this chapter and with respect to alleged failures to file any report or
statement required under the provisions of this chapter. The division shall conduct a postelection audit of
the campaign accounts of all candidates receiving contributions from the � Election Campaign Financing
Trust Fund.
(7) Report to the Florida Elections Commission any failure to file a report or information required by
this chapter or any apparent violation of this chapter.
(8) Employ such personnel or contract for such services as are necessary to adequately carry out the
intent of this chapter.
(9) Prescribe rules and regulations to carry out the provisions of this chapter. Such rules shall be
prescribed pursuant to chapter 120.
(10) Conduct random audits with respect to reports and statements filed under this chapter and with
respect to alleged failure to file any reports and statements required under this chapter.
History.—s. 22, ch. 73-128; s. 57, ch. 77-175; s. 13, ch. 79-365; s. 4, ch. 84-254; s. 3, ch. 86-276; s. 9, ch. 90-338; s. 46, ch.
97-13; s. 7, ch. 2001-75; s. 72, ch. 2005-277.
� Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State Constitution.
106.23 Powers of the Division of Elections.—
(1) In order to carry out the responsibilities prescribed 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 representatives 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
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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 committee, 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 proposes 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; membership; 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, supervision, 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 nominees 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
commission member, who shall serve as chair of the commission, 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 tocal
government level may not serve as a member of the commission, except that this prohibition shall not
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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 commission on July 1, 2002, until the expiration of his or her current term.
(c) As the terms of inembers 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
member'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 nominating officer, who shall submit a list of three different nominees to the Governor within
30 days. Vacancies on the commission shalt 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,
supervision, 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
budgetary 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(14), to provide
rewards for information leading to criminal convictions related to voter registration fraud, voter fraud,
and vote scams.
(7) The commission shall develop a budget request pursuant to chapter 216 annually. The budget is not
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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.
106.25 Reports of alleged violations to Florida Elections Commission; disposition of findings.—
(1) Jurisdiction to investigate and determine violations 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 investigate, 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 specifically 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 subsequent 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 organization
to the campaign account before a sworn 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 withdraw the sworn
complaint at any time prior to a probable cause hearing if good cause is shown. Withdrawal shall be
requested in writing, signed by the complainant, and witnessed by a notary public, stating the facts and
circumstances constituting good cause. The executive director shall prepare a written recommendation
regarding disposition of the request which shall be given to the commission together with the request.
"Good cause" shall be determined based upon the legal sufficiency or insufficiency of the complaint to
allege a violation and the reasons given by the complainant for wishing to withdraw the complaint. If
withdrawal is permitted, the commission must close the investigation and the case. No further action may
be taken. The complaint will become a public record at the time of withdrawal.
(3) For the purposes of commission jurisdiction, a violation shall mean the willful performance of an
act prohibited by this chapter or chapter 104 or the willful failure to perform an act required by this
chapter or chapter 104. The commission may not by rule determine what constitutes willfulness or further
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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 commission.
(4) The commission shall undertake a preliminary investigation to determine if the facts alleged in a
sworn complaint or a matter initiated by the division constitute probable cause to believe that a violation
has occurred.
(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
repart 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
recommendation to the commission for the disposition of the complaint. If the counsel for the commission
recommends that the commission find probable cause, the recommendation shall include a statement of
what charges shall be at issue. A copy of the recommendation shatl be furnished to the respondent. The
respondent 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 furnished 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 conclusion 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 investigator's report, before the probable cause
determination. The commission's determination shall be based upon the investigator's report, the
recommendation of counsel 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
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commission may consider:
1. The sufficiency of the evidence against the respondent, as contained in the investigator's report;
2. The admissions and other stipulations of the respondent, if any;
3. The nature and circumstances of the respondent'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 violations based upon the same actions, nonactions, or circumstances wherein the commission
found no probable 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 disposition of the camplaint shatl 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 commission.
