The Florida Senate

98.015  Supervisor of elections; election, tenure of office, compensation, custody of books, office hours, successor, seal; appointment of deputy supervisors; duties.

98.045  Administration of voter registration.

98.055  Registration list maintenance forms.

98.065  Registration list maintenance programs.

98.075  Other registration list maintenance activities.

98.077  Update of voter signature.

98.081  Names removed from registration books; restrictions on reregistering; recordkeeping; restoration of erroneously or illegally removed names.

98.093  Duty of officials to furnish lists of deceased persons, persons adjudicated mentally incapacitated, and persons convicted of a felony.

98.095  County registers open to inspection; copies.

98.0977  Statewide voter registration database; operation and maintenance.

98.0979  Statewide voter registration database open to inspection; copies.

98.101  Specifications for permanent registration binders, files, and forms.

98.122  Use of closed captioning and descriptive narrative in all television broadcasts.

98.181  Supervisor of elections to make up indexes or records.

98.212  Supervisors to furnish statistical and other information.

98.231  Supervisor of elections to furnish Department of State number of registered electors.

98.255  Voter education programs.

98.451  Registration; automation in processing.

98.461  Registration form, precinct register; contents.

98.481  Challenge to electors.

98.015  Supervisor of elections; election, tenure of office, compensation, custody of books, office hours, successor, seal; appointment of deputy supervisors; duties.--

(1)  A supervisor of elections shall be elected in each county at the general election in each year the number of which is a multiple of four for a 4-year term commencing on the first Tuesday after the first Monday in January succeeding his or her election. Each supervisor shall, before performing any of his or her duties, take the oath prescribed in s. 5, Art. II of the State Constitution.

(2)  The supervisor's compensation shall be paid by the board of county commissioners.

(3)  The supervisor is the official custodian of the registration books and has the exclusive control of matters pertaining to registration of electors.

(4)  At a minimum, the office of the supervisor must be open Monday through Friday, excluding legal holidays, for a period of not less than 8 hours per day, beginning no later than 9 a.m.

(5)  The supervisor shall preserve statements and other information required to be filed with the supervisor's office pursuant to chapter 106 for a period of 10 years from date of receipt.

(6)  The supervisor shall, upon leaving office, deliver to his or her successor immediately all records belonging to the office.

(7)  Each supervisor is authorized to obtain for the office an impression seal approved by the department. An impression of the seal with a description thereof shall be filed with the department. The supervisor is empowered to attach an impression of the seal upon official documents and certificates executed over the supervisor's signature and take oaths and acknowledgments under the supervisor's seal in matters pertaining to the office. However, said seal need not be affixed to registration certificates.

(8)  Each supervisor may select and appoint, subject to removal by the supervisor, as many deputy supervisors as are necessary, whose compensation must be paid by the supervisor and who shall have the same powers and whose acts shall have the same effect as the acts of the supervisor; except that the supervisor shall limit the power to appoint deputy supervisors to designated deputy supervisors. Each deputy supervisor shall, before entering office, take an oath in writing that he or she will faithfully perform the duties of the deputy supervisor's office, which oath must be acknowledged by the supervisor or a designated deputy supervisor and must be filed in the office of the supervisor.

(9)  Each supervisor must make training in the proper implementation of voter registration procedures available to any individual, group, center for independent living, or public library in the supervisor's county.

(10)  Each supervisor must ensure that all voter registration and list maintenance procedures conducted by such supervisor are in compliance with any applicable requirements for that county under the Voting Rights Act of 1965.

(11)  Each supervisor of elections shall forward to the property appraiser for the county in which the homestead is claimed the name of the person and the address of the homestead of each person who registers to vote at an address other than that at which the person claims a homestead exemption, as disclosed on the uniform statewide voter registration application pursuant to s. 97.052.

History.--chs. 3700, 3704, 1887; s. 8, ch. 3879, 1889; RS 162; s. 9, ch. 4328, 1895; GS 179, 180; s. 1, ch. 5614, 1907; s. 1, ch. 9271, 1923; RGS 223, 224; CGL 258, 259; ss. 1, 2, ch. 22759, 1945; s. 2, ch. 26870, 1951; s. 10, ch. 65-134; ss. 10, 11, 35, ch. 69-106; s. 33, ch. 69-216; s. 5, ch. 77-175; s. 25, ch. 94-224; s. 1385, ch. 95-147; s. 17, ch. 98-34; s. 2, ch. 98-129.

