Fla. Admin. Code tit. 1 | Fla. Admin. Code Title 1 — Department of State

Division 1 Departmental

Chapter 1-1 RULEMAKING

Fla. Admin. Code R. 1-1.001 Numbering System

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.55(1)(d) FS. History–Revised 1-1-75, Repealed and Replaced with 1S-1.001, 5-29-80, Formerly 1-1-01.

Fla. Admin. Code R. 1-1.002 Style and Form for Filing Rules

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.54(9), (11)(b), (12), 120.(1)(d) FS. History–Revised 1-1-75, Amended 8-1-75, 7-2-78, Repealed and Replaced with 1S-1.002, 5-29-80, Formerly 1-1-02.

Fla. Admin. Code R. 1-1.0021 Florida Administrative Weekly

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.54, 120.60(3)(a) FS. History–New 8-1-75, Amended 4-13-76, 7-2-78, Repealed and Replaced with 1S-1.003, 5-29-80, Formerly 1-1-021.

Fla. Admin. Code R. 1-1.003 History Notes

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.54(7), 120.55(1)(e) FS. History–Revised 1-1-75, Amended 8-1-75, Repealed and Replaced with 1S-1.004, 5-29-80, Formerly 1-1-03.

Fla. Admin. Code R. 1-1.004 Publication by Reference

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.55(1)(d) FS. History–Revised 1-1-75, Amended 8-1-75, 5-4-76, Repealed and Replaced with 1S-1.005, 5-29-80, Formerly 1-1-04.

Fla. Admin. Code R. 1-1.005 Agency Rules Reprints

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.55(2) FS. History–Revised 1-1-75, Repealed and Replaced with 1S-1.006, 5-29-80, Formerly 1-1-05.

Fla. Admin. Code R. 1-1.006 Uniform Indexing Procedures

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53(2), 120.55(1)(b) FS. History–Revised 1-1-75, Repealed and Replaced with 1S-1.007, 5-29-80, Formerly 1-1-06.

Fla. Admin. Code R. 1-1.007 Noncompliance

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.55(1)(d) FS. History–Revised 1-1-75, Repealed and Replaced with 1S-1.008, 5-29-80, Formerly 1-1-07.

Fla. Admin. Code R. 1-1.008 Rule Numbering and Rule Titles

(1) A decimal numbering system similar to that used in the Florida Statutes shall be used to designate all rules filed with the Administrative Code and Register Section, except emergency rules. Emergency Rules are numbered as specified in subsection (2) of this rule.

(a) The Administrative Code and Register Section of the Department of State shall assign each agency, or closely related group of state agencies, a title number. (Example: The title number assigned to the Department of State is 1).

(b) The following title numbers are assigned to the corresponding agencies:

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Department of State

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Department of Legal Affairs

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Department of Banking and Finance (Transferred to Title 69)

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Department of Insurance (Transferred to Title 69)

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Department of Agriculture and Consumer Services

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Department of Education

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Department of Business Regulation (Transferred to Title 61)

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Department of Commerce (Repealed by Section 3, Chapter 96-320, Laws of Florida)

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Department of Community Affairs

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Department of Health and Rehabilitative Services (Transferred to Titles 58, 59, 64 and 65)

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Department of Law Enforcement

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Department of Revenue

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Department of General Services (Transferred to Title 60)

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Department of Transportation

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Department of Highway Safety and Motor Vehicles

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Department of Natural Resources (Transferred to Titles 40, 49, 62, 66 and 68)

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Department of Environmental Regulation (Transferred to Title 62)

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Board of Trustees of the Internal Improvement Trust Fund

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State Board of Administration

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Department of Citrus

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Department of Professional Regulation (Transferred to Titles 59, 61 and 64)

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Department of Administration (Transferred to Title 60)

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Florida Commission on Offender Review

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Pardon Board

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Public Service Commission

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Assessment Administration Review Commission

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Executive Office of the Governor

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Administration Commission

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Regional Planning Councils

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Regional Transportation Authorities

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Loxahatchee River Environmental Control District

