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Florida Statute 101.015 - Full Text and Legal Analysis
Florida Statute 101.015 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
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;
(c) Physical and design characteristics;
(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.

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Amendments to 101.015


Annotations, Discussions, Cases:

Cases Citing Statute 101.015

Total Results: 17  |  Sort by: Relevance  |  Newest First

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Peter Letterese & Assocs., Inc. v. World Inst. of Scientology Enter., Int'l, 533 F.3d 1287 (11th Cir. 2008).

Cited 48 times | Published | Court of Appeals for the Eleventh Circuit | 87 U.S.P.Q. 2d (BNA) 1563, 2008 U.S. App. LEXIS 14496, 2008 WL 2652291

authorship, is a "derivative work." 17 U.S.C. § 101. [15] PL&A attempts to distinguish the courses further
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In Re Beacon Reef Ltd. P'ship, 43 B.R. 644 (Bankr. S.D. Fla. 1984).

Cited 15 times | Published | United States Bankruptcy Court, S.D. Florida. | 11 Collier Bankr. Cas. 2d 1283, 1984 Bankr. LEXIS 4747

interest of "an equity security holder" under § 101(15) which includes "an interest of the limited partner
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Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010).

Cited 15 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 101, 2010 Fla. LEXIS 218, 2010 WL 455276

...laces. See §§ 101.001, 101.002, Fla. Stat. (2006). The supervisors of elections of each county are authorized to draft written procedures to ensure the accuracy and security of elections, which are subject to review by the Department of State. See § 101.015(4)(b)-(c), Fla....
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Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007).

Cited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170111

...Section 101.051 outlines the procedures to handle electors' requests for assistance with ballots. Section 101.111 sets forth the procedures to challenge a person's right to vote. Section 101.131 provides directives for poll watchers' conduct. Section 101.151 provides instructions regarding the content and style of ballots. Section 101.015 also sets forth standards for voting systems to be used in Florida. Importantly, while chapter 101 confers upon local supervisors of elections authority to draft procedures to ensure accuracy and security in their respective counties, it requires that such procedures be reviewed by the Department of State. See § 101.015(4)(b)-(c). Section 101.015(3) also gives the Department of State authority to adopt rules intended "to achieve and maintain the maximum degree of correctness, impartiality, and efficiency of the procedures of voting," including the counting, tabulating, and recording of votes....
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Salkin v. Chira (In Re Chira), 353 B.R. 693 (Bankr. S.D. Fla. 2006).

Cited 8 times | Published | United States Bankruptcy Court, S.D. Florida.

term "entity" includes person. . . . 11 U.S.C. § 101(15). The term "person" includes . . . corporation
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Wexler v. Lepore, 878 So. 2d 1276 (Fla. 4th DCA 2004).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2004 WL 1753408

...pproval of electronic or electromechanical systems. The Department of State is responsible for adopting rules establishing minimum standards for hardware and software for electronic voting systems and reviewing such rules each odd-numbered year. See § 101.015(1) & (5), Fla. Stat. (2003). It has the authority to approve or disapprove any voting system. See §§ 101.015 & 101.5605, Fla....
...However, within that same subsection is a provision for the promulgation of rules concerning recount procedures. The Legislature delegated authority to the Secretary of State to adopt rules for the certification of each electronic voting system. See § 101.015(1), Fla....
...may thwart voter intent. See generally Bush v. Gore, 531 U.S. 98, 121 S.Ct. 525, 148 L.Ed.2d 388 (2000)." Id. at 1106. By enacting the Electronic Voting Rights Act, the Legislature allowed for the certification of a touchscreen voting system. See §§ 101.015 & 101.5606, Fla....
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In Re Tyson, 145 B.R. 91 (Bankr. M.D. Fla. 1992).

Cited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 245, 1992 Bankr. LEXIS 1413, 70 A.F.T.R.2d (RIA) 5490, 1992 WL 229082

clearly includes governmental units pursuant to § 101(15) of the Bankruptcy Code. Under the Eighth and
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In Re Marathe, 459 B.R. 850 (Bankr. M.D. Fla. 2011).

