Florida Statute 97.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 97
QUALIFICATION AND REGISTRATION OF ELECTORS

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F.S. 97.041

97.041 Qualifications to register or vote.—

(1)(a) A person may become a registered voter only if that person:

1. Is at least 18 years of age;

2. Is a citizen of the United States;

3. Is a legal resident of the State of Florida;

4. Is a legal resident of the county in which that person seeks to be registered; and

5. Registers pursuant to the Florida Election Code.

(b) A person who is otherwise qualified may preregister on or after that person’s 16th birthday and may vote in any election occurring on or after that person’s 18th birthday.

(2) The following persons, who might be otherwise qualified, are not entitled to register or vote:

(a) 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 pursuant to law.

(b) 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 pursuant to law.

(3) A person who is not registered may not vote.

History.—ss. 1, chs. 3850, 3879, 1889; RS 154; s. 1, ch. 4328, 1895; GS 170; RGS 215; s. 1, ch. 8583, 1921; CGL 248; s. 1, ch. 26870, 1951; s. 2, ch. 28156, 1953; s. 1, ch. 63-408; s. 3, ch. 65-60; s. 1, ch. 67-67; ss. 1, 4, ch. 71-108; s. 1, ch. 72-197; s. 2, ch. 73-157; s. 31, ch. 73-333; s. 1, ch. 74-5; s. 1, ch. 77-175; s. 2, ch. 89-338; s. 8, ch. 94-224; s. 12, ch. 2007-30; s. 2, ch. 2008-95.

Note.—Former s. 98.01.

F.S. 97.041 on Google Scholar

F.S. 97.041 on CourtListener

Amendments to 97.041

Annotations, Discussions, Cases:

Cases Citing Statute 97.041

Total Results: 38

Florida State Conference of the National Ass'n for the Advancement of Colored People v. Browning

522 F.3d 1153, 2008 WL 880569

Court of Appeals for the Eleventh Circuit | Filed: Apr 3, 2008 | Docket: 1552631

Cited 105 times | Published

[Subsection 6].” Fla. Stat. § 97.053(2). . Section 97.041 sets forth the "qualifications to register

Godwin v. State

593 So. 2d 211, 1992 WL 4452

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1447514

Cited 93 times | Published

Stat. (1989) (restriction on drivers' licenses); § 97.041(3)(a), Fla. Stat. (1989) (restriction on right

Beacham v. Braterman

300 F. Supp. 182

District Court, S.D. Florida | Filed: Oct 20, 1969 | Docket: 173498

Cited 38 times | Published

civil rights or removal of disability." Florida Statute 97.041(5) (d), F.S.A. "Qualifications to register

State v. Silva

259 So. 2d 153

Supreme Court of Florida | Filed: Feb 22, 1972 | Docket: 471593

Cited 31 times | Published

to FRCrP 3.300, F.S. § 40.01(1), (3), and F.S. § 97.041. Subsequently, the said motion to dismiss the

LeCroy v. State

533 So. 2d 750, 1988 WL 110770

Supreme Court of Florida | Filed: Oct 20, 1988 | Docket: 1232620

Cited 24 times | Published

seventeen-year-old such as appellant cannot vote, § 97.041, Fla. Stat. (1987), serve on a jury, § 40.01,

Johnson v. DeSoto County Board of Commissioners

204 F.3d 1335, 54 Fed. R. Serv. 246, 2000 U.S. App. LEXIS 3246

Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 2000 | Docket: 395779

Cited 22 times | Published

See Fla. Const. art. 6, § 4; Fla. Stat. § 97.041(2)(b). Removing these institutionalized members

Brennan v. State

754 So. 2d 1, 1999 WL 506966

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 471982

Cited 20 times | Published

seventeen-year-old such as appellant cannot vote, § 97.041, Fla. Stat. (1987), serve on a jury, § 40.01,

Bloomfield v. City of St. Petersburg Beach

82 So. 2d 364

Supreme Court of Florida | Filed: Sep 16, 1955 | Docket: 1359715

Cited 20 times | Published

Pinellas." Appellants further contend that under Section 97.041, Florida Statutes, F.S.A., in order to be a

