The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

View Entire Chapter

F.S. 101.62

101.62 Request for vote-by-mail ballots.—

(1) REQUEST.—

(a) The supervisor shall accept a request for a vote-by-mail ballot only from a voter or, if directly instructed by the voter, a member of the voter’s immediate family or the voter’s legal guardian. A request may be made in person, in writing, by telephone, or through the supervisor’s website. The department shall prescribe by rule by October 1, 2023, a uniform statewide application to make a written request for a vote-by-mail ballot which includes fields for all information required in this subsection. One request is deemed sufficient to receive a vote-by-mail ballot for all elections through the end of the calendar year of the next regularly scheduled general election, unless the voter or the voter’s designee indicates at the time the request is made the elections within such period for which the voter desires to receive a vote-by-mail ballot. The supervisor must cancel a request for a vote-by-mail ballot when any first-class mail or nonforwardable mail sent by the supervisor to the voter is returned as undeliverable. If the voter requests a vote-by-mail ballot thereafter, the voter must provide or confirm his or her current residential address.

(b) The supervisor may accept a request for a vote-by-mail ballot to be mailed to a voter’s address on file in the Florida Voter Registration System from the voter, or, if directly instructed by the voter, a member of the voter’s immediate family or the voter’s legal guardian. If an in-person or a telephonic request is made, the voter must provide the voter’s Florida driver license number, the voter’s Florida identification card number, or the last four digits of the voter’s social security number, whichever may be verified in the supervisor’s records. If the ballot is requested to be mailed to an address other than the voter’s address on file in the Florida Voter Registration System, the request must be made in writing. A written request must be signed by the voter and include the voter’s Florida driver license number, the voter’s Florida identification card number, or the last four digits of the voter’s social security number. However, an absent uniformed services voter or an overseas voter seeking a vote-by-mail ballot is not required to submit a signed, written request for a vote-by-mail ballot that is being mailed to an address other than the voter’s address on file in the Florida Voter Registration System. The person making the request must disclose:

1. The name of the voter for whom the ballot is requested.

2. The voter’s address.

3. The voter’s date of birth.

4. The voter’s Florida driver license number, the voter’s Florida identification card number, or the last four digits of the voter’s social security number, whichever may be verified in the supervisor’s records. If the voter’s registration record does not already include the voter’s Florida driver license number or Florida identification card number or the last four digits of the voter’s social security number, the number provided must be recorded in the voter’s registration record.

5. The requester’s name.

6. The requester’s address.

7. The requester’s driver license number, the requester’s identification card number, or the last four digits of the requester’s social security number, if available.

8. The requester’s relationship to the voter.

9. The requester’s signature (written requests only).

(c) Upon receiving a request for a vote-by-mail ballot from an absent voter, the supervisor of elections shall notify the voter of the free access system that has been designated by the department for determining the status of his or her vote-by-mail ballot.

(d) For purposes of this section, the term “immediate family” refers to the following, as applicable:

1. The voter’s spouse, parent, child, grandparent, grandchild, or sibling, or the parent, child, grandparent, grandchild, or sibling of the voter’s spouse.

2. The designee’s spouse, parent, child, grandparent, grandchild, or sibling, or the parent, child, grandparent, grandchild, or sibling of the designee’s spouse.

(2) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.—For each request for a vote-by-mail ballot received, the supervisor shall record the following information: the date the request was made; the identity of the voter’s designee making the request, if any; the Florida driver license number, Florida identification card number, or last four digits of the social security number of the voter provided with a written request; the date the vote-by-mail ballot was delivered to the voter or the voter’s designee or the date the vote-by-mail ballot was delivered to the post office or other carrier; the address to which the ballot was mailed or the identity of the voter’s designee to whom the ballot was delivered; the date the ballot was received by the supervisor; the 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; and such other information he or she may deem necessary. This information must be provided in electronic format as provided by division rule. The information must be updated and made available no later than 8 a.m. of each day, including weekends, beginning 60 days before the primary until 15 days after the general election and shall be contemporaneously provided to the division. This information is confidential and exempt from s. 119.07(1) and shall be made available to or reproduced only for the voter requesting the ballot, a canvassing board, an election official, a political party or official thereof, a candidate who has filed qualification papers and is opposed in an upcoming election, and registered political committees for political purposes only.

