The Florida Senate

97.011  Short title.

97.012  Secretary of State as chief election officer.

97.021  Definitions.

97.023  Procedures on complaints of violations.

97.025  Election Code; copies thereof.

97.026  Forms to be available in alternative formats and via the Internet.

97.028  Procedures on complaints of violations of Title III of the Help America Vote Act of 2002.

97.011  Short title.--Chapters 97-106 inclusive shall be known and may be cited as "The Florida Election Code."

History.--s. 1, ch. 26870, 1951; s. 1, ch. 65-60; s. 1, ch. 77-175.

97.012  Secretary of State as chief election officer.--The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:

(1)  Obtain and maintain uniformity in the application, operation, and interpretation of the election laws.

(2)  Provide uniform standards for the proper and equitable implementation of the registration laws.

(3)  Actively seek out and collect the data and statistics necessary to knowledgeably scrutinize the effectiveness of election laws.

(4)  Provide technical assistance to the supervisors of elections on voter education and election personnel training services.

(5)  Provide technical assistance to the supervisors of elections on voting systems.

(6)  Provide voter education assistance to the public.

(7)  Coordinate the state's responsibilities under the National Voter Registration Act of 1993.

(8)  Provide training to all affected state agencies on the necessary procedures for proper implementation of this chapter.

(9)  Ensure that all registration applications and forms prescribed or approved by the department are in compliance with the Voting Rights Act of 1965.

(10)  Coordinate with the United States Department of Defense so that armed forces recruitment offices administer voter registration in a manner consistent with the procedures set forth in this code for voter registration agencies.

(11)  Create and maintain a statewide voter registration database.

(12)  Maintain a voter fraud hotline and provide election fraud education to the public.

(13)  Designate an office within the department to be responsible for providing information regarding voter registration procedures and absentee ballot procedures to absent uniformed services voters and overseas voters.

History.--s. 1, ch. 75-98; s. 21, ch. 84-302; s. 2, ch. 89-348; s. 1, ch. 90-315; s. 2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch. 2003-415.

97.021  Definitions.--For the purposes of this code, except where the context clearly indicates otherwise, the term:

(1)  "Absent elector" means any registered and qualified voter who casts an absentee ballot.

¹(2)  "Alternative formats" has the meaning ascribed in the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42 U.S.C. ss. 12101 et seq., including specifically the technical assistance manuals promulgated thereunder, as amended.

(3)  "Ballot" or "official ballot" when used in reference to:

(a)  "Paper ballots" means that printed sheet of paper, used in conjunction with an electronic or electromechanical vote tabulation voting system, containing the names of candidates, or a statement of proposed constitutional amendments or other questions or propositions submitted to the electorate at any election, on which sheet of paper an elector casts his or her vote.

(b)  "Electronic or electromechanical devices" means a ballot that is voted by the process of electronically designating, including by touchscreen, or marking with a marking device for tabulation by automatic tabulating equipment or data processing equipment.

(4)  "Candidate" means any person to whom any one or more of the following applies:

(a)  Any person who seeks to qualify for nomination or election by means of the petitioning process.

(b)  Any person who seeks to qualify for election as a write-in candidate.

(c)  Any person who receives contributions or makes expenditures, or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to, or retention in, public office.

(d)  Any person who appoints a treasurer and designates a primary depository.

(e)  Any person who files qualification papers and subscribes to a candidate's oath as required by law.

However, this definition does not include any candidate for a political party executive committee.

(5)  "Department" means the Department of State.

(6)  "Division" means the Division of Elections of the Department of State.

(7)  "Election" means any primary election, special primary election, special election, general election, or presidential preference primary election.

(8)  "Election board" means the clerk and inspectors appointed to conduct an election.

(9)  "Election costs" shall include, but not be limited to, expenditures for all paper supplies such as envelopes, instructions to voters, affidavits, reports, ballot cards, ballot booklets for absentee voters, postage, notices to voters; advertisements for registration book closings, testing of voting equipment, sample ballots, and polling places; forms used to qualify candidates; polling site rental and equipment delivery and pickup; data processing time and supplies; election records retention; and labor costs, including those costs uniquely associated with absentee ballot preparation, poll workers, and election night canvass.

(10)  "Elector" is synonymous with the word "voter" or "qualified elector or voter," except where the word is used to describe presidential electors.

(11)  "General election" means an election held on the first Tuesday after the first Monday in November in the even-numbered years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not otherwise provided for by law.

(12)  "Lists of registered electors" means copies of printed lists of registered electors, computer tapes or disks, or any other device used by the supervisor of elections to maintain voter records.

(13)  "Member of the Merchant Marine" means an individual, other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes for the inland waterways, who is:

(a)  Employed as an officer or crew member of a vessel documented under the laws of the United States, a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or

(b)  Enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of such vessel.

(14)  "Minor political party" is any group as defined in this subsection which on January 1 preceding a primary election does not have registered as members 5 percent of the total registered electors of the state. Any group of citizens organized for the general purposes of electing to office qualified persons and determining public issues under the democratic processes of the United States may become a minor political party of this state by filing with the department a certificate showing the name of the organization, the names of its current officers, including the members of its executive committee, and a copy of its constitution or bylaws. It shall be the duty of the minor political party to notify the department of any changes in the filing certificate within 5 days of such changes.

(15)  "Newspaper of general circulation" means a newspaper printed in the language most commonly spoken in the area within which it circulates and which is readily available for purchase by all inhabitants in the area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

(16)  "Nominal value" means having a retail value of $10 or less.

(17)  "Nonpartisan office" means an office for which a candidate is prohibited from campaigning or qualifying for election or retention in office based on party affiliation.

(18)  "Office that serves persons with disabilities" means any state office that takes applications either in person or over the telephone from persons with disabilities for any program, service, or benefit primarily related to their disabilities.

