Florida Statute 97.022 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 97
QUALIFICATION AND REGISTRATION OF ELECTORS

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F.S. 97.022

97.022 Office of Election Crimes and Security; creation; purpose and duties.—

(1) The Office of Election Crimes and Security is created within the Department of State. The purpose of the office is to aid the Secretary of State in completion of his or her duties under s. 97.012(12) and (15) by:

(a) Receiving and reviewing notices and reports generated by government officials or any other person regarding alleged occurrences of election law violations or election irregularities in this state.

(b) Initiating independent inquiries and conducting preliminary investigations into allegations of election law violations or election irregularities in this state.

(2) The office may review complaints and conduct preliminary investigations into alleged violations of the Florida Election Code or any rule adopted pursuant thereto and any election irregularities.

(3) The secretary shall appoint a director of the office.

(4) The office shall be based in Tallahassee and shall employ nonsworn investigators to conduct any investigations. The positions and resources necessary for the office to accomplish its duties shall be established through and subject to the legislative appropriations process.

(5) The office shall oversee the department’s voter fraud hotline.

(6) This section does not limit the jurisdiction of any other office or agency of the state empowered by law to investigate, act upon, or dispose of alleged election law violations.

(7) By January 15 of each year, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives detailing information on investigations of alleged election law violations or election irregularities conducted during the prior calendar year. The report must include the total number of complaints received and independent investigations initiated and the number of complaints referred to another agency for further investigation or prosecution, including the total number of those matters sent to a special officer pursuant to s. 102.091. For each alleged violation or irregularity investigated, the report must include:

(a) The source of the alleged violation or irregularity;

(b) The law allegedly violated or the nature of the irregularity reported;

(d) Whether the alleged violation or irregularity was referred to another agency for further investigation or prosecution and, if so, to which agency; and

(e) The current status of the investigation or resulting criminal case.

History.—s. 3, ch. 2022-73.

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Amendments to 97.022

Arrestable Offenses / Crimes under Fla. Stat. 97.022

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 97.022.

Annotations, Discussions, Cases:

Cases Citing Statute 97.022

Total Results: 5

Westerheide v. State

Court: Supreme Court of Florida | Date Filed: 2002-10-17

Citation: 831 So. 2d 93, 2002 WL 31319386

Snippet: person's liberty. Accord Converse, 823 So.2d at 296-97. [22] Similar to Westerheide's challenge, in People

1-888-Traffic Schools v. Chief Cir. Judge

Court: Supreme Court of Florida | Date Filed: 1999-05-27

Citation: 734 So. 2d 413, 1999 WL 343069

Snippet: of Appeal seeking review of Administrative Order 97-22, issued by the Honorable Donald R. Moran, Jr., Chief

Keitel v. Keitel

Court: District Court of Appeal of Florida | Date Filed: 1999-01-27

Citation: 724 So. 2d 1255, 1999 WL 30596

Snippet: distribution in the amended final judgment; case number 97-0022 was sua sponte dismissed for lack of prosecution;

1-888-Traffic Schools, Inc. v. Chief Circuit Judge

Court: District Court of Appeal of Florida | Date Filed: 1998-11-04

Citation: 719 So. 2d 1259, 1998 Fla. App. LEXIS 13932

Snippet: have jurisdiction to review Administrative Order 97-22, issued by the Chief Judge of the Fourth Judicial

ABG Investment, Inc. v. Selden

Court: District Court of Appeal of Florida | Date Filed: 1976-08-13

Citation: 336 So. 2d 444

Snippet: plaintiff-appellee Selden $50,000 principal, $14,097.22 interest, $55.10 costs, and $6,000 attorneys fees