Note.--Former ss. 98.13, 98.14, 98.17; s. 98.161.

98.045  Administration of voter registration.--

(1)  Each supervisor must ensure that any eligible applicant for voter registration is registered to vote. Once a voter is registered, the name of that voter may not be removed from the registration books except at the written request of the voter, by reason of the voter's conviction of a felony or adjudication as mentally incapacitated with respect to voting, by death of the voter, or pursuant to a registration list maintenance program or other registration list maintenance activity conducted pursuant to s. 98.065, s. 98.075, or s. 98.0977.

(2)  Information received by a supervisor from an election official in another jurisdiction indicating that a voter in the supervisor's county has registered to vote in that other jurisdiction shall be considered as a written request from the voter to have the voter's name removed from the registration books of the supervisor's county.

(3)  Notwithstanding the provisions of ss. 98.095 and 98.0977, each supervisor shall maintain for at least 2 years, and make available for public inspection and copying, all records concerning implementation of registration list maintenance programs and activities conducted pursuant to ss. 98.065, 98.075, and 98.0977. The records must include lists of the name and address of each person to whom an address confirmation final notice was sent and information as to whether each such person responded to the mailing, but may not include any information that is confidential or exempt from public records requirements under this code.

History.--s. 26, ch. 94-224; s. 36, ch. 97-13; s. 2, ch. 2002-17; s. 7, ch. 2003-415.

98.055  Registration list maintenance forms.--The department shall prescribe registration list maintenance forms to be used by the supervisors which must include:

(1)  An "address confirmation request" that must contain:

(a)  The voter's name and address of legal residence as shown on the voter registration record.

(b)  A request that the supervisor be informed if either the name or address of legal residence of the voter is incorrect.

(2)  An "address confirmation final notice," which must be sent by forwardable mail and must contain a postage prepaid preaddressed return form and a statement that:

(a)  If the voter has not changed address of legal residence or has changed address of legal residence within the county, the voter should return the return form within 30 days after the date of the notice.

(b)  If the return form is not returned and the voter does not offer to vote by the second general election thereafter, the voter's name will be removed from the voter registration books.

(c)  If the voter has changed address of legal residence to a location outside the county:

1.  The voter should return the return form, which will serve as a request to be removed from the registration books; and

2.  The voter will be provided with information on how to register in the new jurisdiction in order to be eligible to vote.

History.--s. 27, ch. 94-224.

98.065  Registration list maintenance programs.--

¹(1)  The supervisor must conduct a general registration list maintenance program to protect the integrity of the electoral process by ensuring the maintenance of accurate and current voter registration records. The program must be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965.

(2)  A supervisor must incorporate one or more of the following procedures in the supervisor's biennial registration list maintenance program under which:

(a)  Change-of-address information supplied by the United States Postal Service through its licensees is used to identify registered voters whose addresses might have changed;

(b)  Change-of-address information is identified from returned nonforwardable return-if-undeliverable mail sent to all registered voters in the county; or

(c)  Change-of-address information is identified from returned nonforwardable return-if-undeliverable address confirmation requests mailed to all registered voters who have not voted in the last 2 years and who did not make a written request that their registration records be updated during that time.

(3)  A registration list maintenance program must be conducted by each supervisor, at a minimum, in each odd-numbered year and must be completed not later than 90 days prior to the date of any federal election. A voter's name may not be removed from the registration books later than 90 days prior to the date of a federal election. However, nothing in this section shall preclude the removal of the name of a voter from the voter registration books, at any time and without prior notification, upon the written request of the voter, by reason of conviction of the voter of a felony, by reason of adjudication of the voter as mentally incapacitated with respect to voting, by reason of the death of the voter, or upon a determination of ineligibility as provided in s. 98.075(3).

(4)  If the supervisor receives change-of-address information from the United States Postal Service or its licensees or from jury notices signed by the voter and returned to the courts, which indicates that:

(a)  The voter has moved within the supervisor's county, the supervisor must change the registration records to show the new address and must send the voter a notice of the change by forwardable mail, including a postage prepaid preaddressed return form with which the voter may verify or correct the address information.

