Florida House Bill H1381 Analysis / Analysis

                    STORAGE NAME: h1381.GOS 
DATE: 3/30/2025 
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FLORIDA HOUSE OF REPRESENTATIVES 
BILL ANALYSIS 
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. 
BILL #: HB 1381 
TITLE: Elections 
SPONSOR(S): Persons-Mulicka 
COMPANION BILL: SB 1414 (Ingoglia) 
LINKED BILLS: None 
RELATED BILLS: None 
Committee References 
 Government Operations 
 
Transportation & Economic 
Development Budget 
 

State Affairs 
 
 
SUMMARY 
 
Effect of the Bill: 
The bill makes various revisions to the Florida Election code, including:  
 Revising the authority and responsibilities of the Office of Election Crimes and Security.  
 Adding violations of the Florida Election Code to the term “racketeering activity” under the Florida 
Racketeer Influenced and Corrupt Organizations act. 
 Revising the voter registration process to elicit additional citizenship information from voters. 
 Requiring the Department of Highway Safety and Motor Vehicle to include the legal status on any new or 
renewal driver licenses or identification cards. 
 Revising the list maintenance process as it relates to addresses, duplications, and deceased voters. 
 Conditioning the provision of voter registration lists to federal courts for jury selection on the court 
providing certain information. 
 Revising the list of valid identification required at the polls, for first-time voters of a vote-by-mail ballot, and 
for submission of certain cure affidavits. 
 Revising voter challenge requirements. 
 Providing additional training and requirements for poll watchers.  
 Eliminating the discretionary early voting period and revising early voting requirements. 
 Creating a pre-certification vote validation process in place of current audit and recount process. 
 
Fiscal or Economic Impact: 
The bill will likely result in a fiscal impact to state and local governments.  
 
  
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ANALYSIS 
EFFECT OF THE BILL: 
Office of Election Crimes and Security 
The bill expands the responsibilities of the Office of Election Crimes and Security (OECS) to support all of the 
Secretary of State’s duties, and not just the duties related to investigating election fraud. Additionally, the bill 
grants the OECS with authority to issue subpoenas to: 
 Bring before its duly authorized representatives any person in this state, or any person doing business in 
this state. 
 Require the production of any records relevant to an investigation. 
 Administer oaths and affirmations to witnesses who must appear before them. (Section 3) 
 
The bill provides that the OECS may file a complaint with the circuit court against any witness who fails to comply 
with a subpoena. After the complaint is filed, the court is required to take jurisdiction of the witness and subject 
matter of such complaint and direct the witness to respond to all questions and to produce all documentary 
evidence in the witness's possession. Failure of a witness to comply with the court's order constitutes a direct and  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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criminal contempt of court, and the court may punish the witness accordingly. The bill provides that the refusal by 
a witness to answer inquiries or turn over evidence on the basis that such answers or evidence will incriminate the 
witness is not a refusal to comply. (Section 3) 
 
The bill provides that when required by OECS, the sheriffs must serve and execute all process or orders. The OECS 
is authorized by the bill to pay the sheriffs for such services. (Section 3) 
 
Florida Racketeer Influenced and Corrupt Organizations (RICO) Act 
The bill provides that a violation of the Florida Election Code relating to irregularities or fraud involving voter 
registration, voting, or candidate petitions can be prosecuted as racketeering activity under the RICO Act. (Section 
70) 
 
Signature Matching Training Requirement 
The bill clarifies that mandatory signature matching training, which is required under current law, is for anyone 
whose duties require the verification of signatures for: 
 Candidate petitions. 
 Citizen initiative petitions. 
 Identification required at polls. 
 Provisional ballot voter’s certificate and affirmation or the provisional ballot cure affidavit. 
 Request for Vote-by-mail (VBM) ballots or VBM ballot. (Sections 1 and 4) 
 
Voter Registration  
 
Voter Applicant Oath  
The bill revises the oath to which each voter registration applicant is required to swear or affirm before 
registration. The voter oath must now include a statement that each applicant has carefully reviewed the 
instructions for completing the Florida Voter Registration Application, and further swears or affirms that he or she: 
 Is a United States (U.S.) citizen.  
 Understands that if false information is provided on the application, then he or she could be subject to 
criminal penalties for perjury; be fined or imprisoned; or, if he or she is not a U.S. citizen, be deported or 
refused entry to the U.S. (Section 5) 
 
Online Voter Registration System  
 
Department of State Responsibilities 
The bill requires the DOS to provide the Department of Highway Safety and Motor Vehicles (DHSMV) with the 
necessary information as required via the voter registration application to establish the applicant’s legal status as a 
U.S. Citizen. The bill requires that the DOS online voter registration system  (OVRS) generate a notice to an 
applicant if the applicant's legal status as U.S. citizen cannot be verified by the records of the DHSMV. The notice 
must provide the applicant with contact information for the applicant's supervisor of elections (supervisor) for 
further information. (Sections 6 and 8) 
 
Department of Highway Safety and Vehicles Responsibilities 
The bill provides that a driver license or Florida identification card, whether a new issuance or a renewal, to a 
qualified applicant must include the legal status of the licensee or card-holder as a U.S. citizen, an immigrant, or 
non-immigrant as last recorded in the system. The bill requires that an applicant seeking to update his or her legal 
status of immigrant or non-immigrant to a legal status of U.S. citizen upon presentation of the requisite 
documentation must be permitted to do so without paying a fee for renewal. The bill provides that DHSMV has 
until July 1, 2026, to comply with these specific requirements. (Section 69) 
 
Voter Registration Application  
The bill makes the following changes to a voter registration application process: 
 Provides that the application must be completed on the date of book closing for an election to be eligible to 
vote in that election, instead of the previous requirement that the application be completed before the date 
of book closing.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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 Clarifies that the change in address, name, or party affiliation on an application is retroactive once personal 
identifying information is verified.  
 Revises the options in which a voter may notify the supervisor of a residence address change by no longer 
allowing a person to submit the change through another signed written notice. It must be done submitting 
such changes via a voter registration application, a telephone call, or electronic submission to the 
supervisor.  
 Requires that an applicant, whose legal status of a U.S. citizen cannot be verified, must provide sufficient 
evidence to the supervisor to verify legal status before voting.  
 Requires that an applicant with an unverified legal status must be provided with a provisional ballot that 
may be counted only if the applicant's legal status as a U.S. citizen is verified by the end of the canvassing 
period or if the applicant presents evidence to the supervisor sufficient to verify the applicant's legal status 
as a U.S. citizen no later than 5 p.m. of the second day following the election.  
 Changes the deadline by which an initial voter registration application, or any updates to an existing voter 
registration record, must be entered into the statewide voter registration system from 13 days to seven 
days after receipt. (Sections 7) 
 
Eligibility of an Applicant for Voter Registration 
The bill provides that if the latest voter registration records show that an applicant was previously removed for 
ineligibility by reason of a felony conviction without voting rights restored, adjudication as mentally incapacitated 
with respect to voting without voting rights restored, death, or for not being a U.S. citizen, the supervisor must 
process the application. However, the supervisor, within seven days of receiving such application must determine 
whether the information is still credible and reliable and, if applicable, follow the procedures to notify the voter by 
mail of his or her potential ineligibility within seven days. (Section 12) 
 
Third-Party Voter Registration Organizations 
The bill provides that if the delivery of any voter registration application entrusted to a third-party voter 
registration organization is made within the 10 days before book closing, then the delivery must be made to the 
supervisor in the county in which the applicant resides and may not be made to the Division of Elections (division). 
(Section 9)  
 
List Maintenance  
The bill authorizes supervisors to: 
 Use other credible and reliable sources including commercially available data, such as address information 
from national credit reporting agencies, to compare against voter registration records to facilitate list 
address list maintenance.  
 Remove the name of a deceased registered voter from the statewide voter registration system based on a 
published obituary or notice of death, letter of probate or estate administration, or personal knowledge 
under sworn oath or affirmation of a registered voter’s death. (Sections 13 and 14)  
  
Additionally, the bill authorizes the DOS to enter into memorandums of understandings (MOUs) with other states 
to help identify interstate duplicate registrations including sharing and exchanging confidential and exempt 
information to facilitate such efforts. The bill requires that a voter’s name must be removed within seven days after 
receipt of information that a voter has registered to vote in another state. (Section 14) 
 
Verifying Legal Addresses 
The bill provides that in addition to the current requirement that a supervisor maintain a list of valid residential 
street addresses, each supervisor must also identify nonresidential addresses, including addresses for businesses 
such as storage facilities, hotels, post office boxes, correctional facilities, mail or courier services, governmental 
agencies, and mail service or forwarding delivery services. (Section 11) 
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Federal Jury Notice 
The bill conditions the provision of a list of registered voters to a federal court for purposes of jury selection on the 
court’s jury coordinator providing notice to the state regarding ineligible or potentially ineligible voters. As part of 
this notice, the jury coordinator must prepare a list of each person disqualified or potentially disqualified as a 
prospective juror from jury service due to: 
 Not being a United States citizen, a resident of the state, or a resident of the county.  
 Being convicted of a felony. 
 Being deceased. (Section 15) 
 
The notice must also contain the following information about each disqualified juror: 
 Full name. 
 Current and prior addresses. 
 Telephone number. 
 Date of birth. 
 Reason for disqualification. (Section 15) 
 
