Florida Statute 101.49 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.49

101.49 Procedure of election officers where signatures differ.—

(1) Whenever any clerk or inspector, upon a just comparison of the signatures, doubts that the signature on the identification presented by the elector is the same as the signature the elector affixed on the precinct register or early voting certificate, the clerk or inspector shall deliver to the person an affidavit which shall be in substantially the following form:

STATE OF FLORIDA,

COUNTY OF

I do solemnly swear (or affirm) that my name is ; that I am years old; that I was born in the State of ; that I am registered to vote; that I am a qualified voter of the county and state aforesaid and have not voted in this election.

(Signature of voter)

Sworn to and subscribed before me this day of , A. D. (year) .

(Clerk or inspector of election)

Precinct No.

County of

(2) The person shall fill out, in his or her own handwriting or with assistance from a member of the election board, the form and make an affidavit to the facts stated in the filled-in form; such affidavit shall then be sworn to and subscribed before one of the inspectors or clerks of the election who is authorized to administer the oath. Whenever the affidavit is made and filed with the clerk or inspector, the person shall then be admitted to cast his or her vote, but if the person fails or refuses to make out or file such affidavit and asserts his or her eligibility, then he or she shall be entitled to vote a provisional ballot.

History.—s. 2, ch. 18407, 1937; CGL 1940 Supp. 337(28-d); s. 2, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 18, ch. 77-175; s. 573, ch. 95-147; s. 11, ch. 99-6; s. 14, ch. 2001-40; s. 33, ch. 2005-277.

Note.—Former s. 100.35.

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Amendments to 101.49

Annotations, Discussions, Cases:

Cases Citing Statute 101.49

Total Results: 8

In Re NAL Financial Group, Inc.

237 B.R. 225, 12 Fla. L. Weekly Fed. B 323, 1999 Bankr. LEXIS 952, 34 Bankr. Ct. Dec. (CRR) 1004

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 2, 1999 | Docket: 1475455

Cited 24 times | Published

pursuant to that provision of the Bankruptcy Code. Section 101(49)(A) of the Bankruptcy Code states that security

R. Scott Appling v. Lamar, Archer & Cofrin, LLP

848 F.3d 953, 77 Collier Bankr. Cas. 2d 421, 2017 WL 603833, 2017 U.S. App. LEXIS 2602, 63 Bankr. Ct. Dec. (CRR) 200

Court of Appeals for the Eleventh Circuit | Filed: Feb 15, 2017 | Docket: 4585459

Cited 18 times | Published

1125 (using the term “disclosure statement”); Id. § 101(49)(A)(xii) (“registration statement”). The surplusage

Matter of Verdunn

160 B.R. 682, 7 Fla. L. Weekly Fed. B 283, 1993 Bankr. LEXIS 1609, 73 A.F.T.R.2d (RIA) 454, 24 Bankr. Ct. Dec. (CRR) 1441, 1993 WL 460017

United States Bankruptcy Court, M.D. Florida | Filed: Nov 4, 1993 | Docket: 1823700

Cited 7 times | Published

that there is a "security" in the bond. 11 U.S.C. § 101(49)(a)(iv). However, to be a secured creditor the

Anderson v. Canvassing & Election Bd.

399 So. 2d 1021

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 1652493

Cited 5 times | Published

challenged at the polls must sign pursuant to Section 101.49, Florida Statutes (1979). As Justice Terrell

United States v. Stoecklin

848 F. Supp. 1521, 1994 U.S. Dist. LEXIS 21798, 1993 WL 616702

District Court, M.D. Florida | Filed: Feb 15, 1994 | Docket: 1337804

Cited 3 times | Published

102(1)(c), 517.021(21); 18 U.S.C. § 2311, 11 U.S.C. § 101(49), 15 U.S.C. § 78c(a)(10). IV. Renewed Motion

Banco Espirito Santo International, Ltd. v. Garmendia (In Re Bankest Capital Corp.)

361 B.R. 263, 20 Fla. L. Weekly Fed. B 104, 2006 Bankr. LEXIS 3537

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 4, 2006 | Docket: 1505550

Cited 1 times | Published

Contemplated by Section 510(b) and Defined in 11 U.S.C. § 101(49)(A)(i) Section 510(b) provides, in pertinent part

Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)

561 B.R. 793, 26 Fla. L. Weekly Fed. B 143, 2016 Bankr. LEXIS 4436, 63 Bankr. Ct. Dec. (CRR) 135

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 22, 2016 | Docket: 65789362

Published

“security” is defined to include a “note.” 11 U.S.C. § 101(49)(A)(i). The Defendant argues that its Revolver

In Re Patriot Aviation Services, Inc.

396 B.R. 780, 21 Fla. L. Weekly Fed. B 557, 2008 Bankr. LEXIS 3053, 50 Bankr. Ct. Dec. (CRR) 264

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 18, 2008 | Docket: 1791827

Published

Bankruptcy Code and includes "notes." See 11 U.S.C. § 101(49)(A)(i). The unambiguous language of the statute