(b)  The voter has moved outside the supervisor's county, or contains no forwarding address, the supervisor shall send an address confirmation final notice and remove the name of the voter from the registration record if that voter did not:

1.  Return the postage prepaid preaddressed return form;

2.  Appear to vote;

3.  Change the voter's registration; or

4.  Request an absentee ballot

during the period beginning on the date when the address confirmation final notice was sent and ending on the day after the date of the second general election thereafter.

(5)  The supervisor must designate as inactive all voters who have been sent an address confirmation final notice and who have not returned the postage prepaid preaddressed return form within 30 days. A voter on the inactive list must be allowed to vote and to change the voter's name or address of legal residence at the polls pursuant to s. 101.045. Names on the inactive list may not be used to calculate the number of signatures needed on any petition or the quantity of voting equipment needed.

History.--s. 28, ch. 94-224; s. 6, 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." Line item 2871I of the 2004-2005 General Appropriations Act appropriates $11.6 million for distribution to the counties for one disability-compliant machine per polling place. For purposes of the effect of ch. 2002-281, 1 year after adoption of this appropriation would be July 1, 2005. Effective July 1, 2005, subsection (1) will read:

(1)  The supervisor must conduct a general registration list maintenance program to protect the integrity of the electoral process by ensuring the maintenance of accurate and current voter registration records. The program must be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965. As used in this subsection, the term "nondiscriminatory" applies to and includes persons with disabilities.

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.

98.077  Update of voter signature.--The supervisor of elections shall provide to each registered voter of the county the opportunity to update his or her signature on file at the supervisor's office by providing notification of the ability to do so in any correspondence, other than postcard notifications, sent to the voter. The notice shall advise when, where, and how to update the signature and shall provide the voter information on how to obtain a form from the supervisor that can be returned to update the signature. In addition, at least once during each general election year, the supervisor shall publish in a newspaper of general circulation or other newspaper in the county deemed appropriate by the supervisor a notice specifying when, where, or how a voter can update his or her signature that is on file or how a voter can obtain a form from the supervisor to do so.

History.--s. 8, ch. 2002-189.

98.081  Names removed from registration books; restrictions on reregistering; recordkeeping; restoration of erroneously or illegally removed names.--

(1)  Any person who requested that his or her name be removed from the registration books between the book-closing date of the first primary and the date of the second primary may not register in a different political party until after the date of the second primary election.

(2)  When the name of any elector is removed from the registration books pursuant to s. 98.065, s. 98.075, or s. 98.093, the elector's original registration form shall be filed alphabetically in the office of the supervisor. As alternatives, registrations removed from the registration books may be microfilmed and such microfilms substituted for the original registration forms; or, when voter registration information, including the voter's signature, is maintained digitally or on electronic, magnetic, or optic media, such stored information may be substituted for the original registration form. Such microfilms or stored information shall be retained in the custody of the supervisor. In the event the original registration forms are microfilmed or maintained digitally or on electronic or other media, such originals may be destroyed in accordance with the schedule approved by the Bureau of Archives and Records Management of the Division of Library and Information Services of the department.

(3)  When the name of any elector has been erroneously or illegally removed from the registration books, the name of the elector shall be restored by the supervisor upon satisfactory proof, even though the registration period for that election is closed.

History.--s. 8, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 61-86; s. 5, ch. 77-175; s. 1, ch. 78-102; s. 14, ch. 79-365; s. 8, ch. 80-292; s. 45, ch. 81-259; s. 18, ch. 81-304; s. 7, ch. 82-143; s. 3, ch. 90-315; s. 30, ch. 94-224; s. 1387, ch. 95-147.

Note.--Former s. 97.08.

98.093  Duty of officials to furnish lists of deceased persons, persons adjudicated mentally incapacitated, and persons convicted of a felony.--

(1)  The Department of Health shall furnish monthly to each supervisor of elections a list containing the name, address, date of birth, race, and sex of each deceased person 17 years of age or older who was a resident of such supervisor's county.