The division must provide the information to the supervisors in each county residence for a disqualified juror, and 
the supervisor must initiate list maintenance or eligibility maintenance. (Section 15) 
 
Program Evaluation and Reporting Information  
The bill provides that upon request, and in addition to information for the Election Assistance Commission (EAC), 
the supervisors must provide the DOS program evaluation and reporting information for the Legislature. The bill 
allows the DOS to adopt rules as necessary to establish the required content and acceptable formats of such 
information provided to the EAC or the Legislature. (Section 16) 
 
Candidate Qualification  
 
365-day Party Affiliation Requirement 
The bill provides that a person may not be qualified as a candidate for nomination or election and his or her name 
may not appear on the ballot if a court order becomes final and determines that: 
 The person seeking to qualify for nomination as a candidate of any political party has not been registered 
member of that party for the 365-day period preceding the beginning of qualifying; or 
 The person seeking to qualify for office as a candidate with no party affiliation has not been registered 
without party affiliation for, or has been a registered member of any political party during, the 365-day 
period preceding the beginning of qualifying. (Section 18) 
 
The bill provides that a person's compliance with the 365-day party affiliation requirement may be challenged by a 
qualified candidate or a political party with qualified candidates in the same race by filing an action in the circuit 
court for the county in which the qualifying officer is headquartered. (Section 18) 
 
Qualifying Office and Periods 
The bill revises the following qualifying timelines: 
 Persons seeking to qualify for nomination or election to federal office or office of the state attorney or the 
public defender: Moves the qualifying period to 14 days earlier. 
 Persons seeking to qualify for nomination or election to a state or multicounty district office, other than an 
office of the state attorney or public defender: Moves the qualifying period to 21 days earlier.   
 Persons seeking to qualify for nomination or election to a county office, or district office: Moves the filing 
deadline to 21 days earlier. 
 Persons seeking to qualify for election to a special district office: Moves the qualifying period to 21 days 
earlier.  
 In each year in which the Legislature apportions the state, the qualifying period for persons seeking to 
qualify for nomination or election to federal office: Moves qualifying period to 21 days earlier. (Section 19) 
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The bill provides that only a candidate who is subject to an annual filing requirement may file a verification or 
receipt of electronic filing for the purposes of qualifying only. The bill provides that after the end of the qualifying 
periods, the DOS has no more than three business days to process submitted qualifying papers. (Section 19) 
 
Qualifying Papers 
The bill allows a properly executed cashier check purchased from the candidate’s campaign account to be used for 
the qualifying payment. The bill provides that if a candidates check is returned by any bank and the candidate is 
notified by the filing officer, then such candidate has 48 hours, excluding weekends and legal holidays, after the 
notice receipt to pay the fee with a cashier’s check purchased from campaign account funds. The bill specifies that 
the completed form for appointment of a campaign treasurer and designation of campaign depository does not 
need to be resubmitted if the form on file is current. (Section 19) 
 
Special Elections  
The bill provides that primary election requirements are applicable to special primary election requirements. The 
bill provides that the Elections Canvassing Commission must certify results in accordance with current law. 
(Section 20)  
 
Identification Required for Polls, Provisional Ballot Cure Affidavits, and Vote-by-mail (VBM) Cure Affidavits 
The bill revises the list of valid picture identifications required at the polls, for first time voters who are using a 
VBM ballot, and for the submission of a provisional ballot cure affidavit or a VBM cure affidavit by: 
 Authorizing a passport card as an acceptable form of identification. 
 Authorizing any other identification card issued by any branch, department, agency, or entity of the Federal 
Government, the state, a county, or municipality.  
 Eliminating the following as acceptable forms of identification. 
o Debit or credit card. 
o Student identification. 
o Retirement center identification. 
o Neighborhood association identification. 
o Public assistance identification.  
 Specifying that a U.S. uniformed Services or Merchant Marine identification is authorized. (Sections 21, 22 
42, and 45) 
 
Voter Challenges  
The bill requires that a separate oath is required for each voter challenge. The bill allows an election official acting 
in his or her official capacity in the county to challenge the right of a person to vote in that county at the polls or 
during early voting. The bill creates a new oath form for an election official asserting an ineligibility of a voter 
based on credible and reliable information that the voter is attempting to vote illegally. (Section 23) 
 
The bill provides if the voter challenge is made at a county’s early voting site or at a polling place on the election 
day, the oath must be delivered to the clerk or inspector. The clerk or inspector must immediately deliver to the 
challenged person a copy of the oath and the challenged voter must be allowed to cast a provisional ballot. A 
challenge may be made in advance with the supervisor, but no sooner than 45 days before an election and not at 
the early voting site during the early voting period or polling place on election day. (Section 23) 
 
The bill provides specific notice requirements to voters being challenged. The voter must be notified of the 
challenge as soon as practicable by: 
 First-class mail with a copy of the written challenge, and a notice of rights. 
 E-mail, if available in the record, with a scanned copy of the written challenge and a notice of rights. 
 By call or text message, if phone number is available in the record, with instructions on how to obtain a 
copy of the written challenge and a notice of rights. (Section 23) 
 
The bill provides that in the event the challenged voter has requested a VBM ballot or has returned a voted ballot 
that has not been yet counted, the supervisor must canvass the returned ballot as a provisional ballot. (Section 23)  
 
Poll Watchers   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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The bill provides that each poll watcher must: 
 Be a qualified and registered voter of the county in which he or she serves.  
 Complete a minimum two-hour training program provided by the DOS. (Section 24) 
 
The bill authorizes poll watchers to observe and report on irregularities in the conduct of an election; however, 
they may not interfere in the orderly conduct of elections or disrupt the voting process. Poll watchers must be 
allowed to enter and watch polls in all polling rooms and early voting sites within the county in which they have 
been designated as long as the number of poll watchers at any particular polling place does not exceed the number 
as required in current law. (Section 24) 
 
The bill provides minimum requirements for the form that each party, political party, or candidate uses to request 
poll watchers. The form must include: 
 The date of election.  
 Whether the poll watcher is serving during early voting or election day.  
 The designated person's voter information card number, name, and phone number.  
 An indication that the poll watcher is a qualified registered voter in the county of service. 
 The party, the political committee, or candidate for whom the person is serving as a designated poll 
watcher.  
 An indication that the poll watcher has taken the required training program.  
 An indication that the poll watcher has accepted to serve. (Section 24) 
 
The bill specifies that the poll watcher’s identification badge must only include the poll watcher’s name and the 
candidate, political committee, or political party that the poll watcher represents. (Section 24) 
 
Ballots 
 
General Definitions 
The bill redefines the term “ballot” or “official ballot” to mean a printed sheet of paper containing contests 
including offices and candidates, constitutional amendments, and other public measures upon which a voter's 
selections are marked using a manual marking device. A ballot includes a voter-verifiable paper output upon which 
a voter's selections are marked by a voter interface device that meets voter accessibility requirements for 
individuals with disabilities. The bill eliminates the terms “marksense ballots” and “electronic or electromechanical 
device.” The bill provides that the term “voter registration agency” also includes any other federal or state office 
that is first designated by the Secretary of State to become a voter registration agency and for which such office 
accepts such designation. The bill revises the term “voting system” to mean a method of casting and processing 
votes that includes the: 
 Equipment, including hardware, firmware, and software. 
 Ballots. 
 Procedures for casting and processing votes.  
 Programs, operating manuals, supplies.  
 Reports, printouts, and other documentation necessary for the system's operation. (Section 2) 
 
The bill provides that the default voting method is a manual voting device. A voter may request and must be 
provided a voter interface device that produces a voter verifiable output. Each location where voting takes place 
must contain and make available for use both voting machines that accept paper ballots completed by voters. 
(Section 30) 
 
Specifications for Ballots 
The bill provides that ballot-on-demand technology may be used to produce early voting ballots. The bill provides 
that in a presidential preference primary only, the office title of President may be placed above the list of 
presidential candidate names for such office on a ballot. In a gubernatorial primary election, the office title of 
Governor may be placed above the names of the candidates for such office regardless of whether the candidate for 
Governor has designated a Lieutenant Governor as a running mate before the deadline. The bill eliminates the 
provision that the primary election ballot be arranged so that the offices of Governor and Lieutenant Governor are  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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joined in a single voting space to allow each voter to cast a single vote for the joint candidacies for Governor and 
Lieutenant Governor, if applicable. (Section 25) 
 
Publication of Sample Ballot Forms  
The bill revises the publication of sample ballot forms by: 
 Eliminating the provision of law that requires two sample ballots to be made available to each polling place. 
 Providing that a sample ballot may also be published through the supervisor’s website, or on a county’s 
website.  
 Providing that in lieu of the publication via newspaper or through the supervisor’s website, the sample 
ballot may be e-mailed if an e-mail address of the voter is on file. If an e-mail address of the voter is not on 
file and the voter has not opted for electronic delivery, a sample ballot may be mailed. 
 Providing that sample ballots must be available in each polling place for voters to inspect, either as a 
display or upon request. (Section 26) 
 
The bill provides that sample ballots must be sent to voters no later than seven days before the start of early voting 
as scheduled for an election in the county. A sample ballot may be in the format of an official ballot, but must be 
watermarked with the word "SAMPLE" or otherwise indicate that it is a sample ballot. (Section 26) 
 
Candidates Entitled to Have Names Printed on Ballots 
The bill repeals the law that allows candidates for political party executive committees to have his or her name 
printed on a primary election ballot. (Section 27) 
 
