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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES
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F.S. 98.093
98.093 Duty of officials to furnish information relating to deceased persons, persons adjudicated mentally incapacitated, persons convicted of a felony, and persons who are not United States citizens.
(1) DUTIES.In order to identify ineligible registered voters and maintain accurate and current voter registration records in the statewide voter registration system pursuant to procedures in s. 98.065 or s. 98.075, it is necessary for the department and supervisors of elections to receive or access certain information from state and federal officials and entities in the format prescribed. To the maximum extent feasible, state and local government agencies shall facilitate provision of information and access to data to the department, including, but not limited to, databases that contain reliable criminal records and records of deceased persons. State and local government agencies that provide such data must do so without charge if the direct cost incurred by those agencies is not significant.
(2) DEPARTMENT OF HEALTH.The Department of Health shall furnish weekly to the department a list containing the name, address, date of birth, date of death, social security number, race, and sex of each deceased person 17 years of age or older whose death was reported during the preceding week.
(3) CLERK OF THE CIRCUIT COURT.Each clerk of the circuit court shall furnish weekly to the department and to the supervisors in their respective jurisdictions the following information:
(a) Information identifying those persons who have been adjudicated mentally incapacitated with respect to voting during the preceding week and those persons whose mental capacity with respect to voting has been restored during the preceding week. The information must include each person’s name; address; date of birth; race; sex; and, if available, his or her Florida driver license number or Florida identification card number or the last four digits of his or her social security number. The clerk shall provide the information to the department to assist a supervisor in identifying registered voters in his or her county who are adjudicated mentally incapacitated outside of his or her county pursuant to s. 98.075(4).
(b) Information identifying those persons who have responded to jury notices during the preceding week from the clerk of the circuit court and whose response indicated a change of address. The information must include each person’s name; address; date of birth; race; sex; and, if available, the Florida driver license number or Florida identification card number or the last four digits of his or her social security number.
(c) Information on the terms of sentence for felony convictions, including any financial obligations for court costs, fees, and fines, of all persons listed in the clerk’s records whose last known address in the clerk’s records is within this state and who have been convicted of a felony during the preceding week. The information may be provided to the supervisor directly by the clerk of the circuit court or may be provided on the clerk’s behalf through the Comprehensive Case Information System. The clerk shall provide the information to the department to assist a supervisor in identifying registered voters in his or her county who are adjudicated of a felony outside of his or her county. For each felony conviction reported, the information must include:
1. The full name; last known address; date of birth; race; sex; and, if available, the Florida driver license number or Florida identification card number, as applicable; and the last four digits of the social security number of the person convicted.
2. The amounts of all financial obligations, including restitution and court costs, fees, and fines, and, if known, the amount of financial obligations not yet satisfied.
3. The county in which the conviction occurred.
4. The statute number violated, statute table text, date of conviction, and case number.
(4) UNITED STATES ATTORNEYS.Upon receipt of information from the United States Attorney listing persons convicted of a felony in federal court, the department shall use such information to identify registered voters or applicants for voter registration who may be potentially ineligible based on information provided in accordance with s. 98.075.
(5) DEPARTMENT OF LAW ENFORCEMENT.The Department of Law Enforcement shall identify and report to the department at least weekly those persons who have been convicted of a felony during the preceding week who appear in the voter registration records supplied by the statewide voter registration system.
(6) FLORIDA COMMISSION ON OFFENDER REVIEW.The Florida Commission on Offender Review shall furnish at least weekly to the department data, including the identity of those persons granted clemency in the preceding month or any updates to prior records which have occurred in the preceding month. The data must contain the commission’s case number and the person’s name, address, date of birth, race, gender, Florida driver license number, Florida identification card number, or the last four digits of the social security number, if available, and references to record identifiers assigned by the Department of Corrections and the Department of Law Enforcement, a unique identifier of each clemency case, and the effective date of clemency of each person.
(7) DEPARTMENT OF CORRECTIONS.The Department of Corrections shall identify and report to the department at least weekly those persons who have been convicted of a felony and committed to its custody or placed on community supervision during the preceding week.
(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.The Department of Highway Safety and Motor Vehicles shall furnish weekly to the department the following information:
(a) Information identifying those persons whose names have been removed from the Florida driver license or Florida identification card database during the preceding week because they have been licensed or been issued an identification card in another state. The information must contain the person’s name, last known Florida address, date of birth, sex, last four digits of his or her social security number, and Florida driver license number or Florida identification card number and, if available, the address and the state in which the person is now licensed.
(b) Information identifying those persons who during the preceding week presented evidence of non-United States citizenship upon being issued a new or renewed Florida driver license or Florida identification card. The information must contain the person’s name; address; date of birth; last four digits of the social security number, if applicable; Florida driver license number or Florida identification card number, as available; and alien registration number or other legal status identifier.
(c) Information identifying those persons for which it has received official information during the preceding week that the person is deceased. The information must contain the name, address, date of birth, last four digits of the social security number, Florida driver license number or Florida identification card number, and date of death of each such person.
(9) CONSTRUCTION.This section does not limit or restrict the supervisor in his or her duty to act upon direct receipt of, access to, or knowledge of official information from these and other governmental entities that identify a registered voter as potentially ineligible and to initiate removal of the name of the registered voter who is determined to be ineligible from the statewide voter registration system pursuant to s. 98.075(7).
History.s. 3, ch. 14730, 1931; CGL 1936 Supp. 302(1); s. 10, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 29917; s. 9, ch. 29934, 1955; s. 33, ch. 73-333; s. 27, ch. 77-147; s. 5, ch. 77-175; s. 32, ch. 94-224; s. 1388, ch. 95-147; s. 7, ch. 99-8; s. 24, ch. 2005-278; s. 10, ch. 2011-40; s. 4, ch. 2012-5; s. 6, ch. 2014-191; s. 11, ch. 2022-73; s. 11, ch. 2023-120.
Note.Former s. 98.41; s. 98.301.