(3) DELIVERY OF VOTE-BY-MAIL BALLOTS.—

(a) No later than 45 days before each presidential preference primary election, primary election, and general election, the supervisor of elections shall send a vote-by-mail ballot as provided in subparagraph (d)2. to each absent uniformed services voter and to each overseas voter who has requested a vote-by-mail ballot.

(b) The supervisor shall mail a vote-by-mail ballot to each absent qualified voter, other than those listed in paragraph (a), who has requested such a ballot, between the 40th and 33rd days before the presidential preference primary election, primary election, and general election.

(c) Except as otherwise provided in paragraph (a) or paragraph (b), the supervisor shall mail vote-by-mail ballots within 2 business days after receiving a request for such a ballot, but no later than the 10th day before election day. The deadline to submit a request for a ballot to be mailed is 5 p.m. local time on the 12th day before an upcoming election.

(d) Upon a request for a vote-by-mail ballot, the supervisor shall provide a vote-by-mail ballot to each voter by whom a request for that ballot has been made, by one of the following means:

1. By nonforwardable, return-if-undeliverable mail to the voter’s current mailing address on file with the supervisor or any other address the voter specifies in the request. The envelopes must be prominently marked “Do Not Forward.”

2. By forwardable mail, e-mail, or facsimile machine transmission to absent uniformed services voters and overseas voters. The absent uniformed services voter or overseas voter may designate in the vote-by-mail ballot request the preferred method of transmission. If the voter does not designate the method of transmission, the vote-by-mail ballot must be mailed.

3. By personal delivery to the voter after vote-by-mail ballots have been mailed and up to 7 p.m. on election day upon presentation of the identification required in s. 101.043.

4. By delivery to the voter’s designee after vote-by-mail ballots have been mailed and up to 7 p.m. on election day. Any voter may designate in writing a person to pick up the ballot for the voter; however, the person designated may not pick up more than two vote-by-mail ballots per election, other than the designee’s own ballot, except that additional ballots may be picked up for members of the designee’s immediate family. The designee shall provide to the supervisor the written authorization by the voter and a picture identification of the designee and must complete an affidavit. The designee shall state in the affidavit that the designee is authorized by the voter to pick up that ballot and shall indicate if the voter is a member of the designee’s immediate family and, if so, the relationship. The department shall prescribe the form of the affidavit. If the supervisor is satisfied that the designee is authorized to pick up the ballot and that the signature of the voter on the written authorization matches the signature of the voter on file, the supervisor must give the ballot to that designee for delivery to the voter.

5. Except as provided in s. 101.655, the supervisor may not deliver a vote-by-mail ballot to a voter or a voter’s designee pursuant to subparagraph 3. or subparagraph 4., respectively, during the mandatory early voting period and up to 7 p.m. on election day, unless there is an emergency, to the extent that the voter will be unable to go to a designated early voting site in his or her county or to his or her assigned polling place on election day. If a vote-by-mail ballot is delivered, the voter or his or her designee must execute an affidavit affirming to the facts which allow for delivery of the vote-by-mail ballot. The department shall adopt a rule providing for the form of the affidavit.

(4) SPECIAL CIRCUMSTANCES.—If the department is unable to certify candidates for an election in time to comply with paragraph (3)(a), the Department of State is authorized to prescribe rules for a ballot to be sent to absent uniformed services voters and overseas voters.

(5) MATERIALS.—Only the materials necessary to vote by mail may be mailed or delivered with any vote-by-mail ballot.

(6) PROHIBITION.—Except as expressly authorized for voters having a disability under s. 101.662, for overseas voters under s. 101.697, or for local referenda under ss. 101.6102 and 101.6103, a county, municipality, or state agency may not send a vote-by-mail ballot to a voter unless the voter has requested a vote-by-mail ballot in the manner authorized under this section.