Restriction on Withdrawal of Certain Candidates 
The bill provides that if a qualified candidate withdraws after the end of qualifying for the primary election and his 
or her withdrawal results in the winner of a contest in the primary election becoming an unopposed candidate for 
the general election, such contest must be instead placed on the general election ballot. (Section 28) 
 
Duplicate Ballots and Public Inspection  
The bill provides that all duplicated ballots must be presented to a county’s canvassing board for review and that 
during a county canvassing board’s (CCB) determination of voter intent, a candidate, a political party official, or a 
political committee official, or an authorized designee thereof, may object to such determination. (Section 34) 
 
Vote-by-mail (VBM) 
 
Requesting a VBM Ballot 
The bill provides that a voter must initiate the request for a VBM ballot form from the supervisor as such ballots 
are not automatically mailed out to voters. The bill requires that a voter requesting a VBM ballot by mail or in 
person must use the paper or online version of the uniform statewide application to make a written request for a 
VBM ballot. The bill provides that for each VBM request received, the supervisor must record the name of the voter 
and the method of request. (Section 39) 
 
Delivery of VBM Ballots 
VBM ballots, under the bill, may be delivered personally to a voter or designee beginning on the 46th day before 
election day and through 7 p.m. on election day. However, unless there is an emergency, starting on the 10th day 
before election day and through 7 p.m. on election day, a supervisor may not deliver a VBM ballot to a voter or a 
voter's designee during the mandatory early voting period through 7 p.m. on election day. (Section 39)  
 
Privacy Sleeve  
The bill provides that a privacy sleeve may be used to enclose a marked ballot of a voter. (Section 40) 
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Secure Ballot Intake Stations 
The bill provides that a secure ballot intake station must be placed at the main office of the supervisor and at each 
designated early voting site for each election, thereby eliminating the requirement that a secure ballot intake 
station must be placed at each permanent branch office of the supervisor. The bill removes the requirement that 
each secure ballot intake station be monitored in person by an employee of a supervisor’s office. (Section 43) 
 
Absent Uniformed Services and Overseas Voters 
The bill provides that if a VBM ballot from an overseas voter is transmitted via facsimile (fax), then such ballot 
must be received by 7 p.m. on election day to be counted. The bill expands the list to whom faxed ballots may be 
returned from to include: 
 Absent uniformed services members. 
 Absent state and National Guard members. 
 First responders (i.e. law enforcement officers, firefighters, emergency medical technicians, or paramedic).  
 Overseas civilian voters due to an armed conflict involving U.S. Armed Forces or mobilization of those 
forces, including the state National Guard and reserve components. (Sections 46 and 48) 
 
Absent Voting in Emergency Situations  
The bill shifts the responsibility of adopting emergency rules for absent voting in emergency situations from the 
Elections Canvassing Commission to the DOS. The bill revises the group of voters for whom emergency rules may 
be adopted to include uniformed services, state and national guard, and first responders. (Section 49) 
 
VBM Ballot Violations 
The bill provides that the following actions are punishable as third-degree felonies: 
 Any private or commercial mail forwarding delivery courier or service who further forwards any voter's 
official VBM ballot or envelope that has been delivered to the courier's or service's address.  
 A person who physically collects a voter's request for a VBM ballot and copies or retains the voter's request 
or copies or retains a voter's personal information, such as the voter's Florida driver license number, 
Florida identification card number, social security number, or signature on such request. (Section 56) 
 
Early Voting 
The bill makes the following changes to the early voting process: 
 Allows a supervisor to designate up to two, instead of one, early voting sites per election in an area of the 
county that does not have any of the eligible early voting locations. 
 Provides that the number of designated early vote sites must be no less than the number of sites designated 
in the previously regularly scheduled general election and allows a supervisor to obtain a waiver from this 
requirement by filing notice certifying the facts and circumstances and obtaining approval from the DOS 
before the designation deadline.  
 No longer allows that early voting be offered at the discretion of the supervisor on the 15th, 14th, 13
th, 12
th, 
11
th, or second day before an election that contains state or federal races for at least eight hours per day, 
but no more than 12 hours per day.  
 Prohibits videography and other visual or audio recordings from being allowed in the polling room or early 
voting areas. (Sections 41 and 50) 
 
County Canvassing Board  
 
Membership and Duties  
The bill requires that the county court judge, who sits as a member of the county canvassing board  (CCB), be 
appointed by the chief judge of the judicial circuit in which the county is located. (Section 51) 
 
Disqualification and Removal of Members 
The bill provides what constitutes “active participation” that may disqualify a member, substitute, or alternative of 
a CCB from serving. Active participation includes publicly endorsing or donating to: 
 The campaign of any candidate who has opposition in the election being canvassed. 
 Support or oppose a public measure on the ballot being canvassed. (Section 51) 
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Legal Representation  
The bill requires a CCB to retain the county attorney for any legal representation. The CCB is authorized to retain 
other legal counsel upon the affirmative vote of at least two of the members of the board. (Section 51) 
 
Vote Validation  
The bill replaces the post-election machine recount and machine recount audit process with a pre-certification 
vote validation process. The machine vote validation procedure must be completed no later than noon on the 
seventh day after any general or other election. (Sections 35 and 51) 
 
The bill provides that after unofficial election results are reported and before the certification of each election, each 
CCB or the local board responsible for certifying the election, is required to conduct a machine vote validation 
process in all precincts. The vote validation process verifies that the votes processed through the vote tabulation 
system for a candidate for any office or a measure appearing on a ballot are not within one-half of one percent or 
less. Additionally, the vote validation process verifies that no changes in the outcome of the contest occurred. If the 
comparison of the results of the vote tabulation and the automated independent vote validation procedure reflects 
a difference of more than one-half of one percent of the results, then the proper county election official under the 
oversight of the CCB must conduct a manual review using the images in the vote validation system of the 
differences. (Sections 35 and 51) 
 
The Secretary of State is responsible for ordering such manual reviews in federal, state, or multicounty races. The 
CCB or the local board responsible for certifying the election is responsible for ordering a manual review in all 
other races. The bill provides that the manual review must include, but need not be limited to, a review of any clear 
overvotes or undervotes that appear in the automated independent vote validation system to adjudicate the voter 
intent of such differences before certification of the county's official results. (Sections 51 and 53) 
 
The bill requires the canvassing board of to publish notice on the county website, on the supervisor’s website, or 
once in one or more newspapers of general circulation in the county of the automated vote validation process. The 
vote validation process and any manual review must be open to the public. Each political party may designate one 
person with expertise in the computer field who must be allowed in the central counting room when all tests are 
being conducted and when the official votes are being counted. The designee may not interfere with the normal 
operation of the canvassing board. (Sections 35 and 53) 
 
By December 15 of each election year, the respective board certifying the election must send a vote validation 
report to the DOS. If the canvassing board is unable to complete the manual review by the deadline, the vote 
validation report submitted by the canvassing board must be identical to the initial unofficial returns and the 
submission must also include a detailed explanation of the reason it was unable to timely complete the manual 
review. (Sections 35 and 51) 
  
The bill requires DOS to submit the analysis of the summary post general election report as part of the 
consolidated conduct of election
1 and vote validation reports
2 to the Governor, the President of the Senate, and the 
Speaker of the House of Representatives by February 15 of each year following a general election. (Section 37) 
 
Nomination for Presidential Electors  
The bill revises the date by which a state executive committee of a political party must recommend candidates for 
presidential electors and deliver a certified copy to the Governor from August 24 of each presidential election year 
to the third day after the primary election of that year. The bill also provides that the Florida voter registration 
number and contact information is required for each presidential elector within that same timeline. The bill 
specifies that the contact information must include a mailing address, phone number, and e-mail address. (Section 
54) 
 
The bill also provides that the state executive committee of each political party certify to the Governor and submit 
the names of its candidates for President and Vice President of the U.S. on the same timeline, the third day after the 
                                                            
1
 The bill moves the Conduct of Election Report requirement into a new statute: S. 102.143, F.S. 
2
 The bill revises the audit report to be a voting validation report in 101.591, F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	10 
primary election in each presidential election year. Then, the Governor must certify to the DOS each political 
party's submission no later than 5 p.m. on the third day after the primary election. (Section 54)  
 
The bill changes the deadline to submit the names for no party affiliated or minor party affiliated president and 
vice-president candidates and the names for their presidential electors to the third day after the primary election. 
(Section 54) 
 
Political Activity on Behalf of a Candidate for Judicial Office 
The bill repeals the law prohibiting political activity on behalf of a candidate for judicial office. (Section 57) 
 
Campaign Finance 
 
Publicly Audited Executive Committees 
The bill provides that the term “publicly audited,” in respect to the mandatory audits required of political party 
executive committees, means an audit conducted by a licensed certified public accountant. (Section 55) 
 
Campaign Treasurers 
The bill prohibits a candidate from appointing himself or herself, or a member of the candidate's immediate family, 
as the treasurer of his or her own campaign. (Section 58) 
 
Candidate Loans 
The bill provides that if a candidate makes a loan of more than $500 to his or her own committee, the candidate 
also must file an affidavit attesting that the loan is from his or her own funds and identifying the financial 
institutions from which the loan was made and received. The affidavit must be filed with the qualifying officer 
within seven days of making such loan. The bill provides what constitutes an affidavit being accepted in a timely 
manner and provides that the affidavits are open to public inspection. A candidate the fails to submit the required 
affidavit is subject to a fine of $50 for each day the affidavit is late. (Section 59) 
 
