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2004 Florida Statutes
Other registration list maintenance activities.
98.075 Other registration list maintenance activities.--
(1) The supervisor may send an address confirmation request to any voter whose name is on the list of drivers who have been removed by the Department of Highway Safety and Motor Vehicles from its driver's license database by reason of being licensed in another state. If the address confirmation request is returned to the supervisor by the United States Postal Service with change-of-address information, the supervisor must proceed in accordance with the procedures in s. 98.065(4).
(2) The supervisor may send an address confirmation request to any voter whom the supervisor has reason to believe has moved from his or her legal residence. If the address confirmation request is returned to the supervisor by the United States Postal Service with change-of-address information, the supervisor must proceed in accordance with the procedures in s. 98.065(4).
(3)(a) When the supervisor believes that a voter is not at least 18 years of age, is not a citizen of the United States, is a fictitious person, or has listed a residence that is not his or her legal residence, the supervisor must notify the person at his or her last known address by certified mail. If there is evidence that the notice was not received, notice must be given by publication in a newspaper of general circulation in the county where the person was last registered or last known. The notice by publication must run one time. The notification must plainly state that the registration is allegedly invalid and must be in the form of a notice to show cause why the person's name should not be removed from the registration books. The notice must state a time and place for the person so notified to appear before the supervisor to show cause why his or her name should not be removed.
(b) Upon hearing all evidence in an administrative hearing, the supervisor must determine whether there is sufficient evidence to strike the person's name from the registration books. If the supervisor determines that there is sufficient evidence, he or she must strike the name.
(c) Appeal may be taken to the circuit court in and for the county where the person was registered. Notice of appeal must be filed within the time and in the manner provided by the Florida Rules of Appellate Procedure and acts as supersedeas. Trial in the circuit court is de novo and governed by the rules of that court. Unless the person can show that his or her name was erroneously or illegally stricken from the registration books or that he or she is indigent, the person must bear the costs of the trial in the circuit court. Otherwise, the cost of the appeal must be paid by the board of county commissioners.
History.--s. 29, ch. 94-224; s. 1386, ch. 95-147.