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State Fair Authority

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Department of Corrections

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Commission on Ethics

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Metropolitan Planning Organizations

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Englewood Water District

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Advisory Council on Inter-Governmental Relations

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Department of Labor and Employment Security (Dissolved pursuant to Chapter 2002-194, Laws of Florida)

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Game and Fresh Water Fish Commission (Transferred to Title 68)

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Water Management Districts

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Commission for the Transportation Disadvantaged

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Florida Land and Water Adjudicatory Commission

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Fiscal Accounting Information Board

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Information Resource Commission

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Expressway Authorities

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Marine Fisheries Commission (Transferred to Title 68)

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High Speed Rail Transportation Commission

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Florida Keys Aqueduct Authority

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Regional Utility Authorities

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Alligator Point Resource Board

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Hillsborough County Consolidated Taxicab Commission

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Port of Palm Beach District

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Department of the Lottery

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Interlocal Agencies

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Department of Veterans’ Affairs

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Clean Florida Commission

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Space Florida

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Department of Elder Affairs

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Agency for Health Care Administration

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Department of Management Services

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Department of Business and Professional Regulation

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Department of Environmental Protection

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Department of Juvenile Justice

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Department of Health

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Department of Children and Families

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Navigation Districts

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Florida Housing Finance Corporation

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Fish and Wildlife Conservation Commission

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Department of Financial Services

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Department of Military Affairs

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Agency for Enterprise Information Technology

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Board of Governors

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Department of Commerce

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Agency for State Technology

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Florida Gaming Control Commission

(c) If more than one major activity or division exists within an agency, an uppercase letter shall be added to the title number to distinguish the major activities or divisions. Individual agencies within a group of closely related agencies sharing a title number shall also be designated by an uppercase letter following the title number. Letters added to title numbers are considered a part of the title number. (Example: Department of State adding to title number 1 the letters A, B, etc., so that they read 1A, 1B, etc.).

(d) If a unit of government which has independent rulemaking authority performs a function within a major activity of an agency or is a part of an individual agency which is one of a closely related group of agencies sharing a common title number, the title number and letter shall be followed by an Arabic numeral which shall be part of the title number. (Example: 6C1, 6C2, etc.)

(e) If more than one function exists within a division, within a major activity of an agency or within an agency included in a group of closely related agencies sharing a title number, a hyphen followed by a separate chapter number shall be used to designate rules applicable to each function. (Example: 1A-1 and 6C1-2).

(f) A decimal point shall follow each chapter number. The digits immediately following the decimal point shall identify rules within a chapter. Each rule shall be numbered with a minimum of three digits after the decimal point. (Example: 1-1.008). The three digits following the decimal point shall not consist of only zeros.

(g) The following is a description of each component of a rule citation for Rule 1B-30.001: Title Number (1); Division (B); Chapter (30); and the three digit identification number (.001).

(2) The rule number for an emergency rule shall be designated as follows:

(a) Emergency rule numbers shall begin with the title number assigned to an agency as specified in paragraph (1)(b) of this rule. (Example: The title number assigned to the Department of State is 1).

(b) Alphabetical and numerical designations required by paragraphs (1)(c) and (1)(d) of this rule, may be added to the title number. These alphabetical and numerical designations become part of the title number. (Example: 1A, 6C1, etc.).

(c) The letters “ER” and the last two digits of the calendar year in which the rule is filed shall immediately follow the title number. (Example: 1AER07 or 6C1ER07).

(d) A hyphen shall separate the last two digits of the calendar year and an additional numerical designation. The additional numerical designation indicates the number of emergency rules promulgated by the agency for that calendar year. (Example: 1AER07-1 and 1AER07-2 or 6C1ER07-6 and 6C1ER07-7).

The numerical designation of emergency rules is cumulative, starting with the number one. The numerical designation is determined by calculating the total number of emergency rules adopted by all divisions, major activities, and units of government within an agency assigned to the same title number. (Example: If 1ER24-1 was adopted first and then division 1A is adopting an emergency rule afterwards it would be designated as 1AER24-2. Then, if division 1S is adopting an emergency rule after the emergency rule for division 1A it would be designated as 1SER24-3.)
The numerical designation restarts on January 1 of each year.

