Florida Senate - 2012                                     SB 116
       
       
       
       By Senator Wise
       
       
       
       
       5-00231-12                                             2012116__
    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
    8         date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 100.241, Florida Statutes, is amended to
   13  read:
   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
   36  freeholder.
   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.