Florida Statute 101.015 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

View Entire Chapter

F.S. 101.015

101.015 Standards for voting systems.—

(1) The Department of State shall adopt rules which establish minimum standards for hardware and software for electronic and electromechanical voting systems. Such rules shall contain standards for:

(a) Functional requirements;

(b) Performance levels;

(d) Documentation requirements; and

(e) Evaluation criteria.

(2) Each odd-numbered year the Department of State shall review the rules governing standards and certification of voting systems to determine the adequacy and effectiveness of such rules in assuring that elections are fair and impartial.

(3) The Department of State shall adopt rules to achieve and maintain the maximum degree of correctness, impartiality, and efficiency of the procedures of voting, including write-in voting, and of counting, tabulating, and recording votes by voting systems used in this state.

(4)(a) The Department of State shall adopt rules establishing minimum security standards for voting systems. The standards, at a minimum, must address the following:

1. Chain of custody of ballots, including a detailed description of procedures to create a complete written record of the chain of custody of ballots and paper outputs beginning with their receipt from a printer or manufacturer until such time as they are destroyed.

2. Transport of ballots, including a description of the method and equipment used and a detailed list of the names of all individuals involved in such transport.

3. Ballot security, including a requirement that all ballots be kept in a locked room in the supervisor’s office, a facility controlled by the supervisor or county canvassing board, or a public place in which the county canvassing board is canvassing votes until needed for canvassing and returned thereafter.

(b)1. Each supervisor shall establish written procedures to assure accuracy and security in his or her county, including procedures related to early voting pursuant to s. 101.657. Such procedures shall be reviewed in each odd-numbered year by the department.

2. Each supervisor shall submit any revisions to the security procedures to the department at least 45 days before early voting commences pursuant to s. 101.657 in an election in which they are to take effect.

(5)(a) The Department of State shall adopt rules which establish standards for provisional approval of hardware and software for innovative use of electronic and electromechanical voting systems. Such rules shall contain standards for:

1. Functional requirements;

2. Performance levels;

3. Physical and design characteristics;

4. Documentation requirements;

5. Evaluation criteria;

6. Audit capabilities; and

7. Consideration of prior use of a system.

(b) A voting system shall be provisionally approved for a total of no more than 2 years, and the Department of State has the authority to revoke such approval. Provisional approval of a system shall not be granted by the Department of State to supersede certification requirements of this section.

(c)1. No provisionally approved system may be used in any election, including any municipal election, without the authorization of the Department of State.

2. An application for use of a provisionally approved system shall be submitted at least 120 days prior to the intended use by the supervisor of elections or municipal elections official. Such application shall request authorization for use of the system in a specific election. Each application shall state the election, the number of precincts, and the number of anticipated voters for which the system is requested for use.

3. The Department of State shall authorize or deny authorization of the use of the provisionally approved system for the specific election and shall notify the supervisor of elections or municipal elections official in writing of the authorization or denial of authorization, along with the reasons therefor, within 45 days after receipt of the application.

(d) A contract for the use of a provisionally approved system for a specific election may be entered into with the approval of the Department of State. No contract for title to a provisionally approved system may be entered into.

(e) The use of any provisionally approved system shall be valid for all purposes.

(6) All electronic and electromechanical voting systems purchased on or after January 1, 1990, must meet the minimum standards established under subsection (1). All electronic and electromechanical voting systems in use on or after July 1, 1993, must meet the minimum standards established under subsection (1) or subsection (5).

(7) The Division of Elections shall review the voting systems certification standards and ensure that new technologies are available for selection by boards of county commissioners which meet the requirements for voting systems and meet user standards. The Division of Elections shall continuously review the voting systems certification standards to ensure that new technologies are appropriately certified for all elections in a timely manner. The division shall also develop methods to determine the will of the public with respect to voting systems.

History.—s. 4, ch. 89-348; s. 16, ch. 90-315; s. 551, ch. 95-147; s. 6, ch. 2001-40; s. 10, ch. 2004-252; s. 7, ch. 2019-162.

F.S. 101.015 on Google Scholar

F.S. 101.015 on CourtListener

Amendments to 101.015

Annotations, Discussions, Cases:

Cases Citing Statute 101.015

Total Results: 17

Peter Letterese & Associates, Inc. v. World Institute of Scientology Enterprises, International

533 F.3d 1287, 87 U.S.P.Q. 2d (BNA) 1563, 2008 U.S. App. LEXIS 14496, 2008 WL 2652291

Court of Appeals for the Eleventh Circuit | Filed: Jul 8, 2008 | Docket: 1240267

Cited 48 times | Published

authorship, is a "derivative work." 17 U.S.C. § 101. [15] PL&A attempts to distinguish the courses further

Sarasota Alliance for Fair Elections, Inc. v. Browning

28 So. 3d 880, 35 Fla. L. Weekly Supp. 101, 2010 Fla. LEXIS 218, 2010 WL 455276

Supreme Court of Florida | Filed: Feb 11, 2010 | Docket: 1652597

Cited 15 times | Published

subject to review by the Department of State. See § 101.015(4)(b)-(c), Fla. Stat. (2006). The board of county