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

See Fla. Stat. § 40.01. [44] See Fla. Stat. § 97.041. [45] See Fla. Stat. § 381.0075. [46] See Fla

Leach v. Johnston

812 F. Supp. 1198, 1992 WL 436560

District Court, M.D. Florida | Filed: Oct 7, 1992 | Docket: 1355250

Cited 14 times | Published

county where he wishes to register," see Fla.Stat. § 97.041(1); second, the oath given to electors, and presumably

Burkett v. State

518 So. 2d 1363, 1988 WL 2632

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 1778408

Cited 13 times | Published

pronounced. 1949 Op.Atty.Gen. Fla., p. 623. Section 97.041(3)(b), Florida Statutes (1985), provides that

Reed v. State

292 So. 2d 7

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1511700

Cited 12 times | Published

the durational residence requirements of F.S. Section 97.041, F.S.A., which required Florida citizens to

Maldonado v. Allstate Ins. Co.

789 So. 2d 464, 2001 Fla. App. LEXIS 9027, 2001 WL 726002

District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 43842

Cited 8 times | Published

the county, and a citizen of the United States. § 97.041, Fla. Stat. (2000).[2] Thus, it is obvious that

Johnson v. DeSoto County Board

204 F.3d 1335

Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 2000 | Docket: 395777

Cited 8 times | Published

law. See Fla. Const. art. 6, § 4; Fla. Stat. § 97.041(2)(b). Removing these institutionalized members

Dixon v. Pasadena Yacht & Country Club

731 So. 2d 141, 1999 WL 242556

District Court of Appeal of Florida | Filed: Apr 27, 1999 | Docket: 1408863

Cited 8 times | Published

Arthur Larson, The Law of Workmen's Compensation, § 97.41(b) (1994). Frequently the offset cannot exceed

Richey v. Town of Indian River Shores

337 So. 2d 410

District Court of Appeal of Florida | Filed: Sep 24, 1976 | Docket: 1735048

Cited 6 times | Published

must be a permanent resident of the county. Section 97.041(1), Florida Statutes 1974. When you add to

Ozbourn v. State

651 So. 2d 795, 1995 WL 93822

District Court of Appeal of Florida | Filed: Mar 9, 1995 | Docket: 1518164

Cited 5 times | Published

Stat. (1989) (restriction on drivers' licenses); § 97.041(3)(a), Fla. Stat. (1989) (restriction on right

Daves v. City of Longwood

423 F. Supp. 503, 1976 U.S. Dist. LEXIS 12093

District Court, M.D. Florida | Filed: Nov 29, 1976 | Docket: 2239212

Cited 5 times | Published

requirement as a condition to registering to vote. See § 97.041, F.S.A. Therefore, the relationship between the

Hinnant v. Sebesta

346 F. Supp. 913, 1972 U.S. Dist. LEXIS 12336

District Court, M.D. Florida | Filed: Aug 14, 1972 | Docket: 1492198

Cited 5 times | Published

the durational residency requirements of Florida Statute 97.041, F.S.A., (1971) were unconstitutional under

Trushin v. State

384 So. 2d 668

District Court of Appeal of Florida | Filed: May 20, 1980 | Docket: 1678466

Cited 4 times | Published

of Florida, and thus eligible to vote under Section 97.041, Florida Statutes (1978) at the November, 1978

In Re Florida Board of Bar Examiners

350 So. 2d 1072

Supreme Court of Florida | Filed: Sep 29, 1977 | Docket: 1757844

Cited 4 times | Published

775.13 (registration of convicted felons); Section 97.041(3)(d) (voting); and Section 561.15 (beverage

Hinnant v. Sebesta

363 F. Supp. 398, 1973 U.S. Dist. LEXIS 11998

District Court, M.D. Florida | Filed: Sep 7, 1973 | Docket: 2107417

Cited 4 times | Published

1972, challenging the constitutionality of Florida Statute 97.041, F.S.A. which requires a minimum durational

Woodsum v. Boyd

341 F. Supp. 448, 1972 U.S. Dist. LEXIS 14113

District Court, M.D. Florida | Filed: Apr 19, 1972 | Docket: 1150537

Cited 4 times | Published

have the durational residency requirements of Section 97.041 of the Florida Statutes, F.S.A. declared unconstitutional