(3) Sub-units of rules are indicated as follows:

(a) Subsections by an Arabic numeral in parentheses.

(b) Paragraphs within a subsection by a lowercase letter in parentheses.

(d) Sub-subparagraphs within a paragraph by a lowercase letter followed by a decimal point.

(e) A new sub-unit of rule text shall not be created unless the new sub-unit contains two or more parts. (Example: subsection (1) shall not be added unless there is at least a subsection (2). Similarly, paragraph (a) shall not be added unless there is at least a paragraph (b)).

(4) The rule number and the first line of each sub-unit rule text shall be first line indented at 0.25''.

(5) The Administrative Code and Register Section may, upon proper notification, require an agency to change the rule number or any sub-unit of a rule when the change is needed to preserve the overall integrity of the numbering system used in the Florida Administrative Code. The agency responsible for the rule shall submit a Notice of Correction for publication in the Florida Administrative Register and shall not be responsible for publication costs related to the notice.

(6) The adopting agency shall submit a rule title for each rule, which shall immediately follow the rule number. The rule title is not part of the substantive language of the rule and may be altered by the Administrative Code and Register Section if it does not sufficiently indicate the content of the rule to make it useful for indexing purposes. The Administrative Code and Register Section must contact the adopting agency prior to modifying the title of a rule. The adopting agency shall submit a Notice of Correction for publication in the Florida Administrative Register.

(7) Rule numbers and rule titles will be listed at the beginning of each rule chapter when published in the Florida Administrative Code.

(8) A rule section in its entirety may be transferred, with no changes to the text, to a new location in the Florida Administrative Code and shall be renumbered accordingly. Transferring a rule in this manner requires notification in the Florida Administrative Register. The requesting agency shall submit a Notice of Correction for publication in the Florida Administrative Register.

(9) An agency shall not reassign numbers of repealed or transferred rules.

History

Rulemaking Authority 20.10(3), 120.54(1)(j), 120.55(1)(c) FS. Law Implemented 120.54(1)(j), 120.55(1)(c) FS. History–New 5-29-80, Formerly 1-1.01, Amended 10-1-84, 11-14-85, 4-10-90, 6-17-92, 4-1-96, 9-13-98, 6-20-02, Formerly 1S-1.001, Amended 3-8-09, Formerly 1B-30.001, Amended 10-1-12, 8-24-26.

Fla. Admin. Code R. 1-1.009 Definitions

Definitions as used in rule Chapter 1-1, F.A.C.

(1) “Amended rule” means a rule which is being or has been altered by adding, deleting, or rephrasing text currently published in the Florida Administrative Code.

(2) “Coding” is a method by which rule text is underlined to indicate that text is new and stricken through to indicate that text is deleted.

(3) “File for adoption” means delivery of a complete and correct rule adoption packet to Florida Administrative Code and Register Section via email to RuleAdoptions@dos.fl.gov.

(4) “General notice” means any notice published in the Florida Administrative Register not defined as a “Rule Notice.”

(5) “Law implemented” means the language of the enabling statute being carried out or interpreted by an agency through rulemaking.

(6) “Proposed rule” is a rule which is not yet adopted, but is currently undergoing rulemaking.

(7) “Promulgate” is the formal term used to refer to the rulemaking process authorized by Chapter 120, F.S.

(8) “Repealed rule” is a rule which has been or is currently being revoked or rescinded.

(9) “Reviewed rule” is a rule which has been or is currently being reviewed pursuant to Section 120.5435, F.S.

(10) “Rule adoption packet” is the final compilation of all required documents that is filed with the Administrative Code and Register Section when a rule has completed the rulemaking process pursuant to Section 120.54, F.S.

(11) “Rule certification form” is the form signed by the person authorized to certify that the agency has complied with the statutory time limitations, that all rulemaking requirements have been met, and that there is no administrative determination pending on the rule being filed for adoption.