History.—s. 2, ch. 7380, 1917; RGS 369; CGL 430; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 32, ch. 28156, 1953; s. 21, ch. 29934, 1955; s. 2, ch. 59-213; s. 32, ch. 65-380; s. 1, ch. 67-33; s. 2, ch. 69-136; s. 4, ch. 69-280; s. 2, ch. 70-93; ss. 1, 2, ch. 71-149; s. 5, ch. 73-157; s. 39, ch. 73-333; s. 2, ch. 75-174; s. 21, ch. 77-175; s. 40, ch. 79-400; s. 2, ch. 83-16; s. 6, ch. 83-251; s. 1, ch. 85-226; s. 4, ch. 86-199; s. 4, ch. 87-363; s. 2, ch. 87-538; s. 28, ch. 89-338; s. 20, ch. 90-360; s. 587, ch. 95-147; s. 3, ch. 96-57; s. 25, ch. 96-406; s. 13, ch. 98-129; s. 32, ch. 99-2; s. 6, ch. 99-140; s. 52, ch. 2001-40; s. 5, ch. 2001-75; s. 18, ch. 2003-415; s. 6, ch. 2004-33; s. 43, ch. 2005-277; s. 37, ch. 2005-278; s. 16, ch. 2005-286; s. 30, ch. 2007-30; s. 7, ch. 2010-167; s. 37, ch. 2011-40; s. 17, ch. 2013-37; s. 11, ch. 2013-57; s. 16, ch. 2016-37; s. 15, ch. 2019-162; s. 24, ch. 2021-11; s. 26, ch. 2023-120.

Note.—Former s. 101.02.

F.S. 101.62 on Google Scholar

F.S. 101.62 on Casetext

Amendments to 101.62

Arrestable Offenses / Crimes under Fla. Stat. 101.62

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.62.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEMOCRATIC EXECUTIVE COMMITTEE OF FLORIDA, US v. M. LEE, In, 915 F.3d 1312 (11th Cir. 2019)

. . . . § 101.62 (2016). . . . . §§ 101.62(1)(a)-(b), and to inform voters of their right to cure the rejection, id. § 101.68(4)(b). . . .

DEMOCRATIC EXECUTIVE COMMITTEE OF FLORIDA, U. S. v. DETZNER,, 347 F. Supp. 3d 1017 (N.D. Fla. 2018)

. . . . § 101.62 (2016). Voting by mail has become a popular option for Florida voters. . . .

HAWKINS, v. KROGER COMPANY,, 906 F.3d 763 (9th Cir. 2018)

. . . . §§ 101.13 (general rules), 101.62 (specific rules regarding fat). . . . We "bolster[ed]" this conclusion in Reid by noting that under §§ 101.62(b)-(c) "the FDA has expressly . . . In addition to authorizing "no fat" and "no saturated fat" claims, §§ 101.62(b)-(c) also authorize "zero . . .

BISHOP, v. ELEVEN, INC., 651 F. App'x 657 (9th Cir. 2016)

. . . . §§ 101.18(h)(1), 101.62(d)(i)(ii)(D); see also Reid v. . . .

BACKUS, v. NESTL USA, INC., 167 F. Supp. 3d 1068 (N.D. Cal. 2016)

. . . . § 101.62(b)-(c), approved “No Fat” and “No Saturated Fat” for use as nutrient content claims but decided . . .

REID, v. JOHNSON JOHNSON LLC,, 780 F.3d 952 (9th Cir. 2015)

. . . . § 101.62(b). . . . . § 101.62(c), but not about “trans fat.” . . . As- noted, under section 101.62(b)-(c), the FDA has expressly allowed “No Fat” and “No Saturated Fat” . . . This would mean that section 101.62(b)-(c) is redundant: If section 101.13(i)(3) authorizes “No Fat” . . . Trans Fat” claims — makes the most sense of the overall labeling regime, as it gives meaning to section 101.62 . . .

BISHOP, v. ELEVEN, INC., 37 F. Supp. 3d 1058 (N.D. Cal. 2014)

. . . . § 101.13(h) and § 101.62(d)(1)(h). 21 C.F.R. § 101.13(h)(i) provides that: If a food ... contains more . . . Furthermore, 21 C.F.R. § 101.62(d)(l)(ii)(D) provides that: The terms “cholesterol free” ... may be used . . . violation of 21 C.F.R. § 101.13(h)(i), Plaintiff demonstrates how the label may violate 21 C.F.R. § 101.62 . . .

KOENIG v. BOULDER BRANDS, INC. GFA, 995 F. Supp. 2d 274 (S.D.N.Y. 2014)

. . . set forth in 21 C.F.R. § 101.13 (“[njutrient content claims — general principles”) and 21 C.F.R. § 101.62 . . . Id. ¶ 37 (citing 21 C.F.R. § 101.62(b)). . . . . § 101.62(b).” Id. ¶¶ 60-64. . . . Plaintiffs note that 21 C.F.R. § 101.62(b) addresses the precise situation at hand here: the addition . . . Plaintiffs contend that 21 C.F.R. § 101.62(b) does not exempt “combination products” and “no authority . . .