McLean v. Bellamy

437 So. 2d 737

District Court of Appeal of Florida | Filed: Sep 8, 1983 | Docket: 1675160

Cited 3 times | Published

qualified elector in Florida, as provided by Section 97.041, Florida Statutes, is a person who is over

Taylor v. UNITED SERVICES AUTO. ASS'N

684 So. 2d 890, 1996 WL 728651

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1740954

Cited 2 times | Published

030(a)(2)(A)(v). DAUKSCH, J., concurs. NOTES [1] § 97.041, Fla.Stat. [2] §§ 61.021, 61.10, Fla.Stat. [3]

Krivanek v. Take Back Tampa Political Committee

603 So. 2d 528, 1992 WL 148222

District Court of Appeal of Florida | Filed: Jul 1, 1992 | Docket: 1476218

Cited 2 times | Published

wishes to register" and who registers to vote. § 97.041(1)(a), Fla. Stat. None of these provisions specifically

City of Pensacola v. Winchester

560 So. 2d 1273, 1990 WL 48642

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1477696

Cited 2 times | Published

A. Larson, Larson's Workman's Compensation Law § 97.41(c) (1989). The pension plan at issue in this case

Gutterman v. State

141 So. 2d 21

District Court of Appeal of Florida | Filed: May 3, 1962 | Docket: 1476343

Cited 2 times | Published

be qualified electors of said City * * *." Section 97.041, Florida Statutes, F.S.A., provides that the

Advisory Opinion to the Attorney General Re: Citizenship Requirement to Vote in Florida Elections

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761643

Published

statute uses the exclusionary word “only.” See § 97.041(1)(a), Fla. Stat. (2019). The proposed amendment

Kinney v. Putnam County Canvassing Board

253 So. 3d 1254

District Court of Appeal of Florida | Filed: Sep 10, 2018 | Docket: 7912334

Published

restoration of [his or her] civil rights . . . .”6 Section 97.041 codifies the constitutional requirement of

Hand v. Scott

315 F. Supp. 3d 1244

District Court, N.D. Florida | Filed: Mar 27, 2018 | Docket: 64319121

Published

§ 4 (a), FLA. CONST. art. IV § 8, FLA. STAT. § 97.041(2)(b), FLA. STAT. § 944.292(1), and the Florida

Diaz v. Cobb

475 F. Supp. 2d 1270, 2007 U.S. Dist. LEXIS 13371, 2007 WL 603053

District Court, S.D. Florida | Filed: Feb 27, 2007 | Docket: 2381359

Published

limitation on voting rights in Florida. Florida Statute § 97.041(2) mandates that, "the following persons, who

Vetter v. Department of Business & Professional Regulation, Electrical Contractors' Licensing Board

920 So. 2d 44, 2005 Fla. App. LEXIS 19712, 2005 WL 3408050

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 64842128

Published

exercising a right or a duty, it knows how. See, e.g., § 97.041 (stating that an unrestored convicted felon is

James v. County of Volusia

683 So. 2d 555, 1996 Fla. App. LEXIS 10886, 1996 WL 595162

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64769332

Published

presidential electors. And we should consider section 97.041, Florida Statutes, which lists the qualifications

Ago

Florida Attorney General Reports | Filed: Jul 3, 1975 | Docket: 3257466

Published

any state prison are not entitled to vote. Section 97.041(3)(b) and (d).) Absentee registration may be

Ago

Florida Attorney General Reports | Filed: Oct 31, 1974 | Docket: 3257699

Published

ss. 97.041, 97.051,97.071, and 98.111, F.S. Section 97.041(1), F.S., as amended by Ch. 74-5, Laws of Florida

State v. Parsons

302 So. 2d 766, 1974 Fla. App. LEXIS 8468

District Court of Appeal of Florida | Filed: Jul 26, 1974 | Docket: 64542361

Published

Defendant to take that oath in order to register. Section 97.041, Florida Statutes, is entitled “Qualifications

Ago

Florida Attorney General Reports | Filed: Jan 9, 1974 | Docket: 3257005

Published

as amended by Ch. 73-308, Laws of Florida. Section 97.041, F.S., provides in part: "97.041 Qualifications