(19)  "Overseas voter" means:

(a)  Members of the uniformed services while in the active service who are permanent residents of the state and are temporarily residing outside the territorial limits of the United States and the District of Columbia;

(b)  Members of the Merchant Marine of the United States who are permanent residents of the state and are temporarily residing outside the territorial limits of the United States and the District of Columbia; and

(c)  Other citizens of the United States who are permanent residents of the state and are temporarily residing outside the territorial limits of the United States and the District of Columbia,

who are qualified and registered to vote as provided by law.

(20)  "Overvote" means that the elector marks or designates more names than there are persons to be elected to an office or designates more than one answer to a ballot question, and the tabulator records no vote for the office or question.

(21)  "Persons with disabilities" means individuals who have a physical or mental impairment that substantially limits one or more major life activities.

(22)  "Polling place" is the building which contains the polling room where ballots are cast.

(23)  "Polling room" means the actual room in which ballots are cast.

(24)  "Primary election" means an election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office. The first primary is a nomination or elimination election; the second primary is a nominating election only.

(25)  "Provisional ballot" means a conditional ballot, the validity of which is determined by the canvassing board.

(26)  "Public assistance" means assistance provided through the food stamp program; the Medicaid program; the Special Supplemental Food Program for Women, Infants, and Children; and the WAGES Program.

(27)  "Public office" means any federal, state, county, municipal, school, or other district office or position which is filled by vote of the electors.

(28)  "Qualifying educational institution" means any public or private educational institution receiving state financial assistance which has, as its primary mission, the provision of education or training to students who are at least 18 years of age, provided such institution has more than 200 students enrolled in classes with the institution and provided that the recognized student government organization has requested this designation in writing and has filed the request with the office of the supervisor of elections in the county in which the institution is located.

(29)  "Special election" is a special election called for the purpose of voting on a party nominee to fill a vacancy in the national, state, county, or district office.

(30)  "Special primary election" is a special nomination election designated by the Governor, called for the purpose of nominating a party nominee to be voted on in a general or special election.

(31)  "Supervisor" means the supervisor of elections.

¹(32)  "Tactile input device" means a device that provides information to a voting system by means of a voter touching the device, such as a keyboard, and that complies with the requirements of s. 101.56062(1)(k) and (l).

(33)  "Undervote" means that the elector does not properly designate any choice for an office or ballot question, and the tabulator records no vote for the office or question.

(34)  "Uniformed services" means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

¹(35)  "Voter interface device" means any device that communicates voting instructions and ballot information to a voter and allows the voter to select and vote for candidates and issues.

(36)  "Voter registration agency" means any office that provides public assistance, any office that serves persons with disabilities, any center for independent living, or any public library.

(37)  "Voting booth" or "booth" means that booth or enclosure wherein an elector casts his or her ballot for tabulation by an electronic or electromechanical device.

(38)  "Voting system" means a method of casting and processing votes that functions wholly or partly by use of electromechanical or electronic apparatus or by use of paper ballots and includes, but is not limited to, the procedures for casting and processing votes and the programs, operating manuals, tabulating cards, printouts, and other software necessary for the system's operation.

History.--s. 2, ch. 6469, 1913; RGS 300; s. 1, ch. 8582, 1921; CGL 356; s. 1, ch. 13761, 1929; s. 1, ch. 18060, 1937; s. 1, ch. 19663, 1939; s. 1, ch. 26870, 1951; s. 1, ch. 28156, 1953; s. 1, ch. 61-370; s. 2, ch. 65-60; s. 1, ch. 67-32; s. 2, ch. 67-142; s. 2, ch. 67-386; s. 1, ch. 69-137; s. 1, ch. 69-280; s. 1, ch. 69-377; s. 1, ch. 70-269; s. 1, ch. 70-439; s. 1, ch. 71-206; s. 1, ch. 73-157; s. 31, ch. 73-333; s. 23, ch. 77-104; s. 1, ch. 77-175; s. 1, ch. 79-157; s. 24, ch. 79-400; s. 1, ch. 81-105; s. 15, ch. 82-143; s. 22, ch. 84-302; s. 1, ch. 87-184; ss. 5, 12, ch. 87-363; s. 1, ch. 89-338; s. 3, ch. 89-348; s. 2, ch. 90-315; s. 3, ch. 94-224; s. 1382, ch. 95-147; s. 1, ch. 96-57; s. 54, ch. 96-175; s. 1, ch. 96-327; s. 35, ch. 97-13; s. 3, ch. 98-129; ss. 2, 34, ch. 2001-40; s. 4, ch. 2002-281; s. 2, ch. 2003-415.

¹Note.--As amended by s. 4, ch. 2002-281, and s. 2, ch. 2003-415. The definitions of "[a]lternative formats," "[t]actile input device," and "[v]oter interface device" were added to s. 97.021 by s. 4, ch. 2002-281, effective upon the occurrence of the contingency in s. 22, ch. 2002-281. Section 22, ch. 2002-281, provides that "[e]xcept as otherwise expressly provided in this act, this act shall take effect one year after the legislature adopts the general appropriations act specifically appropriating to the Department of State, for distribution to the counties, $8.7 million or such other amounts as it determines and appropriates for the specific purpose of funding this act." The appropriation has not been adopted.

Note.--Former s. 102.02.

97.023  Procedures on complaints of violations.--

(1)(a)  Any person who is aggrieved by a violation of either the National Voter Registration Act of 1993 or a voter registration or removal procedure under the Florida Election Code may file a written complaint with the department, which shall serve as notice to the Secretary of State.

(b)  A complaint must state the alleged violation and the person or entity responsible, who must be the department, a voter registration agency, a supervisor, the Department of Highway Safety and Motor Vehicles, or an Armed Forces Recruitment Center. If the department determines that a complaint fails to allege both a violation and a person or entity responsible for the violation, the department shall inform the complainant that he or she has not given sufficient notice and the steps that must be taken in order to give proper notice.