(12) “Rule chapter” refers to a number that identifies a major group of similar rules relating to a particular function within a division, within a major activity of an agency or within an agency included in a group of closely related agencies sharing the same title number. For example, “1-1” is a rule chapter which contains several individual rules of the Department of State, relating to a particular function.

(13) “Rule notice” refers to a Notice of Rule Development, Notice of Proposed Rule, Notice of Intent to Adopt a Rule, Notice of Change, Notice of Withdrawal, Notice of Correction, or a Notice of Emergency Rule.

(14) “Rule number” is the entire rule number comprised of the title number, the chapter number, the decimal point with at least three digit identification number.

(15) “Rule title” is the description of the rule which sufficiently indicates its content.

(16) “Rulemaking” means the adoption, amendment, review, or repeal of a rule.

(17) “Rulemaking authority” means the same as defined in Section 120.52, F.S. (Notice: prior to July 1, 2008, this term was “Specific Authority.” In the history notes for rules promulgated after March 8, 2009, the term “Rulemaking Authority” shall be used rather than “Specific Authority.” History notes for rules promulgated prior to March 8, 2009, using “Specific Authority,” shall remain undisturbed, until and unless such rules are amended.)

(18) “Sub-unit” means a subsection, paragraph, subparagraph, or sub-subparagraph of a rule.

(19) “Technical change” means the same as defined in Section 120.52, F.S.

(20) “Title number” is the number assigned to each agency or closely related group of state agencies by the Department of State.

(21) “Transferred rule” is a rule which has been renumbered and relocated from one rule chapter to another, with no changes in the text of the rule. The history note of the transferred rule includes the former rule number.

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.54, 120.5435, 120.55(1)(c) FS. History–New 9-2-93, Amended 4-1-96, Formerly 1S-1.0015, Amended 3-8-09, Formerly 1B-30.0015, Amended 10-1-12, 8-24-26.

Fla. Admin. Code R. 1-1.010 Rule Adoption Packets and Reviewed Rule Certifications

(1) An agency shall file a complete and correct rule adoption packet when filing a rule for adoption with the Administrative Code and Register Section.

(a) Rules shall be filed by emailing the rule adoption packet, emergency rule adoption packet, or certified copy of a rule reviewed pursuant to Section 120.5435, F.S., to RuleAdoptions@dos.fl.gov. A rule is deemed filed for adoption or considered to have completed the rule review process at the time a complete and correct rule adoption packet, emergency rule adoption packet, or certified copy of a reviewed rule is received in the RuleAdoptions@dos.fl.gov email inbox. Filing hours are 12:00 a.m. to 11:59 p.m. Monday through Sunday. The Administrative Code and Register staff shall review the filings during normal business hours. If the Administrative Code and Register Section find an adoption packet, emergency rule adoption packet, or certified copy of a reviewed rule is incomplete or incorrect, the date and time the rejected adoption packet was filed does not constitute the time a rule is filed for final adoption or the time a rule has completed the rule review process pursuant to Section 120.5435, F.S.

(b) For new, amended, or repealed rules filed under the provisions of Section 120.54(3), F.S., a complete and correct rule adoption packet shall consist of the following:

A single PDF document containing:

a. An agency cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the mailing address, email address, and telephone number for the agency’s designated contact person.

b. A signed Certification of (Name of Agency) Administrative Rules Filed with the Department of State form that is applicable to the type of rule that is being filed for adoption. The Certification of (Name of Agency) Administrative Rules Filed with the Department of State forms are incorporated by reference in paragraphs 1-1.010(3)(a) through (d), F.A.C.

c. A signed Form DOS-7, “Certification of (Name of Agency) Designation of Rules the Violation of Which is a Minor Violation,” which is incorporated by reference in paragraph 1-1.010(3)(g), F.A.C.

d. The coded rule text, including legal citations and history notes.

e. A summary of the rule.

f. A detailed written statement of the facts and circumstances justifying the rule.

