Florida Senate - 2012 SB 116
By Senator Wise
1 A bill to be entitled
2 An act relating to freeholder voting; amending s.
3 100.241, F.S.; permitting the submission of a written
4 declaration to establish that an elector is a
5 freeholder and qualified to vote in an election or
6 referendum limited to freeholders who are qualified to
7 vote; providing penalties; providing an effective
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Section 100.241, Florida Statutes, is amended to
14 100.241 Freeholder voting; election; penalties for
15 ineligible persons who vote as freeholders.—
16 (1) In any election or referendum in which only electors
17 who are freeholders are qualified to vote, the regular
18 registration books covering the precincts located within the
19 geographical area in which the election or referendum is to be
20 held shall be used.
21 (2) Qualification and registration of electors
22 participating in a freeholder
such an election or referendum
23 subject to this section shall be the same as prescribed for
24 voting in other elections under this code, and, in addition,
25 each such elector shall submit proof by affidavit made before an
26 inspector, or submit a written declaration as provided in s.
27 92.525, that the elector is a freeholder who is a qualified
28 elector residing in the county, district, or municipality in
29 which the election or referendum is to be held.
30 (3) Each registered elector who makes a sworn affidavit of
31 ownership to the inspectors, or submits a written declaration as
32 provided in s. 92.525, giving either a legal description,
33 address, or location of property in the elector’s name which is
34 not wholly exempt from taxation is shall be entitled to vote in
35 the election or referendum and is shall be considered a
37 (4) The actual costs of conducting a freeholder such
38 freeholders’ election or referendum subject to this section
39 shall be paid by the county, district, or municipality requiring
40 the election or referendum same to be held.
41 (5) A It is unlawful for any person may not to vote in any
42 county, district, or other election or referendum which is
43 limited to a vote of the electors who are freeholders, unless
44 the such person is a freeholder and a qualified elector. A Any
45 person who violates the provisions of this subsection commits is
46 guilty of a misdemeanor of the first degree, punishable as
47 provided in s. 775.082 or s. 775.083.
48 (6) A person who knowingly makes a false written
49 declaration as provided in subsection (2) commits perjury by
50 false written declaration, a felony of the third degree,
51 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
52 Section 2. This act shall take effect July 1, 2012.