(c)  For the purposes of this section, a violation of either the National Voter Registration Act of 1993 or a voter registration or removal procedure under the Florida Election Code is the failure to perform an act required or the performance of an act prohibited by either the National Voter Registration Act of 1993 or a voter registration or removal procedure under the Florida Election Code.

(d)  The department has primary jurisdiction over complaints filed under the provisions of this section.

(2)  When a complaint is filed with the department, the parties to the complaint must be given the opportunity to resolve the complaint through an informal dispute resolution process to be established by the department. This process must provide for:

(a)  A time limitation of 30 days on the process, unless the alleged violation occurred within 120 days before the date of an election, in which case there must be a time limitation of 20 days;

(b)  A mediator provided by the department, who may be a department employee unless the department is alleged to be responsible for the violation, in which case the Governor must appoint a mediator who is not a department employee;

(c)  Notice to a complainant;

(d)  Notice to a respondent of the allegations filed against him or her in the complaint;

(e)  An opportunity for the parties to submit written statements, present oral argument either in person or by telephone, and present evidence; and

(f)  A written statement by the mediator to the department stating the outcome of the dispute resolution process.

(3)  If an alleged violation occurred within 30 days before the date of a state or federal election and the alleged violation will affect the registrant's right to vote in that election, the complainant may immediately bring an action in the circuit court in the county where the alleged violation occurred. Otherwise, the following are conditions precedent for a complainant to bring an action for declaratory or injunctive relief in the circuit court in the county where the alleged violation occurred:

(a)  The complainant gave proper written notice of the alleged violation to the Secretary of State;

(b)  The complainant participated in the informal dispute resolution process; and

(c)  An agreement is not reached or an alleged violation is not corrected within 90 days after receipt of notice or 20 days after receipt of notice if the alleged violation occurred within 120 days before the date of an election.

History.--s. 4, ch. 94-224; s. 1383, ch. 95-147.

97.025  Election Code; copies thereof.--A pamphlet of a reprint of the Election Code, adequately indexed, shall be prepared by the Department of State. It shall have a sufficient number of these pamphlets printed so that one may be given, upon request, to each candidate who qualifies with the department. A sufficient number may be sent to each supervisor, prior to the first day of qualifying, for distribution, upon request, to each candidate who qualifies with the supervisor and to each clerk of elections. The cost of printing the pamphlets shall be paid out of funds appropriated for conducting elections.

History.--s. 38, ch. 3879, 1889; RS 192; s. 69, ch. 4328, 1895; GS 253; RGS 297; CGL 353; s. 2, ch. 26870, 1951; s. 17, ch. 65-134; ss. 10, 35, ch. 69-106; s. 5, ch. 77-175; s. 2, ch. 79-365; s. 5, ch. 94-224.

Note.--Former s. 99.54; s. 98.251.

¹97.026  Forms to be available in alternative formats and via the Internet.--It is the intent of the Legislature that all forms required to be used in chapters 97-106 shall be made available upon request, in alternative formats. Such forms shall include absentee ballots as alternative formats for such ballots become available and the Division of Elections is able to certify systems that provide them. Whenever possible, such forms, with the exception of absentee ballots, shall be made available by the Department of State via the Internet. Sections that contain such forms include, but are not limited to, ss. 97.051, 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and 106.087.

History.--s. 5, ch. 2002-281.

¹Note.--Section 22, ch. 2002-281, provides that "[e]xcept as otherwise expressly provided in this act, this act shall take effect one year after the legislature adopts the general appropriations act specifically appropriating to the Department of State, for distribution to the counties, $8.7 million or such other amounts as it determines and appropriates for the specific purpose of funding this act." The appropriation has not been adopted.

97.028  Procedures on complaints of violations of Title III of the Help America Vote Act of 2002.--

(1)(a)  Any person who believes that a violation of Title III of the Help America Vote Act of 2002 has occurred, is occurring, or is about to occur may file a complaint with the department.

(b)  The complaint must be in writing and must be signed and sworn to before a notary by the person filing the complaint. Further, the complaint must state the alleged violation and the person or entity responsible for the violation. The department shall prescribe the form for complaints filed under this section. If the department determines that the complaint fails to allege both a violation and a person or entity responsible for the violation, or that the complaint is not properly executed, the department shall inform the complainant in writing that the complaint is legally insufficient.

(c)  For purposes of this section, a violation of Title III of the Help America Vote Act of 2002 is the failure to perform an act required or the performance of an act prohibited by Title III of the Help America Vote Act of 2002 by a covered person or entity.

(d)  The department shall have sole jurisdiction over complaints filed under the provisions of this section.

(e)  This section provides the sole avenue of redress for alleged violations of Title III of the Help America Vote Act of 2002 and does not give rise to any other cause of action.

(f)  The department may consolidate complaints filed under this section.

(g)  All proceedings under this section are exempt from chapter 120.

(2)(a)  When a legally sufficient complaint is filed with the department, the agency head shall designate a hearing officer who shall:

1.  Provide the subject of the complaint with a copy of the complaint. The subject of the complaint shall, within 10 days after receipt of the complaint, file with the department a written, sworn response to the complaint.

2.  Upon receipt of the response, the hearing officer shall review both sworn filings to determine whether a violation of Title III of the Help America Vote Act of 2002 has occurred, is occurring, or is about to occur. The complaint and the response shall constitute the official hearing record to be considered by the hearing officer. The hearing officer shall provide the complainant with a copy of the response.

3.  At the hearing officer's discretion, the complainant and the respondent may be ordered by the hearing officer to provide additional sworn oral or written statements or additional documents to assist the hearing officer in making his or her determination. Further, other relevant witnesses may also be ordered by the hearing officer to give sworn testimony or to provide relevant documents to assist the hearing officer in making his or her determination. Any such statements or documents received by the hearing officer shall also become part of the official hearing record. For purposes of this section, the hearing officer is authorized to administer oaths and to issue subpoenas.