g. A summary of any hearings held on the rule. A summary of any hearing held on the rule shall include the date, time, and place of the hearing. When no public hearing is held, the summary shall include the following statement: “No timely request for a hearing was received by the agency, and no hearing was held.”

h. If materials incorporated by reference are filed electronically in accordance with Rule 1-1.013, F.A.C., the submitting agency shall include:

(I) A signed Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” which is incorporated by reference in subparagraph 1-1.013(6)(c)1., F.A.C.; and

(II) A copy of the approval confirmation email; or

(III) If the agency determines that filing materials incorporated by reference electronically will violate federal copyright laws, then the agency shall file one original certified copy of the materials incorporated by reference in accordance with Rule 1-1.013, F.A.C.

A Word document containing only the coded rule text, including legal citations and history notes. The filed coded rule text shall match the rule text noticed in the Notice of Proposed Rule. Any changes made subsequent to the publication of a Notice of Proposed Rule must be supported by a Notice of Change and/or Notice of Correction. The filed coded rule text shall reflect all amendments being made to the rule based on the rule text that is in effect at the time the rule is filed for adoption.

A single PDF document containing:

b. A signed Form DOS-5, “Certification of (Name of Agency) Emergency Rule Filed with the Department of State,” which is incorporated by reference in paragraph 1-1.010(3)(e), F.A.C.

c. A signed Form DOS-7, “Certification of (Name of Agency) Designation of Rules the Violation of Which is a Minor Violation,” which is incorporated by reference in paragraph 1-1.010(3)(g), F.A.C.

d. The coded rule text, including legal citations and history notes.

e. A statement of one of the following:

(I) The agency’s reasons for concluding that the procedure used is fair under the circumstances and the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare; or

(II) The emergency rulemaking authority granted to the agency by the Legislature.

(III) When renewing an existing emergency rule, the specific facts and reasons for such renewal.

(IV) When superseding an existing emergency rule, the specific facts and reasons for such supersession.

(V) When repealing an existing emergency rule, the reason why the emergency rule is no longer necessary.

f. If materials incorporated are filed in accordance with Rule 1-1.013, F.A.C., the submitting agency shall include a copy of the signed Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” which is incorporated by reference in subparagraph 1-1.013(6)(c)2., F.A.C. The emergency rule adoption packet shall also include a copy of the materials incorporated by reference. If the agency determines that the incorporated materials are protected by federal copyright law the agency shall file one original certified copy of the materials incorporated by reference in accordance with Rule 1-1.013, F.A.C.

A Word document containing only the coded emergency rule text, including legal citations and history notes.

(d) For reviewed rules, to which no changes or only technical changes are made, a complete and correct certified copy of the reviewed rule shall consist of the following:

A single PDF document containing:

a. An agency cover letter designating the agency’s contact person for the certified reviewed rule filed with the Department of State. The letter shall include the mailing address, email address, and telephone number for the agency’s designated contact person.

b. A signed Form DOS-6, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State Pursuant to Section 120.5435, Florida Statutes (Agency Review of Rules),” which is incorporated by reference in paragraph 1-1.010(3)(f), F.A.C.

c. The complete text of the unchanged rule, including the legal citations and history notes; or

d. The coded rule text, including the legal citations and history notes, and a description of any technical changes made to materials incorporated by reference, if any technical changes are being made at the time of filing.

e. If materials incorporated by reference are filed electronically in accordance with Rule 1-1.013, F.A.C., the submitting agency shall include:

(I) A signed Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S. Filed with the Department of State,” which is incorporated by reference in subparagraph 1-1.013(6)(c)3., F.A.C.; and

(II) A copy of the approval confirmation email for the materials incorporated by reference coming into compliance with Section 120.54(1)(i)3., F.S.; or

A Word document containing:

a. The complete text of the unchanged rule, including the legal citations and history notes; or

b. The coded rule text, including the legal citations and history notes, and a description of any technical changes made to materials incorporated by reference, if any technical changes are being made at the time of filing.

(2)(a) All rule text shall be formatted as follows:

1.Typed on white, letter-size (8 1/2'' x 11'') paper.

