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Fla. Stat. § 102.112 (2025)

Deadline for submission of county returns to the Department of State.

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102.112 Deadline for submission of county returns to the Department of State.—
(1) The county canvassing board or a majority thereof shall file the county returns for the election of a federal or state officer with the Department of State immediately after certification of the election results. The returns must contain a certification by the canvassing board that the board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election.
(2) Returns must be filed no later than noon on the 8th day following a primary election and no later than noon on the 13th day following the general election. However, the Department of State may correct typographical errors, including the transposition of numbers, in any returns submitted to the Department of State pursuant to s. 102.111(2).
(3) If the returns are not received by the department by the time specified, such returns shall be ignored and the results on file at that time shall be certified by the department.
(4) If the returns are not received by the department due to an emergency, as defined in s. 101.732, the Elections Canvassing Commission shall determine the deadline by which the returns must be received.
History.—s. 30, ch. 89-338; s. 7, ch. 99-140; s. 40, ch. 2001-40; s. 57, ch. 2005-277; s. 32, ch. 2007-30; s. 26, ch. 2008-95; s. 13, ch. 2010-167; s. 35, ch. 2023-120.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2000–2025 · leading case: Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000).
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Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). · cites it 10× “§ 102.112, Fla. Stat. (2000) (emphasis added).”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). · cites it 13× “§ 102.112, Fla.Stat. (2000) (emphasis added).”
Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010). · cites it 6× “§ 102.112(2), Fla. Stat. (2006). If the returns are not received by the Department of State by the time specified, "such returns shall be ignored and the results on file at that time shall be certified by the department.”
Bush v. Gore, 531 U.S. 98 (2000). · cites it 2× “See Fla. Stat. Ann. § 102.112 (Supp. 2001). Moreover, the Florida court held that all late vote tallies arriving during the contest period should be automatically included in the certification regardless of the certification deadline (even the certification deadline established…”
Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). · cites it 4× “§ 102.112(2), Fla. Stat. (2007). [14] Even the trial court expressed concern about the constitutionality of this provision, stating: "Section 6.”
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). · cites it 2× “111 (1); Fla. Stat. § 102.112 . Based on the sum total of the results generated locally, the Elections Canvassing Commission, consisting of the Governor, the Secretary of State, and the Director of the Division of Elections, is granted authority to “certify the returns of the…”
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “111 and Section 102.112 for the contested election process of Section 102.”
Robert C. Touchston v. Michael McDermott, 234 F.3d 1133 (11th Cir. 2000). · cites it 2× “111 (1); Fla. Stat. § 102.112 . After all the counties have 8 The county supervisor of elections is an elected official with a four-year term, according to statute.”
Hart v. State of Florida (Fla. 2d DCA 2025). · cites it 2× “See § 102.112(1), Fla. Stat. (2020) ("The county canvassing board or a majority thereof shall file the county returns for the election of a federal or state officer with the Department of State immediately after certification of the election results.”
— 102.112(1) — 1 case
Hart v. State of Florida (Fla. 2d DCA 2025). “See § 102.112(1), Fla. Stat. (2020) ("The county canvassing board or a majority thereof shall file the county returns for the election of a federal or state officer with the Department of State immediately after certification of the election results.”
— 102.112(2) — 2 cases
Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010). “§ 102.112(2), Fla. Stat. (2006). If the returns are not received by the Department of State by the time specified, "such returns shall be ignored and the results on file at that time shall be certified by the department.”
Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “§ 102.112(2), Fla. Stat. (2007). [14] Even the trial court expressed concern about the constitutionality of this provision, stating: "Section 6.”
— 102.112(3) — 1 case
Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010). “§ 102.112(2), Fla. Stat. (2006). If the returns are not received by the Department of State by the time specified, "such returns shall be ignored and the results on file at that time shall be certified by the department.”
— 102.112(8) — 1 case
Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010). “§ 102.112(2), Fla. Stat. (2006). If the returns are not received by the Department of State by the time specified, "such returns shall be ignored and the results on file at that time shall be certified by the department.”
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