4.  The hearing officer shall advise both the complainant and respondent in writing of their determination. If the hearing officer determines that no violation has occurred, is occurring, or is about to occur, the department shall dismiss the complaint and publish its determination. If the hearing officer determines that a violation of Title III of the Help America Vote Act has occurred, is occurring, or is about to occur, the department shall issue and deliver an order directing the appropriate remedy to persons responsible for effecting such remedy. The issuance of an order does not constitute agency action for which a hearing under s. 120.569 or s. 120.57 may be sought. For purposes of enforcing the order, the department may initiate a proceeding in the name of the state seeking issuance of an injunction, a writ of mandamus, or other equitable remedy against any person who violates any provision of such order.

5.  The department shall make a final determination with respect to the complaint within 90 days after the date that the complaint was filed, unless the complainant consents to a longer period for making such a determination.

(b)  If the department fails to meet the deadline established in subparagraph (a)5., the complaint shall be forwarded to mediation. Mediation shall occur within 60 days after the department's failure to make a determination within the timeframe established in subparagraph (a)5. The record created under this section shall be made available for use in the mediation.

History.--s. 5, ch. 2003-415.

97.032  Short title.

97.041  Qualifications to register or vote.

97.051  Oath upon registering.

97.052  Uniform statewide voter registration application.

97.053  Acceptance of voter registration applications.

97.0535  Special requirements for certain applicants.

97.055  Registration books; when closed for an election.

97.0555  Late registration.

97.057  Voter registration by the Department of Highway Safety and Motor Vehicles.

97.058  Voter registration agencies.

97.0583  Voter registration at qualifying educational institutions.

97.0585  Declinations to register; place of registration and registration information; confidentiality.

97.061  Special registration for electors requiring assistance.

97.071  Registration identification card.

97.073  Disposition of voter registration applications; cancellation notice.

97.1031  Notice of change of residence within the same county, change of name, or change of party.

97.105  Permanent single registration system established.

97.032  Short title.--This part may be cited as the "Florida Voter Registration Act."

History.--s. 7, ch. 94-224.

97.041  Qualifications to register or vote.--

(1)(a)  A person may become a registered voter only if that person:

1.  Is at least 18 years of age;

2.  Is a citizen of the United States;

3.  Is a legal resident of the State of Florida;

4.  Is a legal resident of the county in which that person seeks to be registered; and

5.  Registers pursuant to the Florida Election Code.

(b)  A person who is otherwise qualified may preregister on or after that person's 17th birthday and may vote in any election occurring on or after that person's 18th birthday.

(2)  The following persons, who might be otherwise qualified, are not entitled to register or vote:

(a)  A person who has been adjudicated mentally incapacitated with respect to voting in this or any other state and who has not had his or her right to vote restored pursuant to law.

(b)  A person who has been convicted of any felony by any court of record and who has not had his or her right to vote restored pursuant to law.

(3)  A person who is not registered may not vote.

History.--ss. 1, chs. 3850, 3879, 1889; RS 154; s. 1, ch. 4328, 1895; GS 170; RGS 215; s. 1, ch. 8583, 1921; CGL 248; s. 1, ch. 26870, 1951; s. 2, ch. 28156, 1953; s. 1, ch. 63-408; s. 3, ch. 65-60; s. 1, ch. 67-67; ss. 1, 4, ch. 71-108; s. 1, ch. 72-197; s. 2, ch. 73-157; s. 31, ch. 73-333; s. 1, ch. 74-5; s. 1, ch. 77-175; s. 2, ch. 89-338; s. 8, ch. 94-224.

Note.--Former s. 98.01.

97.051  Oath upon registering.--A person registering to vote must subscribe to the following oath: "I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and the Constitution of the State of Florida, that I am qualified to register as an elector under the Constitution and laws of the State of Florida, and that I am a citizen of the United States and a legal resident of Florida."

History.--s. 7, ch. 3879, 1889; RS 161; s. 8, ch. 4328, 1895; GS 178; RGS 222; CGL 257; s. 4, ch. 25383, 1949; s. 1, ch. 26870, 1951; s. 3, ch. 69-280; ss. 2, 4, ch. 71-108; s. 1, ch. 72-63; s. 2, ch. 77-175; s. 1, ch. 81-304; s. 9, ch. 94-224.

Note.--Former s. 98.11.

97.052  Uniform statewide voter registration application.--

(1)  The department shall prescribe a uniform statewide voter registration application for use in this state.

(a)  The uniform statewide voter registration application must be accepted for any one or more of the following purposes:

1.  Initial registration.

2.  Change of address.

3.  Change of party affiliation.

4.  Change of name.

5.  Replacement of voter registration identification card.

(b)  The department is responsible for printing the uniform statewide voter registration application and the voter registration application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993. The applications and forms must be distributed, upon request, to the following:

1.  Individuals seeking to register to vote.

2.  Individuals or groups conducting voter registration programs. A charge of 1 cent per application shall be assessed on requests for 10,000 or more applications.

3.  The Department of Highway Safety and Motor Vehicles.

4.  Voter registration agencies.

5.  Armed forces recruitment offices.

6.  Qualifying educational institutions.

7.  Supervisors, who must make the applications and forms available in the following manner:

a.  By distributing the applications and forms in their offices to any individual or group.

b.  By distributing the applications and forms at other locations designated by each supervisor.

c.  By mailing the applications and forms to applicants upon the request of the applicant.

(c)  The uniform statewide voter registration application may be reproduced by any private individual or group, provided the reproduced application is in the same format as the application prescribed under this section.

(2)  The uniform statewide voter registration application must be designed to elicit the following information from the applicant:

(a)  Full name.

(b)  Date of birth.

(c)  Address of legal residence.

(d)  Mailing address, if different.

(e)  County of legal residence.

(f)  Address of property for which the applicant has been granted a homestead exemption, if any.

