Florida Administrative Code

Rulemaking Authority 20.10(3), 97.012(1), 100.371(7), 101.161 FS. Law Implemented 100.371, 101.161 FS. History-New 10-15-07, Amended 10-13-08, Repealed 5-25-10.

(1) General. The Division of Elections has the responsibility to render advisory opinions as to the application of chapters 97 through 106, F.S. (2) Those Who May Receive Advisory Opinions. (a) Those who may formally request and receive advisory opinions as provided for in this r…

(1) GENERAL. This rule provides requirements for initial and annual certification of supervisors of elections for the special qualification salary. (2) INITIAL CERTIFICATION. In order to receive initial certification for the special qualification salary, a supervisor of elections…

Rulemaking Authority 97.012(1) FS. Law Implemented 101.62, 101.141, 97.012 FS. History-New 3-8-84, Amended 10-9-84, Formerly 1C-7.13, Formerly 1C-7.013, Repealed 3-6-16.

(1) PURPOSE. To establish minimum security standards for voting systems pursuant to Section 101.015(4), F.S. (2) DEFINITIONS. The following words and phrases shall be construed as follows when used in this rule: (a) "Accumulation" means the act of combining tabulated votes from d…

Rulemaking Authority 101.015 FS. Law Implemented 101.015, 101.5607 FS. History-New 11-21-85, Formerly 1C-7.16, 1C-7.016, Repealed 3-6-16.

(1) General Reporting Requirements. (a) All reports filed with the Division of Elections (Division) must be filed in electronic format by means of the internet by either keying in the detail data via the web pages or uploading an electronic file that meets the Division's file spe…

Rulemaking Authority 106.04(7) FS. Law Implemented 106.04(7) FS. History-New 11-11-90, Amended 10-29-03, Repealed 10-1-13.

(1) Definitions: (a) "Organization" means an electioneering communications organization. (b) "Committee" means a political committee. (c) "Limited activity" means: 1. For a committee, the committee's aggregate reported financial activity in each of two consecutive calendar years …

Rulemaking Authority 101.6107 FS. Law Implemented 101.6101-.6107 FS. History-New 2-28-90, Amended 2-5-92, Repealed 11-17-15.

(1) The Department of State is charged with maintaining a voter fraud hotline, pursuant to Section 97.012(12), F.S. A person may contact the voter fraud hotline at (877)868-3737 and request to file a complaint alleging elections fraud. (2) The Department of State is also charged …

(1) The Department of State, Division of Elections, is required to adopt by rule standards for determining a voter's choice on a ballot under prescribed circumstances for ballot duplication under section 101.5614 and recounts under section 102.166, F.S. Form DS-DE 420 (effective …

(1) The following is the form of the state write-in ballot. (2) The form provides those offices to be filled in a general election. Offices to be filled in the election shall be arranged in the order named below. (3) STATE WRITE-IN GENERAL ELECTION VOTE-BY-MAIL BALLOT ___________…

Rulemaking Authority 97.0555 FS. Law Implemented 97.0555 FS. History-New 5-27-02, Repealed 12-25-13.

(1) Application. This rule applies solely to the request, delivery and return of vote-by-mail ballots for uniformed services voters who are absent stateside and overseas voters as defined in Section 97.021, F.S. For purposes of this rule, the following definitions apply: (a) "Ove…

(1) Procedures. The Department of State, Division of Elections, is required to adopt detailed rules prescribing additional recount procedures for certified voting systems, which shall be uniform to the extent practicable. Form DS-DE 405 (effective 06/22), entitled "Recount Proced…

(1) Purpose. This rule prescribes a uniform ballot design for primary and general elections for each type of certified voting system. (2) Definitions. For purposes of this rule: (a) "Audio ballot" means an electronic voting device which audibly reads a ballot and permits the vote…

(1) Voter Guide. As part of their voter and voting education efforts, the county supervisors of elections shall use a voter guide. (a) The voter guide may be based on a voter guide developed by the Department of State that incorporates county specific information as required belo…

The Department of State, Division of Elections, is required to create a polling place procedures manual to guide election officials and poll workers in the proper implementation of election procedures and laws. Form DS-DE 11 (effective 07/2024), entitled "Polling Place Procedures…

Rulemaking Authority 101.715 FS. Law Implemented 101.715 FS. History-New 3-9-03, Repealed 11-1-15.