In Re Beacon Reef Ltd. Partnership

43 B.R. 644, 11 Collier Bankr. Cas. 2d 1283, 1984 Bankr. LEXIS 4747

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 24, 1984 | Docket: 1424133

Cited 15 times | Published

interest of "an equity security holder" under § 101(15) which includes "an interest of the limited partner

Browning v. Sarasota Alliance

968 So. 2d 637, 2007 WL 3170111

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 2531657

Cited 8 times | Published

regarding the content and style of ballots. Section 101.015 also sets forth standards for voting systems

Salkin v. Chira (In Re Chira)

353 B.R. 693

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 20, 2006 | Docket: 2518625

Cited 8 times | Published

term "entity" includes person. . . . 11 U.S.C. § 101(15). The term "person" includes . . . corporation

Wexler v. Lepore

878 So. 2d 1276, 2004 WL 1753408

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 759270

Cited 8 times | Published

reviewing such rules each odd-numbered year. See § 101.015(1) & (5), Fla. Stat. (2003). It has the authority

In Re Tyson

145 B.R. 91, 6 Fla. L. Weekly Fed. B 245, 1992 Bankr. LEXIS 1413, 70 A.F.T.R.2d (RIA) 5490, 1992 WL 229082

United States Bankruptcy Court, M.D. Florida | Filed: Jul 20, 1992 | Docket: 1407438

Cited 7 times | Published

clearly includes governmental units pursuant to § 101(15) of the Bankruptcy Code. Under the Eighth and

In Re Marathe

459 B.R. 850, 23 Fla. L. Weekly Fed. B 201, 66 Collier Bankr. Cas. 2d 1343, 2011 Bankr. LEXIS 4554

United States Bankruptcy Court, M.D. Florida | Filed: Nov 10, 2011 | Docket: 2067565

Cited 4 times | Published

definitions in § 101 of the Bankruptcy Code apply, and § 101(15) provides that the term "entity" includes a person

Wexler v. Lepore

319 F. Supp. 2d 1354, 2004 U.S. Dist. LEXIS 9820, 2004 WL 1196548

District Court, S.D. Florida | Filed: May 24, 2004 | Docket: 2184857

Cited 3 times | Published

such rules each odd-numbered year. Fla. Stat. § 101.015. Based on compliance with these requirements and

Drewes v. Levin (In Re Levin)

434 B.R. 910

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 3, 2010 | Docket: 1821590

Cited 2 times | Published

The term "entity" includes a "person." 11 U.S.C. § 101(15). The term "person" includes an "individual."

Latimer v. Roaring Toyz, Inc.

574 F. Supp. 2d 1265, 88 U.S.P.Q. 2d (BNA) 1814, 2008 U.S. Dist. LEXIS 60018, 2008 WL 3256364

District Court, M.D. Florida | Filed: Aug 7, 2008 | Docket: 1480581

Cited 1 times | Published

authorship, is a `derivative work'." 17 U.S.C. § 101. [15] The Court rejects Defendants' argument that

Wexler v. Lepore

342 F. Supp. 2d 1097, 2004 U.S. Dist. LEXIS 21344, 2004 WL 2421584

District Court, S.D. Florida | Filed: Oct 25, 2004 | Docket: 2225005

Cited 1 times | Published

such rules each oddnumbered year. Fla. Stat. § 101.015. Based on compliance with these requirements and

Gore v. Harris

773 So. 2d 524, 2000 WL 1867628

Supreme Court of Florida | Filed: Dec 22, 2000 | Docket: 1291959

Cited 1 times | Published

Secretary of State, as required by Fla. Stat. § 101.015 (2000). Id. at 532-33. The Supreme Court ultimately

Talal Qais Abdulmunem Al Zawawi v. Colin Diss

Court of Appeals for the Eleventh Circuit | Filed: Apr 3, 2024 | Docket: 67020833

Published

Argued: Mar 10, 2023

States” and “mu- nicipalit[ies].” See id. § 101(15) (deﬁning “entity” to include “per- son[s]

Tobkin v. Florida Bar

509 B.R. 731, 2014 WL 105375, 2014 U.S. Dist. LEXIS 3021

District Court, S.D. Florida | Filed: Jan 10, 2014 | Docket: 65516781

Published

S.C. § 101(27) 3 Tobkin argues that 11 U.S.C. § 101(15)4 defines the universal set of all possible categories

Ago

Florida Attorney General Reports | Filed: Jun 6, 2003 | Docket: 3257275

Published

voting system standards and certification. Section 101.015, Florida Statutes, requires the Department

Ago

Florida Attorney General Reports | Filed: Dec 28, 1990 | Docket: 3257893

Published

are received by the division. Question One Section 101.015(1), F.S., requires the Department of State