(g)  Race or ethnicity that best describes the applicant:

1.  American Indian or Alaskan Native.

2.  Asian or Pacific Islander.

3.  Black, not Hispanic.

4.  White, not Hispanic.

5.  Hispanic.

(h)  State or country of birth.

(i)  Sex.

(j)  Party affiliation.

(k)  Whether the applicant needs assistance in voting.

(l)  Name and address where last registered.

(m)  Last four digits of the applicant's social security number.

(n)  Florida driver's license number or the identification number from a Florida identification card issued under s. 322.051.

(o)  Telephone number (optional).

(p)  Signature of applicant under penalty for false swearing pursuant to s. 104.011, by which the person subscribes to the oath required by s. 3, Art. VI of the State Constitution and s. 97.051, and swears or affirms that the information contained in the registration application is true.

(q)  Whether the application is being used for initial registration, to update a voter registration record, or to request a replacement registration identification card.

(r)  Whether the applicant is a citizen of the United States.

(s)  That the applicant has not been convicted of a felony or, if convicted, has had his or her civil rights restored.

(t)  That the applicant has not been adjudicated mentally incapacitated with respect to voting or, if so adjudicated, has had his or her right to vote restored.

The registration form must be in plain language and designed so that convicted felons whose civil rights have been restored and persons who have been adjudicated mentally incapacitated and have had their voting rights restored are not required to reveal their prior conviction or adjudication.

(3)  The uniform statewide voter registration application must also contain:

(a)  The oath required by s. 3, Art. VI of the State Constitution and s. 97.051.

(b)  A statement specifying each eligibility requirement under s. 97.041.

(c)  The penalties provided in s. 104.011 for false swearing in connection with voter registration.

(d)  A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and may be used only for voter registration purposes.

(e)  A statement that informs the applicant who chooses to register to vote or update a voter registration record that the office at which the applicant submits a voter registration application or updates a voter registration record will remain confidential and may be used only for voter registration purposes.

(f)  A statement that informs the applicant that any person who has been granted a homestead exemption in this state, and who registers to vote in any precinct other than the one in which the property for which the homestead exemption has been granted, shall have that information forwarded to the property appraiser where such property is located, which may result in the person's homestead exemption being terminated and the person being subject to assessment of back taxes under s. 193.092, unless the homestead granted the exemption is being maintained as the permanent residence of a legal or natural dependent of the owner and the owner resides elsewhere.

(g)  A statement informing the applicant that if the form is submitted by mail and the applicant is registering for the first time, the applicant will be required to provide identification prior to voting the first time.

(4)  A supervisor may produce a voter registration application that has the supervisor's direct mailing address if the department has reviewed the application and determined that it is substantially the same as the uniform statewide voter registration application.

(5)  The voter registration application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993 or the federal postcard application must be accepted as an application for registration in this state if the completed application or postcard application contains the information required by the constitution and laws of this state.

History.--s. 5, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 59-231; s. 8, ch. 65-134; s. 1, ch. 67-170; s. 8, ch. 69-377; ss. 10, 35, ch. 69-106; s. 2, ch. 72-63; s. 5, ch. 77-175; s. 23, ch. 84-302; s. 6, ch. 89-338; s. 10, ch. 94-224; s. 2, ch. 96-327; s. 26, ch. 97-13; s. 4, ch. 98-129; ss. 1, 7, ch. 2002-189; s. 3, ch. 2003-415.

Note.--Former s. 97.05; s. 98.111.

97.053  Acceptance of voter registration applications.--

(1)  Voter registration applications, changes in registration, and requests for a replacement registration identification card must be accepted in the office of any supervisor, the division, a driver license office, a voter registration agency, or an armed forces recruitment office when hand delivered by the applicant or a third party during the hours that office is open or when mailed.

(2)  A completed voter registration application that contains the information necessary to establish an applicant's eligibility pursuant to s. 97.041 becomes the official voter registration record of that applicant when received by the appropriate supervisor.

(3)  The registration date for a valid initial voter registration application that has been hand delivered is the date when received by a driver license office, a voter registration agency, an armed forces recruitment office, the division, or the office of any supervisor in the state.

(4)  The registration date for a valid initial voter registration application that has been mailed and bears a clear postmark is the date of the postmark. If an initial voter registration application that has been mailed does not bear a postmark or if the postmark is unclear, the registration date is the date the registration is received by any supervisor or the division, unless it is received within 5 days after the closing of the books for an election, excluding Saturdays, Sundays, and legal holidays, in which case the registration date is the book-closing date.

(5)(a)  A voter registration application is complete if it contains:

1.  The applicant's name.

2.  The applicant's legal residence address.

3.  The applicant's date of birth.

4.  An indication that the applicant is a citizen of the United States.

5.  The applicant's Florida driver's license number, the identification number from a Florida identification card issued under s. 322.051, or the last four digits of the applicant's social security number.

6.  An indication that the applicant has not been convicted of a felony or that, if convicted, has had his or her civil rights restored.

7.  An indication that the applicant has not been adjudicated mentally incapacitated with respect to voting or that, if so adjudicated, has had his or her right to vote restored.

8.  Signature of the applicant swearing or affirming under the penalty for false swearing pursuant to s. 104.011 that the information contained in the registration application is true and subscribing to the oath required by s. 3, Art. VI of the State Constitution and s. 97.051.

(b)  An applicant who fails to designate party affiliation must be registered without party affiliation. The supervisor must notify the voter by mail that the voter has been registered without party affiliation and that the voter may change party affiliation as provided in s. 97.1031.

History.--s. 11, ch. 94-224; s. 27, ch. 97-13; s. 5, ch. 98-129; s. 4, ch. 2003-415.

97.0535  Special requirements for certain applicants.--

(1)  Each applicant who registers by mail and who has never previously voted in the county shall be required to provide a copy of a current and valid identification, as provided in subsection (3), or indicate that he or she is exempt from the requirements prior to voting. The applicant may provide the identification or indication at the time of registering, or at any time prior to voting for the first time in the county. If the voter registration application clearly provides information from which the supervisor can determine that the applicant meets at least one of the exemptions in subsection (4), the supervisor shall make the notation on the registration records and the applicant shall not be required to provide further information that is required of first time voters who register by mail.