Margins shall be one inch at the top, bottom and on each side of the page.
Double spaced 10 point Times New Roman font.
The rule text shall be justified.
The first line indents shall be set at 0.25''.
The rule title shall be bold.

(b) The legal citation and history notes shall be formatted as follows:

The text shall be double spaced italicized 9 point Times New Roman font.
The legal citation and history notes shall not be indented.

(c) An agency filing new, amended, or repealed rules, emergency rules, or rules reviewed pursuant to Section 120.5435, F.S., shall code the rule text in accordance with the requirements set forth in the “Department of State Rule Text Coding Style Manual,” which is incorporated by reference in paragraph 1-1.011(3)(c), F.A.C.

(3) An agency adopting a rule shall file the rule certification form as specified in paragraphs (3)(a) through (g) of this rule. More than one rule may be listed on a rule certification form so long as the rules are from the same rule chapter and the rules included in the rule adoption packet were included in the same Notice of Proposed Rule in the Florida Administrative Register. A separate rule adoption packet shall be filed for each rule chapter affected. Only one emergency rule may be included in a single emergency rule adoption packet.

(a) Form DOS-1, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19227, shall be used when filing new, amended, or repealed rules under the provisions of Section 120.54(3), F.S.

(b) Form DOS-2, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State Pursuant to Section 120.54(6), Florida Statutes (Adoption of Federal Standards),” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19228, shall be used when filing new, amended, or repealed rules under the provisions of Section 120.54(6), F.S.

(c) Form DOS-3, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State Pursuant to Section 120.54(1)(i)6., Florida Statutes,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19229, shall be used when filing new, amended, or repealed rules under the provisions of Section 120.54(1)(i)6., F.S.

(d) Form DOS-4, “Certification of Department of Environmental Protection Administrative Rules Filed with the Department of State Pursuant to Section 403.8055, Florida Statutes (Adoption of Federal Standards),” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19230, shall be used when filing new, amended, or repealed rules under the provisions of Section 403.8055, F.S.

(e) Form DOS-5, “Certification of (Name of Agency) Emergency Rule Filed with the Department of State,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19231, shall be used when filing emergency rules under the provisions of Section 120.54(4), F.S.

(f) Form DOS-6, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State Pursuant to Section 120.5435, Florida Statutes (Agency Review of Rules),” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19232, shall be used when filing reviewed rules under the provisions of Section 120.5435(8)(a), F.S.

(g) Form DOS-7, “Certification of (Name of Agency) Designation of Rules the Violation of Which is a Minor Violation,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19233, shall be used when filing new, amended, repealed, or emergency rules to certify parts of the rules the violation of which would be a minor violation pursuant to Section 120.695(2)(c)3., F.S.

(4) Effective Dates.

(a) If the effective date of a rule is later than 20 days from the date the rule is filed for adoption, then the effective date shall be stated in the rule text immediately following the final rule text. The agency’s proposed effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:". The proposed effective date must be included in the Notice of Proposed Rule or Notice of Change. The effective date of the rule will not be published in the Florida Administrative Code as part of the rule text but will appear in the history note.

If the effective date of the rule is 20 days from the date the rule is filed for adoption, then the effective date shall not be included on the rule certification form.
If the proposed effective date is more than 20 days from the date the rule is filed for adoption, then the effective date shall be provided on the rule certification form.
The proposed effective date shall not be less than 20 days from the date the rule is filed for adoption, unless required by law. If the rule is filed for adoption less than 20 days from the proposed effective date, then the new effective date shall be 20 days from the date the rule is filed for adoption, unless required by law.
If the rule is awaiting legislative ratification, then the rule shall become effective on either the date the rule is ratified by the legislature or the date specified by the legislature upon the ratification of the rule. The adopting agency shall notify the Administrative Code and Register Section when a rule is ratified by the legislature.