Campaign Contributions and Limits on Foreign Nationals 
The bill prohibits the following contributions and expenditures by a foreign national in connection with an election 
of the state: 
 Any contribution or expenditure in support or opposition to a candidate for any elective office in this state, 
including an office of a political party. 
 Any contribution or expenditure in support or opposition to a statewide ballot issue or question, regardless 
of whether the ballot issue or question has yet been certified to appear on the ballot. 
 Any contribution or expenditure for the direct cost of producing or airing an electioneering 
communication. 
 Any contribution or expenditure to a candidate, campaign committee, political action committee, political 
contributing entity, legislative campaign fund, state candidate fund, to any committee created to support or 
oppose a ballot issue or question, or, to the maximum extent permitted by law and by the Constitution of 
the U.S. and the Florida Constitution, to a continuing association. (Section 60) 
 
The bill broadens the term “foreign national” for the purposes of the prohibition to mean any person who is not a 
U.S. citizen or U.S. national. Anyone who violates the above prohibitions commits a misdemeanor of the first-
degree on a first offense and commits a felony of the third-degree on a second or subsequent offense. The violator 
may be fined an amount equal to three times the amount involved in the violation or $10,000, whichever is greater. 
(Section 60) 
 
A foreign national may not promise, either expressly or implicitly, to make a prohibited contribution, expenditure, 
independent expenditure, or disbursement. Any person that knowingly does so commits a misdemeanor of the 
first-degree on a first offense and commits a felony of the third-degree on a second or subsequent offense. The 
violator may be fined an amount equal to three times the amount involved in the violation or $10,000 dollars, 
whichever is greater, and is required to return the total amount accepted to the division. (Section 60) 
  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	11 
Additionally, the bill provides that a political party, a political committee, a committee created to support or 
oppose a ballot issue or question, an electioneering communications organization, or a candidate may not 
knowingly accept or solicit, directly or indirectly, a contribution from a foreign national in connection with any 
election held in this state. The bill provides that a person who does so commits a third-degree felony. (Section 60) 
 
Commission Fee Issued by the Governor 
The bill eliminates the $10 commission fee issued by the Governor. The bill provides that a commission may not be 
issued by the Governor or attested to by the Secretary of State or bear the deal of the state until the oath of office is 
filed. (Multiple sections) 
 
RULEMAKING:  
The Florida Election Code currently grants the Secretary of State general rulemaking authority over most of the 
provisions being amended in the bill.
3 The bill grants the DOS additional rulemaking authority related to: 
 The Office of Election Crimes and Security.  
 Signature matching procedures and training. 
 Reporting of certain information to the Election Assistance Commission and the Legislature. 
 Poll watcher procedures.  
 The return of VBM ballots. 
 Emergency rules for absent voting during emergency situations. 
 Manual review and vote validation processes.  
 
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive 
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must 
have a grant of rulemaking authority and a law to implement. 
 
FISCAL OR ECONOMIC IMPACT:  
 
STATE GOVERNMENT:  
The bill will most likely have an indeterminate fiscal impact on the DOS as it requires the DOS to: 
 Provide formal signature matching procedures and training. 
 Revise voter registration requirements that may involve programming. 
 Provide poll watcher training. 
 
The bill will have an indeterminate impact on the DHSMV as it requires that department to, without charging 
applicants a fee for renewal, include on any new or renewal of a Florida driver license or identification card, the 
legal status of the applicant. A renewal and replacement identification card costs $25 and a renewal driver license 
costs $48. A replacement driver license costs $25.  
 
The bill will have an indeterminate impact on the funds that the Legislature has to appropriate as the bill 
eliminates the $10 commission fee issued by the Governor.  
 
LOCAL GOVERNMENT:  
The bill will may have an indeterminate fiscal impact on local governments for the provisions of the bill relating to: 
 Voter challenges. 
 List maintenance. 
 Vote validation and recount procedures. 
 
Additionally, the Office of Election Crimes and Security will pay the Sheriffs who serve and execute process or 
orders for the office as required.  
                                                            
3
 S. 97.012(1), F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	12 
 
RELEVANT INFORMATION 
SUBJECT OVERVIEW: 
Office of Election Crimes and Security  
The Office of Election Crimes and Security (OECS), created in 2022, aids the Secretary of State in the following 
duties:
4 
 Maintaining a voter fraud hotline.
5 
 Providing election fraud education to the public.
6 
 Conducting preliminary investigations into any irregularities or fraud involving voter registration, voting, 
candidate petition, or issue petition activities and reporting his or her findings to the statewide prosecutor 
or the state attorney for the judicial circuit in which the alleged violation occurred for prosecution, if 
warranted.
7  
 
The OECS employs nonsworn investigators
8 and has authority to review complaints and conduct preliminary 
investigations into alleged violations of the Florida Election Code or any related rule and any election 
irregularities.
9 To date, OECS has reviewed and investigated over 3,000 complaints and allegations of election 
fraud. Additionally, OECS has initiated over 1,300 independent investigations. After preliminary investigation, 
OECS refers all evidence of potential election crimes to the Florida Department of Law Enforcement, the Office of 
Statewide Prosecution or the local state attorney for the judicial circuit in which the alleged violation occurred.
10  
 
Florida Racketeer Influenced and Corrupt Organizations (RICO) Act 
The Florida RICO Act provides that a person commits “racketeering activity” when he or she commits, attempts to 
commit, conspires to commit, or solicits, coerces, or intimidates another person to commit any offense listed in s. 
895.02(8), F.S.
11  
 
The Florida RICO Act provides that it is unlawful for any person: 
 With criminal intent to receive any proceeds derived, directly or indirectly, from a pattern of racketeering 
activity
12 or through the collection of an unlawful debt
13 to use or invest, whether directly or indirectly, any 
part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any 
title to, or any right, interest, or equity in, real property or in the establishment or operation of any 
enterprise.
14 
 Through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or 
maintain, directly or indirectly, any interest in or control of any enterprise or real property. 
                                                            
4
 S. 97.022(1), F.S.  
5
 S. 97.012(12), F.S. 
6
 Id.  
7
 S. 97.012(15), F.S.  
8
 S. 97.022(4), F.S.  
9
 S. 97.022(2), F.S.  
10
 DOS, Election Crimes and Security (last visited Mar. 7, 2025).  
11
 S. 895.02, F.S. The offenses listed under s. 895.02(8), F.S., include violations of specified Florida laws (e.g., Medicaid fraud, 
workers’ compensation fraud, human trafficking, kidnapping, and drug offenses), as well as any conduct defined as 
“racketeering activity” in 18 U.S.C. § 1961.  
12
 A “pattern of racketeering activity” means engaging in at least two incidents of racketeering conduct having the same or 
similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing 
characteristics and are not isolated incidents. S. 895.02(7), F.S.  
13
 “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally 
unenforceable in this state in whole or in part because the debt was incurred or contracted in violation of specified Florida 
laws (e.g., various gambling offenses) as well as any gambling activity in violation of federal law or in the business of lending 
money at a rate usurious under state or federal law. S. 895.02(12), F.S. 
14
 “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the 
laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact 
although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A 
criminal gang as defined in s. 874.03, F.S., constitutes an enterprise. S. 895.02(5), F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	13 
 Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such 
enterprise through a pattern of racketeering activity or the collection of an unlawful debt. 
 To conspire or endeavor to violate any of the previously-described activities. 
 
A person convicted of any of those activities commits a first-degree felony,
15 and may be subject to civil remedies 
including forfeiture to the state of all property, including money, if the property is intended for use in the course of, 
derived from, or realized through acts in violation of the Florida RICO Act.
16 
 
Signature Matching Training Requirement 
It is the Secretary of State’s responsibility to provide mandatory formal signature matching training to supervisors 
of elections (supervisors) and County Canvassing Board (CCB) members. Any person whose duties require 
verification of signatures must undergo signature matching training. The Department of State (DOS) has authority 
to adopt rules governing signature matching procedures and training.
17  
 
Voter Registration 
 
Voter Applicant Oath 
A person registering to vote must subscribe to an oath where he or she: 
 Solemnly swears or affirms to protect and defend the Constitution of the United States (U.S.) and the 
Constitution of the State of Florida. 
 Affirms to be qualified to register as a voter under the Constitution and laws of the State of Florida.  
 Affirms that all information provided in the voter registration application is true.
18 
 
Online Voter Registration System 
 
Department of State’s Responsibilities  
The Online Voter Registration System (OVRS), is the internet website supported by the DOS, where an applicant 
may submit a voter registration application, update his or her voting record, and submit information necessary to 
establish his or her eligibility to vote.
19 The OVRS has the capability to compare the Florida driver license number 
or Florida identification number submitted with information maintained by the Department of Highway Safety and 
Motor Vehicles (DHSMV) to confirm that the name and date of birth on the application are consistent with the 
records of the DHSMV.
20 If the applicant’s name and date of birth are consistent with the records of the DHSMV, the 
OVRS transmits the applicant’s registration application, along with the digital signature of the applicant on file with 
the DHSMV, to the supervisor.
21 If the applicant’s name and date of birth cannot be verified by the records of the 
DHSMV, or if the applicant indicated that he or she has not been issued a Florida driver license or Florida 
identification card, the OVRS must populate the applicant’s information into a printable voter registration 
application and direct the applicant to print, sign, and date the application and deliver the application to the 
supervisor for disposition.
22 Upon submission of a completed OVRS application, the website must generate an 
immediate electronic confirmation that the supervisor has received the application and provide instructions 
regarding the ability of a registrant to check the status of the application.
23 
 