(2)  The supervisor of elections shall, upon accepting the voter registration for an applicant who registered by mail and who has not previously voted in the county, determine if the applicant provided the required identification at the time of registering. If the required identification was not provided, the supervisor shall notify the applicant that he or she must provide the identification prior to voting the first time in the county.

(3)(a)  The following forms of identification shall be considered current and valid if they contain the name and photograph of the applicant and have not expired:

1.  Florida driver's license.

2.  Florida identification card issued by the Department of Highway Safety and Motor Vehicles.

3.  United States passport.

4.  Employee badge or identification.

5.  Buyer's club identification.

6.  Debit or credit card.

7.  Military identification.

8.  Student identification.

9.  Retirement center identification.

10.  Neighborhood association identification.

11.  Entertainment identification.

12.  Public assistance identification.

(b)  The following forms of identification shall be considered current and valid if they contain the name and current residence address of the applicant:

1.  Utility bill.

2.  Bank statement.

3.  Government check.

4.  Paycheck.

5.  Other government document (excluding voter identification card).

(4)  The following persons are exempt from the identification requirements of this section:

(a)  Persons 65 years of age or older.

(b)  Persons with a temporary or permanent physical disability.

(c)  Members of the uniformed service on active duty who, by reason of such active duty, are absent from the county on election day.

(d)  Members of the Merchant Marine who, by reason of service in the Merchant Marine, are absent from the county on election day.

(e)  The spouse or dependent of a member referred to in paragraph (c) or paragraph (d) who, by reason of the active duty or service of the member, is absent from the county on election day.

(f)  Persons currently residing outside the United States who are eligible to vote in Florida.

History.--s. 6, ch. 2003-415.

97.055  Registration books; when closed for an election.--

(1)  The registration books must be closed on the 29th day before each election and must remain closed until after that election. If an election is called and there are fewer than 29 days before that election, the registration books must be closed immediately. When the registration books are closed for an election, voter registration and party changes must be accepted but only for the purpose of subsequent elections. However, party changes received between the book-closing date of the first primary election and the date of the second primary election are not effective until after the second primary election.

(2)  In computing the 29-day period for the closing of the registration books, the day of the election is excluded and all other days are included. If the 29th day preceding an election falls on a Sunday or a legal holiday, the registration books must be closed on the next day that is not a Sunday or a legal holiday.

History.--s. 2, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 5, ch. 29934, s. 1, ch. 29761, 1955; s. 3, ch. 65-134; s. 2, ch. 67-530; s. 1, ch. 71-124; ss. 7, 8, ch. 72-63; s. 4, ch. 74-5; s. 1, ch. 77-174; s. 5, ch. 77-175; s. 7, ch. 80-292; s. 5, ch. 81-304; s. 1, ch. 83-25; s. 27, ch. 84-302; s. 11, ch. 85-80; s. 6, ch. 89-338; s. 12, ch. 94-224.

Note.--Former s. 97.02; s. 98.051.

97.0555  Late registration.--An individual or accompanying family member who has been discharged or separated from the uniformed services or the Merchant Marine, or from employment outside the territorial limits of the United States, after the book-closing date for an election pursuant to s. 97.055 and who is otherwise qualified may register to vote in such election until 5 p.m. on the Friday before that election in the office of the supervisor of elections. Such persons must produce sufficient documentation showing evidence of qualifying for late registration pursuant to this section. The Department of State shall adopt rules specifying documentation that is sufficient to determine eligibility.

History.--s. 47, ch. 2001-40; s. 1, ch. 2002-17.

97.057  Voter registration by the Department of Highway Safety and Motor Vehicles.--

(1)  The Department of Highway Safety and Motor Vehicles shall provide the opportunity to register to vote or to update a voter registration record to each individual who comes to an office of that department to:

(a)  Apply for or renew a driver's license;

(b)  Apply for or renew an identification card pursuant to chapter 322; or

(c)  Change an address on an existing driver's license or identification card.

(2)  The Department of Highway Safety and Motor Vehicles shall:

(a)  Notify each individual, orally or in writing, that:

1.  Information gathered for the completion of a driver's license or identification card application, renewal, or change of address can be automatically transferred to a voter registration application;

2.  If additional information and a signature are provided, the voter registration application will be completed and sent to the proper election authority;

3.  Information provided can also be used to update a voter registration record;

4.  All declinations will remain confidential and may be used only for voter registration purposes; and

5.  The particular driver license office in which the person applies to register to vote or updates a voter registration record will remain confidential and may be used only for voter registration purposes.

(b)  Require a driver's license examiner to inquire orally, or inquire in writing if the applicant is hearing impaired, and whether the applicant wishes to register to vote or update a voter registration record during the completion of a driver's license or identification card application, renewal, or change of address.

1.  If the applicant chooses to register to vote or to update a voter registration record:

a.  All applicable information received by the Department of Highway Safety and Motor Vehicles in the course of filling out the forms necessary under subsection (1) must be transferred to a voter registration application;

b.  The additional necessary information must be obtained by the driver's license examiner and must not duplicate any information already obtained while completing the forms required under subsection (1); and

c.  A voter registration application with all of the applicant's voter registration information must be presented to the applicant to sign.

2.  If the applicant declines to register to vote, update the applicant's voter registration record, or change the applicant's address by either orally declining or by failing to sign the voter registration application, the Department of Highway Safety and Motor Vehicles must keep the declination for 2 years but must forward a copy of the unsigned voter registration application within 5 days after receipt to the appropriate supervisor of elections.

