Florida Statutes

Fla. Stat. § 100.241 (2025)

Freeholder voting; election; penalties for ineligible persons who vote as freeholders.

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100.241 Freeholder voting; election; penalties for ineligible persons who vote as freeholders.—

(1) In any election or referendum in which only electors who are freeholders are qualified to vote, the regular registration books covering the precincts located within the geographical area in which the election or referendum is to be held shall be used.

(2) Qualification and registration of electors participating in a freeholder election or referendum subject to this section shall be the same as prescribed for voting in other elections under this code, and, in addition, each such elector shall submit a written declaration, verified pursuant to s. 92.525, affirming that the elector is a freeholder who is a qualified elector residing in the county, district, or municipality in which the election or referendum is to be held.

(3) Each registered elector who submits the written declaration giving a legal description, address, or location of property in the elector’s name which is not wholly exempt from taxation is entitled to vote in the election or referendum and is considered a freeholder.

(4) The actual costs of conducting a freeholder election or referendum subject to this section shall be paid by the county, district, or municipality requiring the election or referendum.

(5) A person may not vote in any county, district, or other election or referendum which is limited to a vote of the electors who are freeholders, unless the person is a freeholder and a qualified elector. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 9294, 1923; CGL 250; ss. 4, 6, 14, ch. 14715, 1931; CGL 1936 Supp. 457(4), (6), (14); s. 7, ch. 22858, 1945; s. 4, ch. 26870, 1951; s. 1, ch. 61-332; s. 5, ch. 65-240; s. 5, ch. 69-377; s. 12, ch. 77-175; s. 2, ch. 91-224; s. 548, ch. 95-147; s. 1, ch. 2012-156.

Note.—Former ss. 98.03, 103.04, 103.06, 103.14.

Arrestable Offenses under F.S. 100.241

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§100.241(5)ELECTION LAWSNON QUALIFIED ELECTOR FREEHOLDERM · 1st

Notes of Decisions

Cited in 7 cases, 1960–1967 · leading case: Special Tax Sch. Dist. No. 1 of Duval Cty. v. State, 123 So. 2d 316 (Fla. 1960).

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Special Tax Sch. Dist. No. 1 of Duval Cty. v. State, 123 So. 2d 316 (Fla. 1960). · cites it 2× “On the day of the election 6,190 persons who did not appear on the list of reregistered voters, but who qualified pursuant to the provisions of Section 100.241 (2) (d), [10] Florida Statutes, F.”

State v. Cnty. of Dade, 125 So. 2d 833 (Fla. 1960). · cites it 10× “One obj ection is to the function of election inspectors under Section 100.241 (2) (d) as violative of Section 27, Article III, Florida Constitution.”

State v. Cnty. of Sarasota, 155 So. 2d 543 (Fla. 1963). “The supervisor of registration certified that there were 25,129 registered electors who were freeholders qualified to vote in the special bond election, including 3,406 who qualified at the polls under subsection (2) (d) of § 100.241, Florida Statutes, F.S.A., 14,379 being a…”

Dade Cnty. v. State, 16 Fla. Supp. 126 (Fla. Cir. Ct., Miami-Dade Cty. 1960). · cites it 12× “081, Florida Statutes, and section 100.241, Florida Statutes (portions of the “Election Code of 1951” involved herein) are unconstitutional.”

Special Tax Sch. Dist. No. 1 v. State, 16 Fla. Supp. 110 (Fla. Cir. Ct., Duval Cty. 1960). · cites it 4× “Section 100.241, Florida Statutes. However, section 98.”

State v. Cnty. of Sarasota, 197 So. 2d 521 (Fla. 1967). · cites it 4× “ing County Judge and the Chairman of the Board of County Commissioners, canvassed the returns and certified [1] that there were 32,823 registered electors who were freeholders hence qualified to vote which number included 2,179 persons who were not registered freeholders hut who…”

Bd. of Pub. Instruction ex rel. Special Tax Sch. Dist. No. One v. State, 119 So. 2d 683 (Fla. 1960). “The said returns were so canvassed and the result showed that a majority of the qualified electors who were freeholders residing in the district at the time of the election and entitled to vote did participate in the election and favored approval of the bonds.”

— 100.241(2) — 3 cases

Special Tax Sch. Dist. No. 1 of Duval Cty. v. State, 123 So. 2d 316 (Fla. 1960). “On the day of the election 6,190 persons who did not appear on the list of reregistered voters, but who qualified pursuant to the provisions of Section 100.241 (2) (d), [10] Florida Statutes, F.”

State v. Cnty. of Dade, 125 So. 2d 833 (Fla. 1960). “One obj ection is to the function of election inspectors under Section 100.241 (2) (d) as violative of Section 27, Article III, Florida Constitution.”

Special Tax Sch. Dist. No. 1 v. State, 16 Fla. Supp. 110 (Fla. Cir. Ct., Duval Cty. 1960). “Section 100.241, Florida Statutes. However, section 98.”

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