Department of Highway Safety and Motor Vehicles Responsibilities 
Current law does not require driver licenses or identification cards to include the legal status of the licensee or 
card-holder on the physical copy of such identifications. However, current law requires that a driver update his or 
her driver license within 30 days of becoming a U.S. citizen and provides that a person who is an unauthorized 
                                                            
15
 S. 895.04, F.S. A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Ss. 775.082 and 
775.083, F.S. 
16
 S. 895.05(2), F.S. 
17
 S. 97.012(17), F.S.  
18
 S. 97.051, F.S.  
19
 S. 97.0525(2), F.S.  
20
 S. 97.0525(4)(a), F.S.  
21
 S. 97.0525(4)(b), F.S.  
22
 S. 97.0525(4)(c), F.S. 
23
 S. 97.0525(5), F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	14 
alien or undocumented immigrant cannot be issued a driver license or identification card. As such, applicants of 
driver licenses and identification cards must provide sufficient REAL ID compliant documentation that supports 
their legal status.
24  
 
A renewal and replacement fee for an identification card is $25.
25 A renewal driver license costs $48
26 and a 
replacement driver license costs $25.
27  
 
Voter Registration Application   
A voter registration application is complete and becomes the official voter registration record of that applicant 
when all information necessary to establish the applicant’s eligibility
28 is received by a voter registration official 
and verified. If the applicant fails to complete his or her voter registration application prior to the date of book 
closing for an election, then such applicant is not be eligible to vote in that election.
29 All voter registration 
applications received by a voter registration official must be entered into the statewide voter registration system 
within 13 days after receipt.
30 
 
Eligibility of an Applicant for Voter Registration 
A person may become registered to vote only if that person: 
 Is at least 18 years of age. 
 Is citizen of the U.S. 
 Is a legal resident of the State of Florida. 
 Is a legal resident of the county in which that person seeks to be registered.  
 Registers pursuant to the Florida Election Code.
31 
 
The following persons, who might be otherwise qualified, are not entitled to register or vote: 
 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. 
 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.
32 
 
Third-Party Voter Registration Organization   
A third-party voter registration organization (3PVRO) is any person, entity, or organization soliciting or  
collecting voter registration applications.
33 3PVRO service as a fiduciary
34 to voter registration applicants when 
collecting voter registration applications. 3PVROs must ensure that any voter registration application entrusted to 
the organization, irrespective of party affiliation, race, ethnicity, or gender, is promptly delivered to the Division of 
Elections (division) within the DOS or the supervisor in the county in which the applicant resides within 10 days 
after the application is completed by the applicant, but not after registration closes for the next ensuing election. If 
                                                            
24
 Ch. 2025-1, L.O.F 
25
 S. 322.21(1) (f), F.S.  
26
 S. 322.21(1)(c), F.S.  
27
 S. 322.21(1)(e), F.S. 
28
 S. 97.053(5), F.S., provides that voter registration application is complete if it contains the following information of an 
applicant: name; address of legal residence; date of birth; affirmation of U.S. citizenship; current and valid Florida driver 
license, identification card, or last four digits of social security number; affirmation of no felony convictions or that voting 
rights have been restored; affirmation of not being adjudicated mentally incapacitated with respect to voting or that voting 
rights have been restored; and original signature or digital signature transmitted to DHSMV swearing under the penalty of 
false swearing.  
29
 S. 97.053(2), F.S.  
30
 S. 97.053(7), F.S.  
31
 S. 97.041(1)(a), F.S.  
32
 S. 97.041(2), F.S.  
33
 S. 97.021(40), F.S. This term does not include a person who seeks only to register to vote or collect voter registration 
applications from that person’s spouse, child, or parent; or a person engaged in registering to vote or collecting voter 
registration applications as an employee or agent of the DOS, supervisor, DHSMV, or a voter registration agency.  
34
 A “fiduciary” is “[s]omeone who is required to act for the benefit of another person on all matters within the scope of their 
relationship; one who owes to another the duties of good faith, loyalty, due care, and disclosure.” Black’s Law Dictionary (11th 
ed. 2019)  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	15 
a voter registration application collected by any 3PVRO is not promptly delivered to the division or supervisor in 
the county in which the applicant resides, the 3PVRO is liable for certain fines.
35  
 
Supervisor  
 
Office Hours  
At a minimum, the office of a supervisor is required to be open Monday through Friday, excluding legal holidays, at 
least eight hours per day, beginning no later than 9 a.m.
36 
 
Verifying Legal Addresses  
Each supervisor is required to maintain a list of valid residential street addresses for purposes of verifying the legal 
addresses of voters residing in the supervisor’s county. To the maximum extent practicable, the list must include 
information necessary to differentiate one residence from another, including a distinguishing apartment, suite, lot, 
room, dormitory room number, or another identifier. If a voter registration application does not include 
information necessary to differentiate one residence from another, the supervisor must make all reasonable efforts 
to obtain such information in order to maintain the list. Further, to ensure the continued accuracy of the list the 
supervisor must make all reasonable efforts to coordinate with county 911 service providers, property appraisers, 
the U.S. Postal Service, or other agencies as necessary. The supervisor must provide the list of valid residential 
addresses to the statewide voter registration system.
37 
 
List Maintenance 
 
Address Verification 
Current law provides that 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 in the statewide voter registration system.
38 As part of this required registration list maintenance program, 
the supervisor must incorporate one or more of the following procedures: 
 Use change-of-address information supplied by the U.S. Postal Service through its licensees to identify 
registered voters whose addresses might have changed. 
 Identify change-of-address information from returned nonforwardable return-if-undeliverable address 
confirmation requests sent to all registered voters in the county.
39 
 
The supervisor must, at a minimum, conduct an annual review of voter registration records to identify registration 
records in which a voter is registered at an address that may not be an address of legal residence for the voter.
40  
 
Deceased Persons 
The DOS must identify those registered voters who are deceased by comparing information received from: 
 The Department of Health. 
 The U.S. Social Security Administration.  
 The DHSMV. 
 
Once supervisors receive such information through the statewide voter registration system, the supervisor must 
remove the name of the registered voter within seven days. Additionally, supervisors must remove the name of a  
deceased registered voter upon the receipt of a copy of a death certificate issued by a governmental  
agency authorized to issue death certificates.
41 
 
Duplicate Registrations 
                                                            
35
 S. 97.0575(5)(a), F.S. 
36
 S. 98.015(4), F.S.  
37
 S. 98.015(12), F.S. 
38
 S. 98.065(1), F.S.  
39
 S. 98.065(2), F.S.  
40
 S. 98.065(6), F.S.  
41
 S. 98.075(3), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	16 
The DOS is required to identify voters who are registered more than once or applicants whose registration 
applications within the state would result in duplicate registrations.
42 Current law authorizes the DOS to become a 
member of a nongovernmental entity that shares and exchanges information in order to verify voter registration 
information. The DOS is authorized to share confidential and exempt information with such entity if each member 
of the nongovernmental entity agrees to maintain the confidentiality of such information.
43 
 
Federal Jury Notice  
Currently, federal courts use a state’s voter registration lists to select prospective jurors.
44 To be qualified for 
Federal Jury Service, an individual juror must be: 
 18-year-old citizen of the United States who has resided for one year within the judicial district.  
 Able to read, write, and understand the English language with a degree of proficiency to complete the juror 
qualification form.  
 Able to speak the English language. 
 Both mentally and physically capable of rendering satisfactory jury service.  
 Not have a pending charge or state or federal conviction for a crime punishable by imprisonment for more 
than one year.
45 
 
Program Evaluation and Reporting Information 
Current law requires supervisor to provide information as requested by the DOS for program evaluation and 
reporting to the Election Assistance Commission
46 pursuant to federal law.
47 
 
Candidate Qualification 
 
365-Day Party Affiliation Requirement 
 
Candidates of a Political Party 
Current law provides that any person seeking to qualify for nomination as a candidate of any political party must, 
at the time of subscribing to the candidate oath or affirmation,
48 state in writing, among other requirements, that 
the person has been a registered member of the political party for which he or she is seeking nomination as a 
candidate for 365 days before the beginning of qualifying preceding the general election for which the person 
seeks to qualify.
49 
 
Candidates of No Party Affiliation 
In addition, current law provides that any person seeking to qualify for office as a candidate with no party 
affiliation must, at the time of subscribing to the oath or affirmation, state in writing, among other requirements, 
that he or she is registered without any party affiliation and that he or she has not been a registered member of any 
political party for 365 days before the beginning of qualifying preceding the general election for which the person 
seeks to qualify.
50 
 