(3)  For the purpose of this section, the Department of Highway Safety and Motor Vehicles, with the approval of the Department of State, shall prescribe:

(a)  A voter registration application that is the same in content, format, and size as the uniform statewide voter registration application prescribed under s. 97.052; and

(b)  A form that will inform applicants under subsection (1) of the information contained in paragraph (2)(a).

(4)  The Department of Highway Safety and Motor Vehicles must forward completed voter registration applications within 5 days after receipt to the supervisor of the county where the office that processed or received that application is located.

(5)  The Department of Highway Safety and Motor Vehicles must send, with each driver's license renewal extension application authorized pursuant to s. 322.18(8), a uniform statewide voter registration application, the voter registration application prescribed under paragraph (3)(a), or a voter registration application developed especially for the purposes of this subsection by the Department of Highway Safety and Motor Vehicles, with the approval of the Department of State, which must meet the requirements of s. 97.052.

(6)  A person providing voter registration services for a driver license office may not:

(a)  Seek to influence an applicant's political preference or party registration;

(b)  Display any political preference or party allegiance;

(c)  Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(d)  Disclose any applicant's voter registration information except as needed for the administration of voter registration.

(7)  The Department of Highway Safety and Motor Vehicles shall compile lists, by county, of those individuals whose names have been purged from its driver's license database because they have been licensed in another state and shall provide those lists annually to the appropriate supervisors.

(8)  The Department of Highway Safety and Motor Vehicles shall collect data determined necessary by the Department of State for program evaluation and reporting to the Federal Election Commission pursuant to the National Voter Registration Act of 1993.

(9)  The Department of Highway Safety and Motor Vehicles must ensure that all voter registration services provided by driver license offices are in compliance with the Voting Rights Act of 1965.

History.--s. 13, ch. 94-224; s. 2, ch. 2002-189.

97.058  Voter registration agencies.--

(1)  Each voter registration agency must provide each applicant the opportunity to register to vote or to update a voter registration record, at the time the applicant applies for services or assistance from that agency, for renewal of such services or assistance, or for a change of address required with respect to the services or assistance.

(2)  Each voter registration agency, other than a public library, must develop and provide each applicant with a form approved by the department containing all of the following:

(a)  The questions:

1.  "If you are not registered to vote where you live now, would you like to apply to register to vote today?"

2.  "If you are registered to vote where you live now, would you like to update your voter registration record?"

(b)  For agencies providing public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."

(c)  Boxes for the applicant to check which indicate that:

1.  The applicant would like to register to vote or update a current voter registration;

2.  The applicant would like to decline to register to vote; or

3.  The applicant is already registered to vote and does not need to update the voter registration,

together with the statement, "If you do not check any box, you will be considered to have decided not to register to vote or update a voter registration at this time."

(d)  The statement, "If you would like help in filling out the voter registration application, we will help you. The decision whether to seek or accept help is yours. You may fill out the voter registration application in private."

(e)  The statement, "If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Secretary of State."

(f)  The address and telephone number of the appropriate office in the department where a complaint may be filed.

(g)  A statement that all declinations will remain confidential and may be used only for voter registration purposes.

(h)  A statement that informs the applicant who chooses to register to vote or update a voter registration record that the office at which the applicant submits a voter registration application or updates a voter registration record will remain confidential and may be used only for voter registration purposes.

(3)(a)  A voter registration agency may use the uniform statewide voter registration application or may create and use a voter registration application that meets the requirements of s. 97.052, with the approval of the department.

(b)  A voter registration agency must provide to each applicant under subsection (1) the voter registration application that the agency decides to use pursuant to paragraph (a). An applicant who indicates a desire to register to vote or update a voter registration record must be provided the same degree of assistance with regard to the completion of that voter registration application as is provided by the agency with regard to the completion of its own forms, unless the applicant refuses that assistance.

(4)  If a voter registration agency provides services to a person with a disability at the person's home, the agency must also provide voter registration services at the person's home.

(5)  A voter registration agency must establish procedures for providing voter registration services to applicants who apply by telephone.

(6)  A voter registration agency must forward completed voter registration applications within 5 days after receipt to the supervisor of the county where the agency that processed or received that application is located.

(7)  A voter registration agency must retain declinations for a period of 2 years, during which time the declinations are not considered a record of the client pursuant to the laws governing the agency's records. However, a voter registration agency must forward a copy of each incompleted voter registration application within 5 days after receipt to the appropriate supervisor of elections.

(8)  A person providing voter registration services for a voter registration agency may not:

(a)  Seek to influence an applicant's political preference or party registration;

(b)  Display any political preference or party allegiance;

(c)  Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits;

(d)  Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(e)  Disclose any applicant's voter registration information except as needed for the administration of voter registrations.

(9)  A voter registration agency must collect data determined necessary by the department for program evaluation and reporting to the Federal Election Commission pursuant to the National Voter Registration Act of 1993.

(10)  Each state agency which contracts with a private provider that is also a voter registration agency as defined in s. 97.021 is responsible for contracting for voter registration services with that provider and for ensuring that the private provider complies with the provisions of this section.

(11)  Each voter registration agency must ensure that all voter registration services provided by its offices are in compliance with the Voting Rights Act of 1965.

History.--s. 14, ch. 94-224; s. 3, ch. 2002-189.

97.0583  Voter registration at qualifying educational institutions.--Each qualifying educational institution shall provide each student enrolled in that institution the opportunity to register to vote or to update a voter registration record on each campus at least once a year. Qualifying educational institutions are also encouraged to provide voter registration services at other times and places, such as upon application for financial aid, during admissions, at registration, upon issuance of student identifications, and at new-student orientation.

History.--s. 3, ch. 96-327.

97.0585  Declinations to register; place of registration and registration information; confidentiality.--

(1)  All declinations to register to vote made pursuant to ss. 97.057 and 97.058 are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may be used only for voter registration purposes.

(2)  Information relating to the place where a person registered to vote or where a person updated a voter registration is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution; and a voter's signature, social security number, and telephone number may not be copied and are exempt for that purpose from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

History.--ss. 1, 2, ch. 94-345; s. 24, ch. 96-406.