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 reaching 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 commission 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 occurred. 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 proceedings 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
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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 investigation, 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 commission 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 viotation 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 confidentiality 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 under investigation have the right to waive the confidentiality of the case, thereby opening up the
proceedin�s and records to the public. Any person who discloses any information or matter made
confidential by the provisions of this subsection commits a misdemeanor 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 provided 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 responsibilities 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 commission is empowered to
subpoena and bring before it, or its duly authorized representatives, any person in the state, or any person
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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 �nquiries 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. 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. The sheriffs in the several counties shall
make such service and execute all process or orders when required by the commission. Sheriffs shall be
paid for these services by the commission as provided for in s. 30.231. Any person who is served with a
subpoena to attend a hearing of the commission also shall be served with a general statement informing
him or her of the subject matter of the commission's investigation or inquiry and a notice that he or she
may be accompanied at the hearing by counsel of his or her own choosing.
(2) All witnesses summoned before the commission, other than on the request of the subject of a
hearing, shall receive reimbursement for travel expenses and per diem at the rates provided in s. 112.061.
However, the fact that such reimbursement is not tendered at the time the subpoena is served shall not
excuse the witness from appearing as directed therein.
(3) Upon request of any person having business before the commission, and with the approval of a
majority of the commission, the chair or, in the chair's absence, the vice chair shall instruct all witnesses
to leave the hearing room and retire to a designated place. The witness will be instructed by the chair or,
in the chair's absence, the vice chair not to discuss his or her testimony or the testimony of any other
person with anyone until the hearing has been adjourned and the witness discharged by the chair. The
witness shall be further instructed that should any person discuss or attempt to discuss the matter under
investigation with him or her after receiving such instructions the witness shall bring such matter to the
attention of the commission. 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
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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 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 alt 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 requirement 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 violations which constitute minor offenses that can be
resolved without further investigation by means of a plea of nolo contendere and payment of a fine.
(13) The commission may not issue advisory opinions and must, in all its deliberations and decisions,
adhere to statutory law and advisory opinions of the division.
History.—s. 26, ch. 73-128; s. 12, ch. 74-200; s. 60, ch. 77-175; s. 4, ch. 78-403; s. 64, ch. 79-400; s. 1, ch. 82-46; s. 2, ch.
83-265; s. 21, ch. 89-256; ss. 6, 14, 15, ch. 90-338; s. 74, ch. 91-45; s. 5, ch. 91-429; s. 2, ch. 94-170; s. 1396, ch. 95-147; s. 50,
ch. 97-13; s. 35, ch. 98-129; 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
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consider, among other mitigating and aggravating circumstances:
(a) The gravity of the act or omission;
(b) Any previous history of similar acts or omissions;
(c) The appropriateness of such penalty to the financial resources of the person, political committee,
affiliated party committee, electioneering communications organization, or political party; and
(d) Whether the person, political committee, affiliated 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
organization, 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 comptained 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 chapter or chapter 104 may be brought in the
appropriate court of competent jurisdiction. Any such action brought under this chapter or chapter 104
shall be advanced on the docket of the court in which filed and put ahead of all other actions.
(2) Civil actions may be brought by the commission for relief, including permanent or temporary
injunctions, restraining orders, or any other appropriate order for the imposition of civil penalties provided
by this chapter. 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 engaged, or is about to
engage, in prohibited acts or practices, a permanent or temporary injunction, restraining 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 temporarily the issuance of certificates of election to
successful candidates who are alleged to have violated the provisions of this chapter or chapter 104. Such
injunctions shall issue upon a showing of probable cause that such violation has occurred. Such actions
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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 violation 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 election, 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 committee 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 .
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a county executive committee, per day for each late day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the period covered by the late report. However, if an executive
committee 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.
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
estabtished party organizations for legitimate party or campaign purposes is not prohibited, but all such
contributions shall be recorded and accounted for in the reports of the contributor and recipient.
(6)(a) The national, state, and county executive committees of a political party 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
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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 individuals, 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 responsive 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 qualified 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 � Election Campaign Financing Trust Fund.-
(1) There is hereby established in the State Treasury an � Election 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
transferred to the � Election 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
� Election Campaign Financing Trust Fund as designated in those sections.
(3) Proceeds from assessments pursuant to ss. 106.07 and 106.29 shall be deposited into the � Election
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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.