(2)  Each clerk of the circuit court shall, at least once each month, deliver to each supervisor of elections a list stating the name, address, date of birth, race, and sex of each person convicted of a felony during the preceding calendar month who was a resident of that supervisor's county, a list stating the name, address, date of birth, race, and sex of each person adjudicated mentally incapacitated with respect to voting during the preceding calendar month who was a resident of that supervisor's county, and a list stating the name, address, date of birth, race, and sex of each person whose mental capacity with respect to voting has been restored who was a resident of that supervisor's county.

(3)  Upon receipt of information from the United States Attorney, listing persons convicted of a felony in federal court, the department shall immediately forward such information to the supervisor of elections for the county where the offender resides.

(4)  Upon receipt of any such list, the supervisor shall remove from the registration books the name of any person listed who is deceased, convicted of a felony, or adjudicated mentally incapacitated with respect to voting. A person who has had his or her mental capacity with respect to voting restored or who has had his or her right to vote restored after conviction of a felony shall be required to reregister to have his or her name restored to the registration books.

(5)  Nothing in this section shall limit or restrict the supervisor in his or her duty to remove the names of such persons from the registration books after verification of information received from other sources.

History.--s. 3, ch. 14730, 1931; CGL 1936 Supp. 302(1); s. 10, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 29917; s. 9, ch. 29934, 1955; s. 33, ch. 73-333; s. 27, ch. 77-147; s. 5, ch. 77-175; s. 32, ch. 94-224; s. 1388, ch. 95-147; s. 7, ch. 99-8.

Note.--Former s. 98.41; s. 98.301.

98.095  County registers open to inspection; copies.--

(1)(a)1.  The registration books of each county in this state are public records. Any citizen of the state is allowed to examine the registration books of any county while they are in the custody of the supervisor of that county, but is not allowed to make copies or extracts therefrom except as provided by this section.

2.  Within 15 days of a request for voter registration information, the supervisor shall furnish any requested information, excluding only a voter's signature and social security number and such other information that is by statute specifically made confidential or is exempt from public records requirements, which the supervisor maintains pursuant to "The Florida Election Code."

(b)  Notwithstanding paragraph (a), if after the most recent election there is a request for information relating to electors who voted in that election, within 15 days of the request the supervisor shall either provide the information or allow the persons, entities, or agents thereof, as authorized in this section, to personally extract or copy the information.

(c)  Actual costs of duplication of information authorized by this section for release to the public shall be charged in accordance with the provisions of s. 119.07.

(2)  The information provided by the supervisor pursuant to this section shall be furnished only to:

(a)  Municipalities;

(b)  Other governmental agencies;

(c)  Candidates, to further their candidacy;

(d)  Registered political committees, registered committees of continuous existence, and political parties or officials thereof, for political purposes only; and

(e)  Incumbent officeholders, to report to their constituents.

Such information shall not be used for commercial purposes. No person to whom a list of registered voters is made available pursuant to this section, and no person who acquires such a list, shall use any information contained therein for purposes which are not related to elections, political or governmental activities, voter registration, or law enforcement.

(3)  Any person who acquires a list of registered voters from the office of the supervisor shall take and subscribe to an oath which shall be in substantially the following form:

I hereby swear or affirm that I am a person authorized by s. 98.095, Florida Statutes, to acquire information on registered voters of _____ County, Florida; that the information acquired will be used only for the purposes prescribed in that section and for no other purpose; and that I will not permit the use or copying of such information by persons not authorized by the Election Code of the State of Florida.

 (Signature of person acquiring list) 

Sworn to and subscribed before me this _____ day of _____,  (year) .

 (Signature and title of person administering oath) 

Note.--Former s. 102.25; s. 98.211.

98.0977  Statewide voter registration database; operation and maintenance.--

(1)  The department shall operate and maintain the statewide, on-line voter registration database and associated website until such time as the statewide voter registration system required to be developed pursuant to the Help America Vote Act of 2002 is operational. The database shall contain voter registration information from each of the 67 supervisors of elections in this state and shall be accessible through an Internet website. The system shall provide functionality for ensuring that the database is updated on a daily basis to determine if a registered voter is ineligible to vote for any of the following reasons, including, but not limited to:

(a)  The voter is deceased;

(b)  The voter has been convicted of a felony and has not had his or her civil rights restored; or

(c)  The voter has been adjudicated mentally incompetent and his or her mental capacity with respect to voting has not been restored.