                                                            
42
 S. 98.075(2), F.S.  
43
 Id.  
44
 United States Courts, Juror Selection Process (last visited Mar. 14, 2025).   
45
 28 U.S.C. §1865(b).  
46
 U.S. Election Assistance Commission(EAC), About the EAC (last visited Mar. 1, 2025). The EAC was established by the Help 
America Vote Act (HAVA) of 2002. The EAC is an independent, bipartisan commission charged with developing guidance to 
meet HAVA requirements, adopting voluntary voting guidelines, and serving as a national clearinghouse of information in 
election administration. The EAC also administers and audits the use of HAVA funds. See also DOS, HAVA(last visited Mar. 1, 
2025). 
47
 S. 98.212(2), F.S.  
48
 S. 99.021(1)(a) and (3), F.S., requires that each candidate whether a party candidate, a candidate with no party affiliation, or 
a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office or a federal office, 
must take and subscribe to an oath or affirmation in writing. This is required before placement on the ballot. This oath is not 
required for the nomination of presidential electors or presidential preference primaries.  
49
 S. 99.021(1)(b), F.S.  
50
 S. 99.021(1)(c), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	17 
Reviewing Qualifying Papers 
The filing officer performs a ministerial function in reviewing qualifying papers. In determining whether a 
candidate is qualified, the filing officer must review the qualifying papers to determine whether all items required 
for candidate qualification have been properly filed and whether each item is complete on its face, including 
whether items that must be verified have been properly verified. The filing officer may not determine whether the 
contents of the qualifying papers are accurate.
51 
 
Jones v. Schiller 
In 2022, the First District Court of Appeal (DCA) held while the Florida Election Code requires a candidate to fill out 
an oath attesting that he or she has been a member of a party for the previous 365 days, it provides no 
enforcement mechanism to remove a person from the ballot who falsely attests to such.
52 The First DCA provided 
that this ruling “could invite bad actors to qualify for the ballot using false party affiliation statements to inject 
chaos into a party's primary.” However, the court noted, among other things, that there could be criminal and 
financial consequences to lying under oath.
53 
 
Qualifying Office and Periods 
Current law contains the following qualifying period: 
 Federal office, state attorney, public defender: 120th day before the primary election to the 116
th day.
54 
 State, county, district offices: 71st day before the primary election to the 67th day.
55 
 
In each year in which the Legislature apportions the state, the qualifying period for persons seeking to qualify for 
nomination or election to federal office: Between noon of the 71st day prior to the primary elections, but not later 
than noon of the 67th day prior to the primary election.
56 
 
A candidate who is subject to an annual filing requirement may file a verification or receipt of electronic filing. A 
candidate who is subject to an annual filing requirement may file a verification or receipt of electronic filing unless 
the candidate is required to file a full and public disclosure of financial interests.
57 The DOS must certify to the 
supervisor, within seven days after the closing date for qualifying, the names of all duly qualified candidates for 
nomination or election who have qualified with the DOS.
58 
 
Qualifying Papers 
In order for a candidate to be qualified, the following items, among others, must be received by the filing officer by 
the end of the qualifying period: 
 A properly executed check drawn upon the candidate’s campaign account payable to the person or entity as 
prescribed by the filing officer in an amount not less than the qualifying fee.
59 
 The completed form for the appointment of campaign treasurer and designation of campaign depository.
60 
 
Special Elections 
All laws that are applicable to general elections are applicable to special elections or special primary elections to 
fill a vacancy in office or nomination.
61 The Elections Canvassing Commission
62 must immediately, upon receipt of 
returns from the county in which a special election is held, proceed to canvass the returns and declare the result.
63 
                                                            
51
 S. 99.061(7)(c), F.S.  
52
 Jones v. Schiller, 345 So. 3d 406 (Fla. 1st DCA 2022).
 
 
53
 Id.; see s. 837.012, F.S.  
54
 S. 99.061(1), F.S. 
55
 Id.  
56
 S. 99.061(9), F.S.  
57
 S. 99.061(5), F.S.  
58
 S. 99.061(6), F.S.  
59
 S. 99.061(7)(a), F.S. 
60
 Id.  
61
 S. 100.111, F.S.  
62
 DOS, Elections Canvassing Commission(last visited Mar. 2, 2025). The commission was created in 1895 and canvasses the 
returns of primary and general elections for all state office, presidential elections, and U.S. Congressional elections. 
Additionally, the commission determines and declares who is elected.  
63
 S. 100.191, F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	18 
Returns must be filed no later than noon on the eighth day following a primary election and no later than noon on 
the 13th day following the general election.
64 
 
Identification Required for Voting 
Throughout the Florida Election Code, there are requirements for voters to present valid, photo identification—
when voting in person, when completing a provisional ballot
65 or vote-by-mail (VBM) cure affidavit,
66 and when for 
first-time voters using a VBM ballot.
67 The following are the acceptable forms of identification so long as they are 
valid and contain a picture identification: 
 Florida driver license or identification card issued by the DHSMV. 
 U.S. passport. 
 Debit or credit card. 
 Military identification. 
 Student identification. 
 Retirement center identification. 
 Neighborhood association identification. 
 Public assistance identification. 
 Veteran health identification card issued by the U.S. Department of Veterans Affairs. 
 A license to carry a concealed weapon or firearm. 
 Employee identification card issued by any branch, department, agency, or entity of the Federal 
Government, the state, a county, or a municipality.
68 
  
Voter Challenges   
Any registered voter or poll watcher of a county may challenge the right of a person to vote in that county. The 
challenge must be in writing and contain an oath that is delivered to the clerk or inspector.
69 The clerk or inspector 
must immediately deliver to the challenged person a copy of the oath of the person entering the challenge, and the 
challenged voter must be allowed to cast a provisional ballot.
70 A challenge may be filed in advance with the 
supervisor no sooner than 30 days before an election. The supervisor must promptly provide the election board in 
the challenged voter’s precinct with a copy of the oath of the person entering the challenge.
71  
 
Poll Watchers   
The following guidelines for the poll watchers are outlined in current law: 
 Each political party and each candidate may have one watcher in each polling room or early voting area at 
any one time during the election. A political committee formed for the specific purpose of expressly 
advocating the passage or defeat of an issue on the ballot may have one watcher for each polling room or 
early voting area at any one time during the election.
72  
 No watcher may be permitted to come closer to the officials’ table or the voting booths than is reasonably 
necessary to properly perform his or her functions, but each may be allowed within the polling room or 
early voting area to watch and observe the conduct of voters and officials.
73  
 The poll watchers may not obstruct the orderly conduct of any election.
74  
 The poll watchers may not interact with voters.
75  
 Each poll watcher must be a qualified and registered voter of the county in which he or she serves.
76 
                                                            
64
 S. 102.112(2), F.S.  
65
 S. 101.043(1)(a), F.S. 
66
 S. 101.68(4), F.S., provides for VBM Ballot Cure Affidavit is used to allow a voter to fix a signature deficiency on his or her 
VBM ballot. 
67
 S.  101.6923(2), F.S. 
68
 S. 101.043(1)(a), F.S.  
69
 S. 101.111(1)(a), F.S.  
70
 S. 101.111(1)(b), F.S.  
71
 S. 101.111(1)(c), F.S.  
72
 S. 101.131(1), F.S.  
73
 Id.  
74
 Id.  
75
 Id.  
76
 Id.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	19 
 Each party, each political committee, and each candidate requesting to have poll watchers may designate, 
in writing to the supervisors, on a form prescribed by the division.
77  
 All poll watchers must be allowed to enter and watch polls in all polling rooms and early voting areas 
within the county in which they have been designated if the number of poll watchers at any particular 
polling place does not exceed the number provided law.
78 
 The supervisor must provide to each designated poll watcher an identification badge that identifies the poll 
watcher by name. Each poll watcher must wear his or her badge while performing his or her duties.
79 
 
Ballots 
 
General Definitions  
Current law defines the following terms:  
 Ballot or official ballot: when used in reference to electronic or electromechanical devices is 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. 
 Marksense ballots: 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. 
 Voter registration agency: Any office that provides public assistance, any office that serves persons with 
disabilities, any center for independent living, or any public library. 
 Voting system: A method of casting and processing votes that functions wholly or partly by use of 
electromechanical or electronic apparatus or by use of marksense ballots and includes, but is not limited to, 
the procedures for casting and processing votes and the programs, operating manuals, supplies, printouts, 
and other software necessary for the system’s operation. 
 