(1) The Florida Department of State has primary jurisdiction to resolve through an informal resolution process complaints submitted by any person who is aggrieved by a violation of the National Voter Registration Act of 1993 or a violation of a voter registration or removal proce…

(1) Notice of Rights. A written notice, entitled "Notice of Rights for Provisional Ballot Voters" must be provided to each person who casts a provisional ballot during early voting or on election day. Notices and forms shall be made available in English and Spanish. The notice mu…

The Department of State, Division of Elections, is required to establish a complaint form to be used for HAVA violations, Form DS DE 59 (Eff. 2/04), which is hereby incorporated by reference and available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bro…

(1) Applicability. The rule sets forth procedures to ensure that voter registration is conducted uniformly throughout the state. (2) Definitions. The terms herein shall have the following meaning: (a) "BVRS" refers to the Bureau of Voter Registration Services. (b) "DHSMV" refers …

(1) The Department of State, Division of Elections, is required to adopt by rule a uniform statewide voter registration application for use in this state. Form DS-DE 39, entitled "Florida Voter Registration Application" (eff. 04/2024); https://www.flrules.org/Gateway/reference.as…

(1) Applicability. This rule provides procedures to maintain current and accurate addresses of legal residence for registered voters, eliminate duplicate registration records for the same voter, and identify and remove ineligible registered voters. (2) Definitions. (a) "Active vo…

(1) Applicability. This rule provides procedures for the regulation of 3PVROs and third-party voter registration activities. (2) Forms. The following forms are hereby incorporated by reference and available from the Division of Elections, R.A. Gray Building, Room 316, 500 South B…

(1) General applicable provisions. This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission and reporting of vote-by-mail ballot request information and early voting activity. The Supervisors of Electi…

(1) Qualification by Petition. (a) A person who seeks to qualify as a candidate for any office may have the qualifying fee and party assessment required by Chapters 99 and 105, F.S., waived by satisfying the petition requirements of this rule and Sections 99.095 and 105.035, F.S.…

(1) Submission of Initiative Form. (a) Any proposed initiative to change the method of selection of circuit court judges for placement on the ballot shall be submitted by the sponsoring political committee to the Division of Elections for approval as to format. (b) Any proposed i…

(1) Request. A candidate for the office of Governor or member of the Cabinet who desires to receive state matching funds pursuant to the Florida Election Campaign Financing Act shall complete Form DS-DE 98, "Candidate for Governor or Cabinet Member Request for Campaign Financing …

(1) General application. These provisions apply to voter registration agencies as defined by Section 97.021, F.S. Voter registration agencies are not third-party voter registration organizations. Applicable voter registration agencies include: (a) Any office that provides public …

Rulemaking Authority 20.10(3), 97.012(1), 101.697 FS. Law Implemented 101.62, 101.64, 101.65, 101.6923, 101.697 FS. History-New 8-25-10, Amended 7-30-12, Repealed 3-20-14.

(1) Definitions. (a) "Division" means the Division of Elections. (b) "Most recent address on file" means, as applicable, the last address provided to the filing officer for the party's chairperson or other officer as contained in any written filing or statement of change to a fil…

(1) Application. The standards in this rule apply to determine whether the voter has clearly indicated a definite choice for purposes of counting a vote cast on a Federal Write-in Absentee Ballot (FWAB) during a recount under Section 102.166(4), F.S., and during the canvassing an…

Form DS-DE 162 (effective May 2024), entitled "Form For Personal Delivery of Vote-By-Mail Ballot" is hereby incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-16595. The form is also available by download from the Division of Election…

(1) General provisions. (a) This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission, and reporting of: 1. Election results; 2. Precinct-level election results; 3. Voting history; and, 4. Reconciliatio…

(1) The Department of State, Division of Elections, is required by statute to prescribe a form for political parties, political committees, and candidates to designate poll watchers. Form DS-DE 125-Excel, entitled "Designation of Poll Watchers" (eff. 08/2016); http://www.flrules.…

(1) Forms. The following form is hereby incorporated by reference and available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division's webpage at: ht…

(1) Online Training Program. The Division of Elections shall offer an online signature match training program for Supervisors of Elections, county canvassing board members including alternates and substitutes, and any person whose duties require verification of signatures. Such p…

The Department of State, Division of Elections, is required to establish minimum standards for certification and provisional approval of hardware and software for electronic and electromechanical voting systems. The Division shall establish minimum levels of voting systems capabi…

(1) Procedures. (a) This rule provides the procedures for a county canvassing board or the local board responsible for certifying the election to conduct either a manual audit or an automated independent audit of a voting system after certification of an election including a muni…

Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(2) FS. History-New 1-1-92, Amended 3-25-97, Transferred to 1B-32.001.

Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(1)-(4) FS. History-New 1-1-92, Amended 3-25-97, Transferred to 1B-32.002.

Rulemaking Authority 101.733(3) FS. Law Implemented 101.733(3) FS. History-New 3-13-94, Repealed 9-14-17.

This chapter sets forth the goals and policies of the Elections Emergency Contingency Plan which gives specific direction to state and local election officials when an election has been suspended or delayed. The Plan provides procedures for state and local election officials to f…

(1) "County Emergency Management Agency" means the emergency management agency authorized and directed to be established and maintained by each county of the state pursuant to section 252.38(1), F.S. (2) "Division" means the Division of Elections of the Department of State. Rulem…