� Note.—The trust fund expired, effective November 4, 199b, 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 � Election 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 procedure. For the purposes of ss. 106.30-106.36, the respective candidates running for
Governor and Lieutenant Governor on the same ticket shall be considered as a single candidate. To be
eligible to receive contributions from the fund, a candidate may not be an unopposed candidate as defined
in s. 106.011 and must:
(1) Agree to abide by the expenditure limits provided in s. 106.34.
(2)(a) Raise contributions as follows:
1. One hundred fifty thousand dollars for a candidate 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
registered 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.
� Note.—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 � Election Campaign Financing Trust Fund shall limit his or her total expenditures as follows:
(a) Governor and Lieutenant Governor: $2.00 for each Florida-registered voter.
(b) Cabinet officer: $1.00 for each Florida-registered voter.
(2) The expenditure limit for any candidate with primary election opposition only shall be 60 percent
of the limit provided in subsection (1).
(3) For purposes of this section, "Florida-registered voter" means a voter who is registered to vote in
Florida as of June 30 of each odd-numbered year. The Division of Etections shall certify the total number
of Florida-registered voters no later than July 31 of each odd-numbered year. Such total number shall be
calculated by adding the number of registered voters in each county as of June 30 in the year of the
certification date. For the 2006 general election, the Division of ElecCions shall certify the total number of
Florida-registered voters by July 31, 2005.
(4) For the purposes of this section, the term "expenditure" does not include the payment of
compensation 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.
� Note.—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 � Election Campaign Financing
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Trust Fund and certify whether the candidate is eligible for such contributions. Notice of the certification
decision shall be provided to the candidate. An adverse decision may be appealed to the Florida Elections
Commission. The division shall adopt rules providing a procedure for such appeals.
(2)(a) Each candidate who has been certified to receive contributions from the � Election 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 contribution 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 registered 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 proprietarship, trust, or other form
of business arrangement. For contributions made by check from a personal joint account, the match shall
only be for the individual who actually signs the check.
(3)(a) Certification and distribution of funds shall be based on contributions to the candidate reported
to the division for such purpose. The division shall review each report and verify the amount of funds to be
distributed prior to authorizing the release of funds. The division may prescribe separate reporting forms
for candidates for Governor and Cabinet officer.
(b) Notwithstanding the provisions of s. 106.11, a candidate who is eligible for a distribution of funds
based upon qualifying matching contributions received and certified to the division on the report due on
the 4th day prior to the election, may obligate funds not to exceed the amount which the campaign
treasurer's report shows the candidate is eligible to receive from the � Election 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
electronically transmitted campaign treasurer's reports outlining 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.
� Note.—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 election campaign financing limits but not requesting
public funds; irrevocable statement required; penalty.—
(1) Not later than qualifying for office, each candidate for the office of Governor or member of the
Cabinet who has not made a request to receive contributions from the � Election Campaign Financing Trust
Fund, but who wishes to voluntarily abide by the applicable expenditure limit set forth in s. 106.34 and
the contribution 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
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� Election Campaign Financing Trust Fund an amount equal to the amount of the excess contributions or
expenditures. Such penalty shall not be an allowable campaign expense and shall be paid from personal
funds of the candidate. However, if a nonparticipating candidate exceeds the expenditure limit as
described in s. 106.355, a candidate signing the statement pursuant to this section may exceed the
applicable expenditure limit to the extent the nonparticipating candidate exceeded the limit without
being subject to a penalty.
History.—s. 23, ch. 91-107.
� Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State Constitution.
106.355 Nonparticipating candidate exceeding limits.—Whenever a candidate for the office of
Governor 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 � Election Campaign Financing Trust
Fund equal to the amount by which the nonparticipating candidate exceeded the expenditure 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 considered matching funds.
History.—s. 24, ch. 91-107.
� Note.—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 � Election Campaign Financing Trust
Fund and who exceeds the applicable expenditure limit, except as authorized in ss. 106.353 and 106.355,
or falsely reports qualifying matching contributions and thereby receives contributions from the � Election
Campaign Financing Trust Fund to which the candidate was not entitled shall be fined an amount equal to
three times the amount at issue, which shall be deposited in the � Election Campaign Financing Trust Fund.
History.—s. 1, ch. 86-276; s. 11, ch. 90-338; s. 25, ch. 91-107; s. 655, ch. 95-147.
� Note.—The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. III of the State Constitution.
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