(b) If the effective date of an emergency rule is a date other than immediately upon filing the emergency rule adoption packet for adoption, the effective date of the emergency rule shall be stated in the rule text immediately following the text. The agency’s proposed effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:”. The proposed effective date must be included in the Notice of Emergency Rule. The effective date shall also be provided on the emergency rule certification form if the effective date of the emergency rule is other than immediately upon filing but less than 20 days from the date of filing the emergency rule adoption packet.

(5) The Administrative Code and Register Section shall reject any proposed rule adoption packet, emergency rule adoption packet, or certified copy of a reviewed rule filed with the Department of State that does not comply with all statutory rulemaking requirements and the requirements of this chapter.

History

Rulemaking Authority 20.10(3), 120.54(1)(i)8., 120.54(1)(j), 120.55(1)(c) FS. Law Implemented 120.54(1), (2), (3), (4), (6), 120.5435(8), 120.55(1), 120.695(2)(c)3., 403.8055 FS. History–New 5-29-80, Formerly 1-1.02, Amended 12-30-81, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 10-1-96, 9-13-98, 8-23-99, 6-20-02, Formerly 1S-1.002, Amended 3-8-09, 1-1-11, Formerly 1B-30.002, Amended 10-1-12, 10-26-17, 5-16-21, 8-24-26.

Fla. Admin. Code R. 1-1.011 Publication of Notices in the Florida Administrative Register (FAR)

(1)(a) The Florida Administrative Register (FAR) is published each business day except those business days that are observed as official state holidays designated by Section 110.117, F.S. When a business day is observed as a holiday, publication shall be on the next business day.

(b) All notices to be published in the FAR shall meet all the requirements set forth in Chapter 120, F.S., and Chapter 1-1, F.A.C., and must be received by the Administrative Code and Register Section, by 3:00 p.m., each business day to be published the next business day.

(2) All notices to be published in the FAR must be submitted electronically through the Department of State’s e-rulemaking website: www.flrules.org/agency/login.asp.

(a) Agencies shall contact the Administrative Code and Register Section to designate one or more agency administrator(s) to manage the agency’s submissions on the Department of State’s e-rulemaking website. The agency administrator’s duties include managing the agency submissions, payment profiles, rule notices, general notices, public comments and designating rule and chapter numbers on the e-rulemaking website.

(b) A payment profile shall be completed on the e-rulemaking website prior to the submission of notices for publication in the FAR. The agency administrator shall ensure that all contact information contained within the payment profile is accurate and up to date. Failure to maintain accurate and up to date contact information such as contact name, e-mail address, telephone number, and address within a payment profile shall result in the deactivation of the agency administrator’s FAR account and payment profile. To reinstate a deactivated FAR account or payment profile a written request must be emailed to AdministrativeCode@dos.fl.gov.

(3) The following applies to all rule notices submitted for publication in the FAR:

(a) A single rule notice may contain more than one rule if the rules share the same chapter number.

(b) Rule notices shall not contain any markup revision, redlining, or automatic numbering.

(c) All rule text and agency created materials incorporated by reference that are included in a rule notice shall be coded in accordance with the requirements set forth in the “Department of State Rule Text Coding Style Manual.” The “Department of State Rule Text Coding Style Manual,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19237.

(d) Materials incorporated by reference must be uploaded to the Department of State’s e-rulemaking website, www.flrules.org, by the submitting agency, prior to the publication of the rule notice in which the incorporated materials are included. When agency created materials incorporated by reference are being amended, the incorporated materials that are uploaded to the Department of State’s e-rulemaking website shall be coded. If the submitting agency determines that the posting of incorporated materials on the Internet for public viewing would constitute a violation of federal copyright law, then the agency must deliver a copy of the incorporated materials in the manner described in paragraph 1-1.013(6)(b), F.A.C., prior to the publication of the rule notice in which the incorporated materials are included.

(4) The following applies to all general notices submitted for publication in the FAR:

(a) Margins shall be set at one inch at the top, bottom, and sides of the page.

(b) Text shall be left justified.