97.061  Special registration for electors requiring assistance.--

(1)  Any person who is eligible to register and who is unable to read or write or who, because of some disability, needs assistance in voting shall upon that person's request be registered by the supervisor under the procedure prescribed by this section and shall be entitled to receive assistance at the polls under the conditions prescribed by this section.

(2)  If a person is qualified to register pursuant to this section, the supervisor shall note in that person's registration record that the person needs assistance in voting.

(3)  Upon registering any person pursuant to this section, the supervisor must make a notation on the registration books or records which are delivered to the polls on election day that such person is eligible for assistance in voting, and the supervisor may issue such person a special registration identification card or make some notation on the regular registration identification card that such person is eligible for assistance in voting. Such person shall be entitled to receive the assistance of two election officials or some other person of his or her own choice, other than the person's employer, the agent of the person's employer, or an officer or agent of the person's union, without the necessity of executing the "Declaration to Secure Assistance" prescribed in s. 101.051. Such person shall notify the supervisor of any change in his or her condition which makes it unnecessary for him or her to receive assistance in voting.

History.--s. 14, ch. 6469, 1913; RGS 318; CGL 375; s. 3, ch. 25388, 1949; s. 6, ch. 25391, 1949; s. 1, ch. 26870, 1951; s. 3, ch. 28156, 1953; s. 1, ch. 59-446; s. 1, ch. 61-358; s. 4, ch. 65-60; s. 3, ch. 77-175; s. 1, ch. 79-366; s. 2, ch. 81-304; s. 1, ch. 84-302; s. 15, ch. 94-224; s. 1384, ch. 95-147.

Note.--Former ss. 97.06 and 102.21.

97.071  Registration identification card.--

(1)  A registration identification card must be furnished to all voters registering under the permanent single registration system and must contain:

(a)  Voter's registration number.

(b)  Date of registration.

(c)  Full name.

(d)  Party affiliation.

(e)  Date of birth.

(f)  Race or ethnicity, if provided by the applicant.

(g)  Sex, if provided by the applicant.

(h)  Address of legal residence.

(i)  Precinct number.

(j)  Name of supervisor.

(k)  Place for voter's signature.

(l)  Other information deemed necessary by the department.

(2)  A voter may receive a replacement of a registration identification card by providing a signed, written request for a replacement card to the supervisor. Upon verification of registration, the supervisor shall issue the voter a duplicate card without charge.

(3)  In the case of a change of name, address, or party affiliation, the supervisor must issue the voter a new registration identification card. However, a registration identification card indicating a party affiliation change made between the book-closing date for the first primary election and the date of the second primary election may not be issued until after the second primary election.

History.--s. 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 191, 192; RGS 235, 236; CGL 288, 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 26870, 1951; s. 10, ch. 27991, 1953; s. 6, ch. 65-60; s. 8, ch. 69-377; ss. 10, 35, ch. 69-106; s. 18, ch. 94-224; s. 28, ch. 97-13; s. 7, ch. 98-129; s. 2, ch. 2000-250; s. 4, ch. 2002-189.

Note.--Former ss. 98.31 and 98.32.

97.073  Disposition of voter registration applications; cancellation notice.--

(1)  The supervisor must notify each applicant of the disposition of the applicant's voter registration application. The notice must inform the applicant that the application has been approved, is incomplete, has been denied, or is a duplicate of a current registration. A registration identification card sent to an applicant constitutes notice of approval of registration. If the application is incomplete, the supervisor must request that the applicant supply the missing information in writing and sign a statement that the additional information is true and correct. A notice of denial must inform the applicant of the reason the application was denied.

(2)  Within 2 weeks after approval of a voter registration application that indicates that the applicant was previously registered in another jurisdiction, the supervisor must notify the registration official in the prior jurisdiction that the applicant is now registered in the supervisor's county.

History.--s. 19, ch. 94-224; s. 62, ch. 2001-40.

97.1031  Notice of change of residence within the same county, change of name, or change of party.--

(1)  When an elector moves from the address named on that person's voter registration record to another address within the same county, the elector must provide notification of such move to the supervisor of elections of that county. The elector may provide the supervisor a signed, written notice or may notify the supervisor by telephone or electronic means. However, notification of such move other than by signed, written notice must include the elector's date of birth. A registration identification card reflecting the new address of legal residence shall be issued to the elector as provided in subsection (4).

(2)  When the name of an elector is changed by marriage or other legal process, the elector must provide a signed, written notification of such change to the supervisor and obtain a registration identification card reflecting the new name.

(3)  When an elector seeks to change party affiliation, the elector must provide a signed, written notification of such intent to the supervisor and obtain a registration identification card reflecting the new party affiliation, subject to the issuance restriction in s. 97.071(3).

(4)  The supervisor shall make the necessary changes in the elector's records as soon as practical upon receipt of such notice of a change of address of legal residence, name, or party affiliation and shall issue the new registration identification card as required by s. 97.071(3).

History.--s. 7, ch. 78-403; s. 5, ch. 80-292; s. 21, ch. 94-224; s. 29, ch. 97-13; s. 31, ch. 99-2; s. 3, ch. 2000-250; s. 5, ch. 2002-189.

97.105  Permanent single registration system established.--A permanent single registration system for the registration of electors to qualify them to vote in all elections is provided for the several counties and municipalities. This system shall be put into use by all municipalities and shall be in lieu of any other system of municipal registration. Electors shall be registered in pursuance of this system by the supervisor or by a deputy supervisor, and electors registered shall not thereafter be required to register or reregister except as provided by law.

History.--s. 1, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 59-237; s. 2, ch. 69-377; s. 1, ch. 73-155; s. 32, ch. 73-333; s. 5, ch. 77-175; s. 23, ch. 94-224.

Note.--Former s. 97.01; s. 98.041.