Florida Statutes

Fla. Stat. § 101.294 (2025)

Purchase and sale of voting equipment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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101.294 Purchase and sale of voting equipment.—

(1) The Division of Elections of the Department of State shall adopt uniform rules for the purchase, use, and sale of voting equipment in the state. No governing body shall purchase or cause to be purchased any voting equipment unless such equipment has been certified for use in this state by the Department of State.

(2) Any governing body contemplating the purchase or sale of voting equipment shall notify the Division of Elections of such considerations. The division shall attempt to coordinate the sale of excess or outmoded equipment by one county with purchases of necessary equipment by other counties.

(3) The division shall inform the governing bodies of the various counties of the state of the availability of new or used voting equipment and of sources available for obtaining such equipment.

(4) A vendor of voting equipment may not provide an uncertified voting system, voting system component, or voting system upgrade to a local governing body or supervisor of elections in this state.

(5) Before or in conjunction with providing a voting system, voting system component, or voting system upgrade, the vendor shall provide the local governing body or supervisor of elections with a sworn certification that the voting system, voting system component, or voting system upgrade being provided has been certified by the Division of Elections.

History.—s. 2, ch. 72-303; s. 19, ch. 73-156; s. 17, ch. 77-175; s. 6, ch. 84-302; s. 31, ch. 2005-277.

Notes of Decisions

Cited in 9 cases, 2003–2011 · leading case: Robert Wexler v. Arthur Anderson, 452 F.3d 1226 (11th Cir. 2006).

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Robert Wexler v. Arthur Anderson, 452 F.3d 1226 (11th Cir. 2006). “5604 ; see also Fla. Stat. § 101.294 . In fifteen of Florida’s sixty-seven counties, voters cast their votes using paperless touchscreen voting machines, which require that voters make their selections directly on computer screens by literally touching the screen as indicated.”

Wexler v. Lepore, 319 F. Supp. 2d 1354 (S.D. Fla. 2004). · cites it 4× “Fla. Stat. § 101.294 . Upon approval of an electronic voting system by the De *1357 partment of State, the board of county commissioners of any county, after consultation with the supervisor of elections, may approve, purchase, or procure the use of said voting system.”

Am. Ass'n of People With Disabilities v. Hood, 310 F. Supp. 2d 1226 (M.D. Fla. 2004). · cites it 2× “14; Fla. Stat. § 101.294 (1). Defendant Edward East is the Director of the DOE.”

Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004). · cites it 4× “Fla. Stat. § 101.294 . The decision to use a particular electronic voting system in a county is left to each county’s board of county commissioners.”

Am. Ass'n of People With Disabilities Ex Rel. O'Connor v. Harris, 605 F.3d 1124 (11th Cir. 2010). “Fla. Stat. § 101.294 . Prior to the issuance of the district court's March 26 judgment, Diebold Election Systems, Inc.”

Am. Ass'n of People With Disabilities v. Hood, 278 F. Supp. 2d 1345 (M.D. Fla. 2003). · cites it 4× “See Fla. Stat. § 101.294 (1). The Certification process begins when a voting system is presented to the Bureau of Voting Systems Certification by the filing of a Division of Elections application form entitled “Application for Certification or Provisional Certification of Voting…”

Am. Ass'n of People with Disabilities ex rel. O'Connor v. Harris, 647 F.3d 1093 (11th Cir. 2011). “Fla. Stat. § 101.294 . Prior to the issuance of the 2004 order, Die-bold Election Systems, Inc.”

Am. Ass'n of People With Disab. v. Harris, 605 F.3d 1124 (11th Cir. 2010). “Fla. Stat. § 101.294 . Prior to the issuance of the district court's March 26 judgment, Diebold Election Systems, Inc.”

Am. Ass'n of People With Disabilities v. Harris, 647 F.3d 1093 (11th Cir. 2011). “Fla. Stat. § 101.294 . Prior to the issuance of the 2004 order, Diebold Election Systems, Inc.”

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