PARDINI, v. UNILEVER UNITED STATES, INC., 961 F. Supp. 2d 1048 (N.D. Cal. 2013)

. . . . §§ 101.13(b), 101.62(a)(3), and 101.60 (a)(3). . . . Finally, Defendant argues that § 101.62(b) only requires an asterisk and explanatory notation where a . . . Defendant contends that § 101.62(b) is inapplicable because the label uses the term “per serving.” . . . Nor is the Court aware of any authority that has interpreted § 101.62(b) in this way. . . . Id. at 14 (citing 21 C.F.R. § 101.62). . . .

YOUNG, v. JOHNSON JOHNSON, a, 525 F. App'x 179 (3d Cir. 2013)

. . . . § 101.62(b)(1), (c)(1). . . . food contains “no fat” or “no saturated fat” if it contains less than 0.5 grams per serving, id. § 101.62 . . .

McDONOUGH, v. BRIATTA,, 935 F. Supp. 2d 897 (N.D. Ill. 2013)

. . . testified at trial, $418 for the portion of Plaintiffs deposition taken by Briatta’s counsel, and $101.62 . . . transcript of a witness who testified at trial; (4) $4,181.99 for the whole of Plaintiffs deposition; and $101.62 . . .

GOLDSMITH, v. McDONALD,, 32 So. 3d 713 (Fla. Dist. Ct. App. 2010)

. . . See § 101.62, Fla. Stat. (2008). . See § 101.65, Fla. Stat. (2008) (¶ 1). . . . .

DIAZ A. AFL- CIO AFL- CIO v. M. COBB, C., 541 F. Supp. 2d 1319 (S.D. Fla. 2008)

. . . See § 101.62(i) (b), Fla. Stat. (2007). . . .

M. COBB, v. THURMAN, St. A. V., 957 So. 2d 638 (Fla. Dist. Ct. App. 2006)

. . . Further, the trial court found section 101.62(6), Florida Statutes, precludes the mailing of the proposed . . . Although seven of the eight supervisors felt that section 101.62(6) prevented them from including the . . .

REFORM PARTY OF FLORIDA, v. BLACK, v., 885 So. 2d 303 (Fla. 2004)

. . . See § 101.62(4)(a), Fla. . . .

J. STEIR m n f v. GIRL SCOUTS OF THE USA, 383 F.3d 7 (1st Cir. 2004)

. . . See 15 Moore's Federal Practice § 101.62[1] (Matthew Bender 3d ed.) . . .

HILLSIDE DAIRY INC. v. LYONS, SECRETARY, CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE,, 539 U.S. 59 (U.S. 2003)

. . . See 21 CFR §§131.110, 101.62 (2002). . . .

HARRIS, v. COALITION TO REDUCE CLASS SIZE K PAC, 824 So. 2d 245 (Fla. Dist. Ct. App. 2002)

. . . Section 101.62(4)(a), Florida Statutes (2001), requires supervisors of elections to mail advance absentee . . .

In AUTO INTERNATIONAL REFRIGERATION, H. v., 275 B.R. 789 (Bankr. N.D. Tex. 2002)

. . . 0.00 10/18/98 OO 14,891.95 $212,837.08 0.05% $ 106.42 0.00 10/19/98 03 9,590.20 $203,246.88 0.05% $ 101.62 . . .

BOSTON S CHILDREN FIRST, v. BOSTON SCHOOL COMMITTEE,, 183 F. Supp. 2d 382 (D. Mass. 2002)

. . . See 15 Moore’s Federal Practice 3d § 101.62[1] (2001) (“The test for standing under a statute may be . . .

TAYLOR, v. MARTIN COUNTY CANVASSING BOARD,, 773 So. 2d 517 (Fla. 2000)

. . . Despite this policy and despite the requirements of section 101.62, Florida Statutes (2000), the Supervisor . . . Section 101.62, Florida Statutes (2000), governs requests for absentee ballots. . . .

N. JACOBS, v. SEMINOLE COUNTY CANVASSING BOARD,, 773 So. 2d 519 (Fla. 2000)

. . . Section 101.62, Florida Statutes, provides that the supervisor of elections my[may] accept a request . . . treatment of absentee ballot requests which do not contain all of the information required by Section 101.62 . . . Bellamy, 437 So.2d 737, 742-743 (Fla. 1st DCA 1983), the court stated: Our examination of Section 101.62 . . . The statutory requirement that the requester “must” disclose the nine items in Section 101.62(b) is simply . . . voters” because she informed the public that she would strictly enforce the requirements of Section 101.62 . . .