The database shall also allow for duplicate voter registrations to be identified.

(2)  The Department of State shall not contract with any private entity for the operation of the statewide voter registration database.

(3)(a)  In administering the database, each supervisor of elections shall compare registration information provided by a voter with information held by the Department of Law Enforcement, the Board of Executive Clemency, the Office of Vital Statistics, and other relevant sources.

(b)  The supervisor of elections shall remove from the voter registration rolls the name of any person who is listed in the database as deceased.

(c)  Information in the database indicating that a person registered to vote in a given county has subsequently registered to vote in another jurisdiction shall be considered as a written request from that voter to have his or her name removed from the voter registration rolls of that county, and the supervisor of elections of that county shall remove that voter's name from the county's voter registration rolls.

(d)  When the supervisor of elections finds information through the database that suggests that a voter has been convicted of a felony and has not had his or her civil rights restored or has been adjudicated mentally incompetent and his or her mental capacity with respect to voting has not been restored, the supervisor of elections shall notify the voter by certified United States mail. The notification shall contain a statement as to the reason for the voter's potential ineligibility to be registered to vote and shall request information from the voter on forms provided by the supervisor of elections. As an alternative, the voter may attend a hearing at a time and place specified in the notice. If there is evidence that the notice was not received, notice must be given once by publication in a newspaper of general circulation in the county. The notice must plainly state that the voter is potentially ineligible to be registered to vote and must state a time and place for the person to appear before the supervisor of elections to show cause why his or her name should not be removed from the voter registration rolls. After reviewing the information provided by the voter, if the supervisor of elections determines that the voter is not eligible to vote under the laws of this state, the supervisor of elections shall notify the voter by certified United States mail that he or she has been found ineligible to be registered to vote in this state, shall state the reason for the ineligibility, and shall inform the voter that he or she has been removed from the voter registration rolls. The supervisor of elections shall remove from the voter registration rolls the name of any voter who fails either to respond within 30 days to the notice sent by certified mail or to attend the hearing.

(e)  Upon hearing all evidence in a hearing, the supervisor of elections 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.

(f)  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.

(4)  To the maximum extent feasible, state and local government entities shall facilitate provision of information and access to data to the department in order to compare information in the statewide voter registration database with available information in other computer databases, including, but not limited to, databases that contain reliable criminal records and records of deceased persons. State and local governmental agencies that provide such data shall do so without charge if the direct cost incurred by those agencies is not significant.

(5)  The duties of the supervisors of elections under this section shall be considered part of their regular registration list maintenance duties under this chapter, and any supervisor of elections who willfully refuses or willfully neglects to perform his or her duties under this section shall be in violation of s. 104.051(2).

History.--s. 70, ch. 2001-40; s. 3, ch. 2002-17; s. 6, ch. 2002-189; s. 9, ch. 2003-415.

98.0979  Statewide voter registration database open to inspection; copies.--

(1)(a)  The voter registration information of the state constitutes public records. Any citizen shall be allowed to examine the voter registration records, but may not make any copies or extract therefrom except as provided by this section.

(b)  Within 15 days after a request for voter registration information, the division or supervisor of elections shall furnish any requested information, excluding only a voter's signature, social security number, and such other information that is by statute specifically made confidential or is exempt from public records requirements. A request for county information must be made to the supervisor of elections of that county, and a request for multicounty or statewide information must be made to the division. A supervisor of elections is not responsible for providing any information other than information from the supervisor's own county.

(c)  Actual costs of duplication of information authorized by this section for release to the public shall be charged in accordance with the provisions of s. 119.07.

(2)  The information provided by the division or supervisor of elections pursuant to this section shall be furnished only to:

(a)  Municipalities;

(b)  Other governmental agencies;

(c)  Political candidates, for the purpose of furthering their candidacies;

(d)  Registered political committees, certified committees of continuous existence, and political parties or officials thereof, for political purposes only; and

(e)  Incumbent officeholders, for the purpose of reporting to their constituents.