Cited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 23 Fla. L. Weekly Fed. B 201, 66 Collier Bankr. Cas. 2d 1343, 2011 Bankr. LEXIS 4554

definitions in § 101 of the Bankruptcy Code apply, and § 101(15) provides that the term "entity" includes a person
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Wexler v. Lepore, 319 F. Supp. 2d 1354 (S.D. Fla. 2004).

Cited 3 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9820, 2004 WL 1196548

...§§ 101.5605, 101.5606. In addition to these requirements, the Department of State is responsible both for adopting rules that establish minimum standards for electronic voting systems and for reviewing such rules each odd-numbered year. Fla. Stat. § 101.015. Based on compliance with these requirements and standards, the Department of State has the authority to approve or disapprove any voting system. See Fla. Stat. §§ 101.5605, 101.015....
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Drewes v. Levin (In Re Levin), 434 B.R. 910 (Bankr. S.D. Fla. 2010).

Cited 2 times | Published | United States Bankruptcy Court, S.D. Florida.

The term "entity" includes a "person." 11 U.S.C. § 101(15). The term "person" includes an "individual."
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Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004).

Cited 1 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 21344, 2004 WL 2421584

...§§ 101.5605, 101.5606. In addition to these requirements, the Department of State is responsible both for adopting rules that establish minimum standards for electronic voting systems and for reviewing such rules each oddnumbered year. Fla. Stat. § 101.015. Based on compliance with these requirements and standards, the Department of State has the authority to approve or disapprove any voting system. See Fla. Stat. §§ 101.5605, 101.015....
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Gore v. Harris, 773 So. 2d 524 (Fla. 2000).

Cited 1 times | Published | Supreme Court of Florida | 2000 WL 1867628

...If a recount of overvotes were also required, perhaps even a second screening would be necessary. Use of equipment for this purpose, and any new software developed for it, would have to be evaluated for accuracy by the Secretary of State, as required by Fla. Stat. § 101.015 (2000)....
...And finally, the Court construed Florida law to give the Secretary a decisive evaluative role: Use of the equipment for this purpose, and any new software developed for it, would have to be evaluated for accuracy by the Secretary of State, as required by Fla.Stat. § 101.015 (2000)....
...) the chad reflects by other means a clearly ascertainable intent of the voter to vote. (e) Subsection (d) does not supersede any clearly ascertainable intent of the voter. Tex.Elec.Code Ann. § 127.130 (Vernon Supp. 2001). [32] Further, pursuant to section 101.015(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 impar...
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Latimer v. Roaring Toyz, Inc., 574 F. Supp. 2d 1265 (M.D. Fla. 2008).

Cited 1 times | Published | District Court, M.D. Florida | 88 U.S.P.Q. 2d (BNA) 1814, 2008 U.S. Dist. LEXIS 60018, 2008 WL 3256364

authorship, is a `derivative work'." 17 U.S.C. § 101. [15] The Court rejects Defendants' argument that
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Ago (Fla. Att'y Gen. 2003).

Published | Florida Attorney General Reports

...of Voting Systems Certification (bureau) within the Division of Elections (division) of the Department of State. The bureau provides technical support to the supervisors of elections and is responsible for voting system standards and certification. Section 101.015 , Florida Statutes, requires the Department of State to adopt rules establishing minimum standards for "hardware and software for electronic and electromechanical voting systems." The statute requires that these rules contain standard...
...t the making of a copy may be subject to the copyright law. However, as this office has advised previously, it is advisable for the custodian to refrain from copying such records himself or herself. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 101.015 (1)(a)-(e), Fla....
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Tobkin v. Florida Bar, 509 B.R. 731 (S.D. Fla. 2014).

Published | District Court, S.D. Florida | 2014 WL 105375, 2014 U.S. Dist. LEXIS 3021

S.C. § 101(27) 3 Tobkin argues that 11 U.S.C. § 101(15)4 defines the universal set of all possible categories
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Ago (Fla. Att'y Gen. 1990).

Published | Florida Attorney General Reports

are received by the division. Question One Section 101.015(1), F.S., requires the Department of State
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Talal Qais Abdulmunem Al Zawawi v. Colin Diss (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Mar 10, 2023

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

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