W. BUSH v. HILLSBOROUGH COUNTY CANVASSING BOARD,, 123 F. Supp. 2d 1305 (N.D. Fla. 2000)

. . . . § 101.62(7)(c) (West Supp.2000). . . . Id. § 101.62(2)-(3). . . . See id. § 101.62(4)(a). . . . See id. § 101.62(4)(b)(2). . . . Id. § 101.62(7)(c). . . .

CARROLL, v. MACK,, 766 So. 2d 1216 (Fla. Dist. Ct. App. 2000)

. . . See § 101.62, Fla. Stat. (1999). . See §§ 99.061, 99.095, Fla. Stat. (1999). . . . .

U. S. TAXPAYERS PARTY OF FLORIDA, A. W. Jr. G. Al v. SMITH,, 871 F. Supp. 426 (N.D. Fla. 1993)

. . . absentee voters under sections 97.063, Fla.Stat., and overseas voter under Sections 97.0631, 97.064 and 101.62 . . .

HULL v. HILLSBOROUGH COUNTY, FLORIDA,, 43 Fla. Supp. 2d 207 (Fla. Cir. Ct. 1990)

. . . asserts that the August 4, 1990, mailing of replacement ballots violates the Florida Statute Section 101.62 . . . requests that the court determine whether the election illegally contravenes Florida Statute Section 101.62 . . .

W. LUCAS v. FLORIDA POWER LIGHT COMPANY, a, 765 F.2d 1039 (11th Cir. 1985)

. . . of February, 1976 111.79 101.67 1977 111.89 101.66 1978 110.98 101.65 1979 110.57 101.64 1980 110.17 101.62 . . .

L. McLEAN, Jr. v. BELLAMY, R. W. W., 437 So. 2d 737 (Fla. Dist. Ct. App. 1983)

. . . Central to the resolution of this issue is the determination of whether the Section 101.62 statutory . . . Our examination of Section 101.62 leads us to conclude that its provisions are directory. . . . Esteva, supra, we find no declaration in Section 101.62, implied or explicit, that strict compliance . . . Section 101.62 was amended in 1977, Chapter 77-175, Laws of Florida, eliminating the requirement of a . . . As previously noted, Section 101.62(4) (1981) provides that the election supervisor shall deliver or . . .

R. FLACK, v. J. CARTER, 392 So. 2d 37 (Fla. Dist. Ct. App. 1980)

. . . Four electors received ballots in violation of the requirements of § 101.62, Florida Statutes. f. . . .

F. BOARDMAN, v. ESTEVA,, 323 So. 2d 259 (Fla. 1975)

. . . . § 101.62(3), F.S.A. . . . insignificant omissions or irregularities appearing on the application form suggested in Fla.Stat. § 101.62 . . . Stat. § 101.62, F.S.A., had to be strictly complied with. To the contrary, Fla. . . . . § 101.62, F.S.A., states that the application shall be in substantially the same form as that found . . .

ESTEVA, v. HINDMAN, 299 So. 2d 633 (Fla. Dist. Ct. App. 1974)

. . . . §§ 101.62 through 101.691, F.S.A. . . . F.S. § 101.62, F.S.A., sets forth the form of an application blank for an absentee ballot. . . . statutory forms for application and for the certificate on the return envelope as provided by F.S. §§ 101.62 . . .

W. GOLDNER, v. ADAMS,, 167 So. 2d 575 (Fla. 1964)

. . . See. 101.62, Florida Statutes 1963, F.S.A., provides for absentee voting “at any time during the forty-five . . .

McDONALD, v. R. MILLER J. B., 90 So. 2d 124 (Fla. 1956)

. . . Section 101.62, Florida Statutes, F.S.A., provides in substance that any elector who will be absent from . . . Section 101.62, supra, clearly requires that the application for an absentee ballot must be applied for . . .

PARRA, v. C. B. HARVEY, C. Jr. C., 89 So. 2d 870 (Fla. 1956)

. . . The requisites of the application are detailed in Sec. 101.62, Florida Statutes 1955, and F.S.A. . . .

WOOD, O B. v. D. DIEFENBACH,, 81 So. 2d 777 (Fla. 1955)

. . . See Section 101.62 F.S.1951, F.S.A. . . .