(3)  Such information shall not be used for commercial purposes. No person to whom a list of registered voters is made available pursuant to this section, and no person who acquires such a list, shall use any information contained therein for purposes which are not related to elections, political or governmental activities, voter registration, or law enforcement.

(4)  Any person who acquires a list of registered voters from the division or supervisor of elections shall take and subscribe to an oath which shall be in substantially the following form:

I hereby swear (or affirm) that I am a person authorized by s. 98.0979, Florida Statutes, to acquire information on the registered voters of Florida; that the information acquired will be used only for the purposes prescribed in that section and for no other purpose; and that I will not permit the use or copying of such information by persons not authorized by the Election Code of the State of Florida.

 (Signature of person acquiring list) 

History.--s. 72, ch. 2001-40; s. 4, ch. 2002-17.

98.101  Specifications for permanent registration binders, files, and forms.--In the permanent registration system, visible record binders, files, and registration forms shall be used as registration books. The binders shall be visible record binders, metal bound with built-in shifts, to hold executed registration forms, with labelholders and followers for sheet protection as necessary. The registration forms shall consist of duplicates, both to be signed by the registrant. One of the original executed forms shall be used for the poll binders, which binders shall have a built-in lock to protect the forms. The poll binders shall be divided in a manner convenient for electors to vote. The other original form shall be used for the office copies and arranged alphabetically, in suitable filing cabinets, thus providing a master list of all electors in the county; however, any county may, as an alternate method, use electronic data processing equipment to fulfill the requirements of this chapter. As additional alternatives, registration forms used for office copies may be microfilmed and such microfilms substituted for the original registration forms; or, when voter registration information, including the voter's signature, is maintained digitally or on electronic, magnetic, or optic media, such stored information may be substituted for the original registration form. Such microfilms or stored information shall be retained in the custody of the supervisor of elections. In the event the original registration forms are microfilmed or maintained digitally or on electronic or other media, such originals may be destroyed in accordance with the schedule approved by the Bureau of Archives and Records Management of the Division of Library and Information Services of the Department of State.

History.--s. 3, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 7, ch. 65-134; s. 4, ch. 73-155; s. 5, ch. 77-175; s. 4, ch. 90-315.

Note.--Former s. 97.03.

98.122  Use of closed captioning and descriptive narrative in all television broadcasts.--Each candidate, political party, and political 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, 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. The Department of State may adopt rules in accordance with s. 120.54 which are necessary to administer this section.

History.--s. 7, ch. 2002-281.

98.181  Supervisor of elections to make up indexes or records.--A set of indexes or records as the supervisor may direct shall be kept in each municipality of over 25,000 population, when such municipality is not the county seat, as will enable the supervisor, or the supervisor's deputy, to provide registration services to the electors in such municipality. Such set of indexes or records may be limited to cover those persons residing in such municipality and its environs. If there be two or more such municipalities in a county, then an additional set shall be kept, or such number of sets as may be required to serve each such municipality.

History.--ss. 12, 14, ch. 3879, 1889; RS 166, 168; ss. 14, 16, ch. 4328, 1895; GS 190, 195; RGS 234, 239; CGL 287, 292; ss. 3, 7, ch. 24203, 1947; s. 8, ch. 25383, 1949; s. 2, ch. 26870, 1951; s. 6, ch. 29934, 1955; s. 12, ch. 65-134; s. 5, ch. 77-175.

Note.--Former ss. 98.30, 98.35.

98.212  Supervisors to furnish statistical and other information.--

(1)(a)  Upon written request, supervisors shall, as promptly as possible, furnish to recognized public or private universities and senior colleges within the state, to state or county governmental agencies, and to recognized political party committees statistical information for the purpose of analyzing election returns and results.

(b)  Supervisors may require reimbursement for any part or all of the actual expenses of supplying any information requested under paragraph (a). For the purposes of this subsection, supervisors may use the services of any research and statistical personnel that may be supplied.

(c)  Lists of names submitted to supervisors for indication of registration or nonregistration or of party affiliation shall be processed at any time at cost, except that in no case shall the charge exceed 10 cents for each name on which the information is furnished.

(2)  The supervisors shall provide information as requested by the department for program evaluation and reporting to the Federal Election Commission pursuant to the National Voter Registration Act of 1993.