Specifications for Ballots 
Polling places and early voting sites may employ a ballot-on-demand production system to print individual 
marksense ballots, including provisional ballots, for eligible voters. Ballot-on-demand technology may be used to 
produce marksense VBM and election-day ballots.
80  
 
Current law makes the following specifications to ballots: 
 The ballot must include the following office titles above the names of the candidates for the respective 
offices: The office titles of President and Vice President above the names of the candidates for President 
and Vice President of the U.S. nominated by the political party that received the highest vote for Governor 
in the last general election of the Governor in this state, followed by the names of other candidates for 
President and Vice President of the U.S. who have been properly nominated.
81 
 The primary election ballot must be arranged so that the offices of Governor and Lieutenant Governor are 
joined in a single voting space to allow each voter to cast a single vote for the joint candidacies for Governor 
and Lieutenant Governor, if applicable.
82 
 
Publication of Sample Ballot Forms 
The Florida Election Code requires that two sample ballots be made available to each polling place. The sample 
ballots must be in the form of the official ballot as it will appear at that polling place on election day. Sample ballots 
must be open to inspection by all voters in any election, and a sufficient number of reduced-size ballots may be 
made available to election officials so that one may be given to any voter.
83 
 
                                                            
77
 S. 101.131(2), F.S.  
78
 S. 101.131(4), F.S.  
79
 S. 101.131(5), F.S.  
80
 S. 101.151(1)(b), F.S.  
81
 S. 101.151(2)(a), F.S.  
82
 S. 101.151(5), F.S.  
83
 S. 101.20(1), F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	20 
Supervisors must publish a sample ballot in a newspaper of general circulation in the county, before the day of 
election. In lieu of the publication in a newspaper of general circulation, a supervisor may send a sample ballot to 
each registered voter by e-mail at least seven days before an election if an e-mail address has been provided and 
the voter has opted to receive a sample ballot by electronic delivery. If an e-mail address has not been provided, or 
if the voter has not opted for electronic delivery, a sample ballot may be mailed to each registered voter or to each 
household in which there is a registered voter at least seven days before an election.
84 
 
Candidates Entitled to Have Names Printed on Ballots 
Current law authorizes the placement of a candidate for party executive committee member on the primary 
election ballot. However, when there is only one such candidate for such an office, the name of the candidate may 
not be on the primary election ballot, and such candidate must be declared elected to the state or county executive 
committee.
85 
 
Duplicate Ballots and Public Inspection  
Current law provides that if any observer makes a reasonable objection to a duplicate of a ballot, the ballot must be 
presented to the canvassing board for a determination of the validity of the duplicate. If the duplicate ballot is 
determined to be valid, the duplicate ballot must be counted. If the duplicate ballot is determined to be invalid, the 
duplicate ballot must be rejected.
86 Current law requires that a candidate, a political party official, or a political 
committee official, or an authorized designee, must be granted reasonable access upon request to review or inspect 
ballot materials before canvassing or tabulation including duplicate ballots and corresponding originals.
87  
 
Vote-by-mail (VBM) 
 
Requesting a VBM Ballot 
A request for a VBM ballot may be made in person, in writing, by telephone, or through the supervisor’s website. 
The DOS has a uniform statewide application to make a written request for a VBM ballot.
88 
 
For each request for a VBM ballot received, the supervisor must record the following information:  
 Date the request was made. 
 Identity of the voter’s designee making the request, if any. 
 Florida driver license number or identification card number, or last four digits of the social security 
number of the voter provided with a written request. 
 Date the VBM ballot was delivered to the voter or the voter’s designee or the date the VBM ballot was 
delivered to the post office or other carrier.  
 Address to which the ballot was mailed or the identity of the voter’s designee to whom the ballot was 
delivered. 
 Date the ballot was received by the supervisor.  
 Absence of the voter’s signature on the voter’s certificate, if applicable.  
 Whether the voter’s certificate contains a signature that does not match the voter’s signature in the 
registration books or precinct register. 
  Such other information that a supervisor may deem necessary.
89 
 
Delivery of VBM Ballots 
A VBM ballot may be personally delivered to the voter or a voter’s designee after VBM ballots have been mailed 
and up to 7 p.m. on election day.
90 
 
Privacy Sleeve 
                                                            
84
 S. 101.20(2), F.S.  
85
 S. 101.252(2), F.S.  
86
 S. 101.5614(4)(a), F.S.  
87
 S. 101.572(2), F.S.  
88
 S. 101.62(1)(a), F.S.  
89
 S. 101.62(2), F.S.  
90
 S. 101.62(3)(d), F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	21 
A secrecy sleeve, sometimes known as a privacy sleeve, inner envelope or identification envelope, is a paper 
document intended to protect voters’ privacy by separating their identity and signature from their ballot. After 
completing an absentee or mail ballot, a voter places it inside the secrecy sleeve, which then goes inside the return 
envelope.
91  
 
Current law provides that a supervisor must enclose with each VBM ballot two envelopes:  
 A secrecy envelope, into which the absent voter must enclose his or her marked ballot; and 
 A mailing envelope, into which the absent voter must then place the secrecy envelope, which must be 
addressed to the supervisor.
92 
 
Secure Ballot Intake Stations 
A supervisor is required to allow a voter who has received a VBM ballot to physically return a voted VBM ballot to 
the supervisor by placing the return mail envelope containing his or her marked ballot in a secure ballot intake 
station. Secure ballot intake stations must be placed at each early voting site, at the main office of the supervisor, 
and at each permanent branch office of the supervisor that meets the criteria for branch offices used for early 
voting and that is open for at least the minimum number of hours. Secure ballot intake stations may also be placed 
at any other site that would otherwise qualify as an early voting site. Secure ballot intake stations must be 
geographically located so as to provide all voters in the county with an equal opportunity to cast a ballot. Except for 
secure ballot intake stations at an office of the supervisor, a secure ballot intake station may only be used during 
the county’s early voting hours of operation and must be monitored in person by an employee of the supervisor’s 
office. A secure ballot intake station at an office of the supervisor must be continuously monitored in person by an 
employee of the supervisor’s office when the secure ballot intake station is accessible for deposit of ballots.
93 
 
Absent Uniformed Services and Overseas Voters  
A VBM ballot from an overseas voter in any presidential preference primary or general election must be counted as 
long as such ballot is: 
 Postmarked or dated no later than the date of the election. 
 Received by the supervisor of the county in which the overseas voter is registered no later than 10 days 
after the date of the election.
94  
 
The DOS is authorized to adopt rules to authorize a supervisor to accept from an overseas voter a request for a 
VBM ballot or a voted VBM ballot by secure fax or other secure electronic means.
95  
 
Absent Voting in Emergency Situations  
Current law authorizes the Elections Canvassing Commission to adopt emergency rules to facilitate absentee 
voting during a national or local emergency. Such emergencies include armed conflict involving the U.S. Armed 
Forces or mobilization of those forces, including state National Guard and reserve components.
96 
 
VBM Ballot Violations 
Current law provides that the following VBM ballot violations are punishable as third-degree felonies: 
 Any person who requests a VBM ballot on behalf of an voter. 
 Any person who marks or designates a choice on the ballot of another person, except when law provides 
otherwise.
97  
 
Early Voting 
Current law provides the following as it relates to early voting: 
                                                            
91
 National Conference of State Legislatures, States that Must Provide Secrecy Sleeves for Absentee/Mail Ballots (last visited Mar. 
3, 2025).  
92
 S. 101.64(1)(a), F.S.  
93
 S. 101.69(2), F.S.  
94
 S. 101.6952(5), F.S.  
95
 S. 101.697, F.S.  
96
 S. 101.698, F.S.  
97
 S. 104.047, F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	22 
 A supervisor may designate one early voting site per election in an area of the county that does not have 
any of the eligible early voting locations. Such additional early voting site must be geographically located so 
as to provide all voters in that area with an equal opportunity to cast a ballot, insofar as is practicable, and 
must provide sufficient nonpermitted parking to accommodate the anticipated number of voters.
98  
 Each county must, at a minimum, operate the same total number of early voting sites for a general election 
that the county operated for the 2012 general election.
99 
 Early voting must begin on the 10th day before an election that contains state or federal races and end on 
the 3rd day before the election, and must be provided for no less than 8 hours and no more than 12 hours 
per day at each site during the applicable period. In addition, early voting may be offered at the discretion 
of the supervisor on the 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that contains state or 
federal races for at least 8 hours per day, but not more than 12 hours per day.
100 
 Photography is prohibited in the polling room or early voting area, except when an voter photographs his 
or her own ballot.
101 
 
County Canvassing Board (CCB) 
 
Membership and Duties 
The CCB is the body that tabulates and canvassing the vote for an election in that county. The CCB is composed of 
three members: the supervisor; a county court judge, who acts as chair; and the chair of the board of county 
commissioners.
102 The canvassing board is responsible for a number of activities in the conduct of elections and 
results processing and reporting.
103 
 
Disqualification and Removal of Members 
If a member of the CCB is unable to serve, is a candidate who has opposition in the election being canvassed, or is 
an active participant in the campaign or candidacy of any candidate who has opposition in the election being 
canvassed, such member must be replaced.
104  
 
An advisory opinion of the division provides that an "active participant" means that a canvassing board member 
undertakes an effort intentionally to demonstrate or generate public support of a candidate beyond merely making 
a campaign contribution. The following activities would make a canvassing board member an "active participant" 
in the candidate's campaign or candidacy:  
 Being a member of an election or re-election committee for a candidate. 
 Public endorsement with or without financial support of a candidate. 
 Holding campaign signs, wearing a campaign tee-shirt, or other public display of support for a candidate. 
 Signing an endorsement card for a candidate. 
 Attending a candidate's campaign fundraiser. 
 Chairing or co-chairing an ongoing election campaign or fundraiser for a candidate.  
 
However, the mere giving of a campaign contribution would not make a canvassing board member an "active 
participant."
105 
 
Returns and Recounts 
The CCB must submit its unofficial returns to the DOS for each federal, state, or multicounty office or ballot 
measure by the third day after a primary election or the fourth day after a general election.
106 If the unofficial 
returns reflect that a candidate for any office or measure was defeated or eliminated by one-half of a percent or 
                                                            
98
 S. 101.657(1)(a), F.S.  
99
 Id.  
100
 S. 101.657(1)(d), F.S.  
101
 S. 102.031(5), F.S.  
102
 S. 102.141(a), F.S.  
103
 Florida Division of Elections, Canvassing Board Membership and Activities last visited (Mar. 3, 2025).  
104
 S. 102.141(1), F.S.  
105
 DOS, DE 09-07 Advisory Opinion (last visited Mar. 3, 2025).  
106
 S. 102.141(5) and (6), F.S.    JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	23 
less of the votes cast for those races, a machine recount is ordered.
107 During a machine recount all the ballots are 
retabulated through the supervisor’s automatic tabulating equipment. A second set of unofficial returns is due to 
the DOS by the fifth day after a primary election or the ninth day after a general election. If the machine recount is 
completed by the time the second set of unofficial returns is due, then it is included in those returns.  
 
