Florida Statute 97.023 | 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. 97.023

97.023 Procedures on complaints of violations.—

(1)(a) Any person who is aggrieved by a violation of either the National Voter Registration Act of 1993 or a voter registration or removal procedure under the Florida Election Code may file a written complaint with the department, which shall serve as notice to the Secretary of State.

(b) A complaint must state the alleged violation and the person or entity responsible, who must be the department, a voter registration agency, a supervisor, the Department of Highway Safety and Motor Vehicles, or an Armed Forces Recruitment Center. If the department determines that a complaint fails to allege both a violation and a person or entity responsible for the violation, the department shall inform the complainant that he or she has not given sufficient notice and the steps that must be taken in order to give proper notice.

(c) For the purposes of this section, a violation of either the National Voter Registration Act of 1993 or a voter registration or removal procedure under the Florida Election Code is the failure to perform an act required or the performance of an act prohibited by either the National Voter Registration Act of 1993 or a voter registration or removal procedure under the Florida Election Code.

(d) The department has primary jurisdiction over complaints filed under the provisions of this section.

(2) When a complaint is filed with the department, the parties to the complaint must be given the opportunity to resolve the complaint through an informal dispute resolution process to be established by the department. This process must provide for:

(a) A time limitation of 30 days on the process, unless the alleged violation occurred within 120 days before the date of an election, in which case there must be a time limitation of 20 days;

(b) A mediator provided by the department, who may be a department employee unless the department is alleged to be responsible for the violation, in which case the Governor must appoint a mediator who is not a department employee;

(d) Notice to a respondent of the allegations filed against him or her in the complaint;

(e) An opportunity for the parties to submit written statements, present oral argument either in person or by telephone, and present evidence; and

(f) A written statement by the mediator to the department stating the outcome of the dispute resolution process.

(3) If an alleged violation occurred within 30 days before the date of a state or federal election and the alleged violation will affect the registrant’s right to vote in that election, the complainant may immediately bring an action in the circuit court in the county where the alleged violation occurred. Otherwise, the following are conditions precedent for a complainant to bring an action for declaratory or injunctive relief in the circuit court in the county where the alleged violation occurred:

(a) The complainant gave proper written notice of the alleged violation to the Secretary of State;

(b) The complainant participated in the informal dispute resolution process; and

(c) An agreement is not reached or an alleged violation is not corrected within 90 days after receipt of notice or 20 days after receipt of notice if the alleged violation occurred within 120 days before the date of an election.

History.—s. 4, ch. 94-224; s. 1383, ch. 95-147.

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Amendments to 97.023

Arrestable Offenses / Crimes under Fla. Stat. 97.023

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 97.023.

Annotations, Discussions, Cases:

Cases Citing Statute 97.023

Total Results: 15

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-12-29

Snippet: working paper). 7 See also Op. Att'y Gen. Fla. 97-23 (1997) (written comments and performance memoranda

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-04-05

Snippet: office concluded in Attorney General's Opinion 97-23 that the written comments and performance memoranda

Brooks v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-10-24

Citation: 700 So. 2d 473, 1997 WL 661410

Snippet: Appellant, v. STATE of Florida, Appellee. No. 97-23. District Court of Appeal of Florida, Fifth District

Estate of Ganier v. Estate of Ganier

Court: Supreme Court of Florida | Date Filed: 1982-07-29

Citation: 418 So. 2d 256

Snippet: contemplation of marriage. In Colcord v. Conroy, 40 Fla. 97, 23 So. 561 (1898), we held that a woman's will was

Morgan Walton Properties, Inc. v. INTERN. CITY BANK & TRUST CO.

Court: Supreme Court of Florida | Date Filed: 1981-10-08

Citation: 404 So. 2d 1059

Snippet: by the laws of the former... . 39 Fla. at 596-97, 23 So. at 17. The certified question asks whether

Estate of Ganier

Court: District Court of Appeal of Florida | Date Filed: 1981-05-27

Citation: 402 So. 2d 418

Snippet: the birth of issue. Colcord v. Conroy, 40 Fla. 97, 23 So. 561 (1898); 95 C.J.S. Wills § 291 (1957); Redfearn

State v. Covington

Court: Supreme Court of Florida | Date Filed: 1981-01-15

Citation: 392 So. 2d 1321

Snippet: 2d 428 (Fla. 1954); Colcord v. Conroy, 40 Fla. 97, 23 So. 561 (1898). Section 517.301(1), Florida Statutes

State Ex Rel. Landis v. Harris

Court: Supreme Court of Florida | Date Filed: 1934-06-11

Citation: 163 So. 237, 120 Fla. 555

Snippet: same particulars. Billings v. Illinois, 188 U.S. 97, 23 Sup. Ct. Rep. 272, 47 L.Ed. 400. The State Legislature

Anderson v. Board of Public Instruction

Court: Supreme Court of Florida | Date Filed: 1931-08-03

Citation: 136 So. 334, 102 Fla. 695

Snippet: same particulars. Billings v. Illinois, 188 U.S. 97, 23 Sup. Ct. Rep. 272, 47 L.Ed. 400. The State Legislature

State Ex Rel. Trustee Realty Co. v. Atkinson

Court: Supreme Court of Florida | Date Filed: 1929-05-30

Citation: 122 So. 794, 97 Fla. 1032

Snippet: 576; Romig v. Gillett, 187 U.S. 111, 47 L.Ed. 97, 23 Sup. Ct. R. 40; Chapman v. Moore, 151 Cal. 509

Schaefer v. Voyle

Court: Supreme Court of Florida | Date Filed: 1924-08-01

Citation: 88 Fla. 170, 102 So. 7

Snippet: death of the testator (Colcord v. Conroy, 40 Fla. 97, 23 South. Rep. 561) and take effect as if executed

Herzog v. Trust Co.

Court: Supreme Court of Florida | Date Filed: 1914-01-27

Citation: 67 Fla. 54, 64 So. 426

Snippet: law must be applied. Colcord v. Conroy, 40 Fla. 97, 23 South. Rep. 561; Easterlin v. Easterlin, 62 Fla

Easterlin v. Easterlin

Court: Supreme Court of Florida | Date Filed: 1911-06-15

Citation: 62 Fla. 468

Snippet: revoking the will.” Colcord v. Conroy, 40 Fla. 97, 23 South. Rep. 561. These principles do not decide

Atlantic Coast Line Railroad v. Coachman

Court: Supreme Court of Florida | Date Filed: 1910-01-15

Citation: 59 Fla. 130

Snippet: Rep. 1001, citing Billings v. Illinois, 188 U. S. 97, 23 Sup. Ct. Rep. 272, this court said: “Great latitude

Seaboard Air Line Railway v. Simon

Court: Supreme Court of Florida | Date Filed: 1908-06-15

Citation: 56 Fla. 545

Snippet: its proper powers. Billings v. Illinois 188 U. S. 97, 23 Sup. Ct. Rep. 272. But if a statute, clearly violates