History.--s. 2, ch. 57-810; s. 5, ch. 77-175; s. 26, ch. 79-400; s. 34, ch. 94-224; s. 40, ch. 97-13; s. 11, ch. 2003-415.

98.231  Supervisor of elections to furnish Department of State number of registered electors.--The supervisor of each county, within 15 days after the closing of registration books prior to the election, shall, for the county and for each legislative and congressional district in which such county or any portion thereof is located, advise the Department of State of the total number of registered electors of each political party in which any elector has registered and the number of electors registered as independents or without party affiliation.

History.--s. 17, ch. 6469, 1913; RGS 321; CGL 378; s. 3, ch. 25379, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 61-84; ss. 10, 35, ch. 69-106; s. 5, ch. 77-175.

Note.--Former s. 102.24.

98.255  Voter education programs.--

(1)  By March 1, 2002, the Department of State shall adopt rules prescribing minimum standards for nonpartisan voter education. In developing the rules, the department shall review current voter education programs within each county of the state. The standards shall address, but are not limited to, the following subjects:

(a)  Voter registration;

(b)  Balloting procedures, absentee and polling place;

(c)  Voter rights and responsibilities;

(d)  Distribution of sample ballots; and

(e)  Public service announcements.

(2)  Each county supervisor shall implement the minimum voter education standards, and shall conduct additional nonpartisan education efforts as necessary to ensure that voters have a working knowledge of the voting process.

(3)(a)  By December 15 of each general election year, each supervisor of elections shall report to the Department of State a detailed description of the voter education programs implemented and any other information that may be useful in evaluating the effectiveness of voter education efforts.

(b)  The Department of State, upon receipt of such information, shall prepare a public report on the effectiveness of voter education programs and 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.

(c)  The Department of State shall reexamine the rules adopted pursuant to subsection (1) and consider the findings in the report as a basis for adopting modified rules that incorporate successful voter education programs and techniques, as necessary.

History.--s. 9, ch. 80-292; s. 1, ch. 83-16; s. 530, ch. 95-147; s. 59, ch. 2001-40.

98.451  Registration; automation in processing.--For the purpose of providing a supplemental and alternative procedure for the registration of electors and for conducting elections, the supervisor of elections may require a system of automation in the processing of registration data, and may make use of computers and data processing equipment and records adaptable for efficiency in conducting elections.

History.--s. 1, ch. 77-267.

98.461  Registration form, precinct register; contents.--A registration form, approved by the Department of State, containing the information required in s. 97.052 shall be filed alphabetically in the office of the supervisor as the master list of electors of the county. However, the registration forms may be microfilmed and such microfilms substituted for the original registration forms; or, when voter registration information, including the voter's signature, is maintained digitally or on electronic, magnetic, or optic media, such stored information may be substituted for the original registration form. Such microfilms or stored information shall be retained in the custody of the supervisor of elections. In the event the original registration forms are microfilmed or maintained digitally or on electronic or other media, such originals may be destroyed in accordance with the schedule approved by the Bureau of Archives and Records Management of the Division of Library and Information Services of the Department of State. As an alternative, the information from the registration form, including the signature, may be electronically reproduced and stored as provided in s. 98.451. A computer printout shall be used at the polls as a precinct register in lieu of the registration books. The precinct register shall contain the date of the election, the precinct number, and the following information concerning each registered elector: last name, first name, and middle name or initial; party affiliation; residence address; registration number; date of birth; sex, if provided; race, if provided; whether the voter needs assistance in voting; and such other additional information as to readily identify the elector. The precinct register shall also contain a space for the elector's signature and a space for the initials of the witnessing clerk or inspector.

History.--s. 1, ch. 77-267; s. 1, ch. 86-200; s. 6, ch. 90-315; s. 36, ch. 94-224; s. 30, ch. 97-13; s. 9, ch. 98-129; s. 12, ch. 2003-415.

98.481  Challenge to electors.--In any county using a precinct register in lieu of registration books at the polls, the right to vote of any person who desires to vote may be challenged in accordance with the provisions of s. 101.111, except that the inspector shall compare information supplied by such person with that entered or described on the precinct register opposite the elector's name.

History.--s. 1, ch. 77-267.