If the second set of unofficial returns indicates that a candidate or measure was eliminated by one-quarter of a 
person or less of the votes cast for those races, a manual recount of the overvotes
108 and undervotes
109 is 
ordered.
110 The manual recount must be made unless: 
 The candidate or candidates defeated or eliminated from contention by one-quarter of one percent or 
fewer of the votes cast for such office request in writing that a recount not be made; or 
 The number of overvotes and undervotes is fewer than the number of votes needed to change the outcome 
of the election.
111 
 
A manual recount consists of a recount of marksense ballots or of digital images of those ballots by a person.
112  
The Secretary of State is responsible for ordering a machine and manual recounts for federal, state, and 
multicounty races. The CCB or local board responsible for certifying the election is responsible for ordering the 
recounts recount for all other races.  
 
The final returns, which include the result of any recount, is due to the DOS by the eight-day following a primary 
election and the 13th day following a general election.
113  
 
Voting System Audit  
Immediately following the certification of each election, the CCB must conduct a manual audit or an automated, 
independent audit of the voting systems used in randomly selected precincts.
114 A manual audit consists of a public 
manual tally of the votes cast in one randomly selected race that appears on the ballot. The tally sheet must include 
election-day, VBM, early voting, provisional, and overseas ballots, in at least one percent but no more than two 
percent of the precincts chosen at random by the CCB.
115 The CCB must post a notice of the audit, including the 
date, time, and place, in four conspicuous places in the county and on the supervisor’s website.
116 The audit must be 
completed and the results made public no later than the seventh day following certification of the election by the 
CCB or the local board responsible for certifying the election.
117 
 
By December 15 of each general election year, the CCB or the board responsible for certifying the election is 
required to provide a report with the results of the recount audit to the DOS in a standard format as prescribed by 
the DOS.
118 The audit accompanies a post general election report that is submitted to the Governor, the President of 
the Senate, and the Speaker of the House of Representatives by February 15 of each year following a general 
election.
119  
  
                                                            
107
 S. 102.141(7), F.S.  
108
 An “overvote” means that the voter 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. S. 
97.021(26), F.S.  
109
 An “undervote” means that the voter does not properly designate any choice for an office or ballot question, and the 
tabulator records no vote for the office or question. S. 97.021(41), F.S.  
110
 S. 102.166, F.S.  
111
 Id.  
112
 Id.  
113
 S. 102.112, F.S. 
114
 S. 101.591(1), F.S.  
115
 S. 101.591(2), F.S.  
116
 S. 101.591(3), F.S.  
117
 S. 101.591(4), F.S.  
118
 S. 101.591, F.S.  
119
 S. 101.595, F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	24 
Conduct of Election Report 
Each supervisor is required to file a Conduct of Election Report with the DOS no later than 20 business days after 
the Elections Canvassing Commission certifies the election.
120 The report has minimum requirements associated 
with election definition errors, ballot printing errors, staffing shortages or procedural violations, equipment issues, 
and any other issues or problems associated with the conduct of elections.
121 
 
Nomination for Presidential Electors 
The process for electing the President and Vice President in the U.S. is through the Electoral College. Electors who 
may participate in the Electoral College are selected and nominated pursuant to a process laid out in state law. 
First, the state executive committee of each political party must by resolution recommend candidates for 
presidential electors and deliver a certified copy thereof to the Governor no later than noon on August 24 of each 
presidential election year. The state executive committees then submit the voter registration number and contact 
information of each presidential elector. Each presidential elector must be a qualified registered voter of this state 
and member of the party he or she represents who has taken a written oath that he or she will vote for the 
candidates of the party that he or she is nominated to represent.
122 
 
Then, the Governor nominates the presidential electors of each political party. The Governor must nominate only 
the electors recommended by the state executive committee of the respective political party. The Governor must 
certify to the DOS no later than 5 p.m. on August 24, in each presidential election year, the names of a number of 
electors for each political party equal to the number of senators and representatives that this state has in 
Congress.
123 
 
Political Activity on Behalf of a Candidate for Judicial Office 
Political parties and partisan political organizations are prohibited from endorsing, supporting, or assisting any 
candidate in a campaign for judicial office.
124 A person that knowingly violates this provision is guilty of a 
misdemeanor of the second degree.
125  
 
Campaign Finance 
 
Publicly Audited Executive Committees 
The chair and treasurer of an executive committee of any political party are required by law to be accountable for 
the funds of such committee and jointly liable for their proper expenditure for authorized purposes only. The funds 
of each such state executive committee must be publicly audited at the end of each calendar year and a copy of 
such audit furnished to the DOS for its examination prior to April 1 of the ensuing year. When filed with the DOS, 
copies of such audit must be public documents. The treasurer of each county executive committee must maintain 
adequate records evidencing receipt and disbursement of all party funds received by him or her, and such records 
must be publicly audited at the end of each calendar year and a copy of such audit filed with the supervisor and the 
state executive committee prior to April 1 of the ensuing year.
126 
 
Campaign Treasurers  
Each person who seeks to qualify for nomination or election to, or retention in, office must appoint a campaign 
treasurer and designate a primary campaign depository before qualifying for office.
127  
 
Candidate Loans 
A loan made by a candidate to their own campaign is not subject to contribution limitations. A candidate who 
makes a loan to their campaign and reports the loan may be repaid for the loan at any time the campaign account 
has sufficient funds to repay the loan and satisfy its other obligations. A person elected to office must report all 
                                                            
120
 S. 102.141(10), F.S.  
121
 Id.  
122
 S. 103.021(1), F.S.  
123
 Id.  
124
 S. 105.09(1), F.S.  
125
 S. 105.09(2), F.S.  
126
 S. 103.121(2), F.S.  
127
 S. 106.021(1)(a), F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	25 
loans, exceeding $500 in value, made to them and used for campaign purposes, and made in the twelve months 
preceding their election to office.
128 
 
Campaign Contributions and Limits on Foreign Nationals 
Current law prohibits a foreign national from making or offering to make, directly or indirectly, a contribution or 
expenditure in connection with any election held in the state.
129 A “foreign national” is defined to mean: 
 A foreign government. 
 A foreign political party. 
 A foreign corporation, partnership, association, organization, or other combination of persons organized 
under the laws of or having its principal place of business in a foreign country. 
 A person with foreign citizenship.  
 A person who is not a citizen or national of the U.S. and is not lawfully admitted to the U.S. for permanent 
residence.
130 
 
The term “Foreign National” does not include: 
 A person who is a dual citizen or dual national of the U.S. and a foreign country. 
 A domestic subsidiary of a foreign corporation, partnership, association, organization, or other 
combination of persons organized under the laws of or having its principal place of business in a foreign 
country if: 
o The donations and disbursements used toward a contribution or an expenditure are derived 
entirely from funds generated by the subsidiary’s operations in the U.S.; and 
o All decisions concerning donations and disbursements used toward a contribution or an 
expenditure are made by individuals who either hold U.S. citizenship or are permanent residents of 
the U.S.
131  
 
Commission Fee Issued by the Governor   
Florida law provides that all grants and commissions must be in the name and under the authority of the State of 
Florida, sealed with the great seal of the state, signed by the Governor, and countersigned by the Secretary of 
State.
132 A $10 fee is prescribed for the issuance of each commission by the Governor and attested by the Secretary 
of State for an elected officer or a notary public.
133 No commission may be issued by the Governor or attested by the 
Secretary of State or bear the seal of the state until the fee is paid.
134 All fees must be paid by the Secretary of State 
into the State Treasury and must be used for such purposes as the Legislature may determine.
135  
 
Every commission issued by the Governor must be recorded in the office of the Secretary of State in a book of 
commissions and an index made thereof, and the oath of office of the person named in said commission must be 
endorsed on said commission.
136 
 
                                                            
128
 DOS, Candidate and Campaign Treasurer Handbook - 2024 Election Cycle (last visited Mar. 4, 2025).  
129
 S. 106.08(12)(b), F.S.  
130
 S. 106.08(12)(a), F.S.  
131
 Id.  
132
 S. 113.051, F.S.  
133
 S. 113.01, F.S. 
134
 S. 113.02, F.S.  
135
 S. 113.03, F.S.  
136
 S. 113.06, F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 	26 
RECENT LEGISLATION:  
 
YEAR BILL #  HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION 
2023 CS/SB 7050 McClure 	Hutson Approved by the Governor on 
May 24, 2023.  
2022 CS/CS/SB 524 Perez 	Hutson Approved by the Governor 
April 25, 2022. 
2021 CS/CS/CS/SB 90 	Baxley Approved by the Governor on 
May 6, 2021.  
 
 
BILL HISTORY 
COMMITTEE REFERENCE ACTION DATE 
STAFF 
DIRECTOR/ 
POLICY CHIEF 
ANALYSIS 
PREPARED BY 
Government Operations 
Subcommittee 
  Toliver Walker 
Transportation & Economic 
Development Budget 
Subcommittee 
    
State Affairs Committee