(5) The following forms contain the required format for notices to be published in the FAR. The templates for these forms may also be accessed from and must be completed using the Department of State’s e-rulemaking website, www.flrules.com/agency/login.asp:

(a) Except when the intended action is the repeal of a rule; negotiated rulemaking undertaken pursuant to Section 120.54(2)(d), F.S.; the adoption of an emergency rule pursuant to Section 120.54(4), F.S.; or the adoption of a rule pursuant to Section 120.54(1)(i)6., 120.54(6), or 403.8055, F.S., agencies shall provide notice of the development of proposed rules by publishing a Notice of Rule Development in the FAR. Form DOSN-1, “Notice of Rule Development,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19238. Only one of the rule development workshop alternatives and one of the preliminary text alternatives in the form shall be selected for publication in the FAR.

(b) A Notice of Proposed Rule shall be published in the FAR before filing any rule for adoption, except emergency rules adopted pursuant to Section 120.54(4), F.S., or rules adopted pursuant to Section 120.54(1)(i)6., 120.54(6), or 403.8055, F.S. Form DOSN-2, “Notice of Proposed Rule,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19239. Only one of the alternatives listed in the hearing portion of the form shall be selected for publication in the FAR.

(c) A Notice of Intent to Adopt a Rule shall be published in the FAR before a rule adopted pursuant to Section 120.54(6), F.S., may be filed for adoption. Form DOSN-3, “Notice of Intent to Adopt a Rule Pursuant to Section 120.54(6), Florida Statutes (Adoption of Federal Standards),” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19240.

(d) A Notice of Intent to Adopt a Rule shall be published in the FAR before a rule adopted pursuant to Section 120.54(1)(i)6., F.S., may be filed for adoption. Form DOSN-4, “Notice of Intent to Adopt a Rule Pursuant to Section 120.54(1)(i)6., Florida Statutes,” effective August 2026, is incorporated herein by reference and is available at https://flrules.org/Gateway/reference.asp?No=Ref-19241.

(e) A Notice of Intent to Adopt a Rule shall be published in the FAR before a rule adopted pursuant to Section 403.8055, F.S., may be filed for adoption. Form DOSN-5, “Notice of Intent to Adopt a Rule Pursuant to Section 403.8055, Florida Statutes (Department of Environmental Protection),” effective August 2026, is incorporated herein by reference and is available at https://flrules.org/Gateway/reference.asp?No=Ref-19242.

(f) A Notice of Change pursuant to the requirements of Section 120.54(3)(d)1., F.S., shall be published in the FAR when substantive changes are made to the Notice of Proposed Rule. The rule text and agency created incorporated materials published in the Notice of Proposed Rule shall be used as the basis for coding the additional changes included in the Notice of Change. Substantive changes to the Statement of Regulatory Cost (SERC) or other parts of the Notice of Proposed Rule, that are not rule text or agency created incorporated materials, shall not be coded. Form DOSN-6, “Notice of Change,” effective August 2026, is incorporated herein by reference and is available at https://flrules.org/Gateway/reference.asp?No=Ref-19243.

(g) A Notice of Correction pursuant to the requirements of Section 120.54(3)(a)5. or 120.54(4)(h), F.S., shall be published in the FAR when technical changes are made to the Notice of Proposed Rule, Notice of Change, or Notice of Emergency Rule. The rule text published in the Notice of Proposed Rule, Notice of Change, or Notice of Emergency Rule shall be used as the basis for coding the additional corrections included in the Notice of Correction. Technical changes to the SERC or other parts of the Notice of Proposed Rule, Notice of Change, or Notice of Emergency Rule, that are not rule text, shall not be coded. Form DOSN-7A, “Notice of Correction,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19244.

(h) A Notice of Correction shall be published in the FAR when technical changes are made subsequent to the adoption of a rule pursuant to the requirements of Section 120.55(1)(a)6., F.S. Form DOSN-7B, “Notice of Correction,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19245. The Notice of Correction shall be coded in accordance with the requirements set forth in the “Department of State Rule Text Coding Style Manual,” which is incorporated by reference in paragraph 1-1.011(3)(c), F.A.C. The publication of a Notice of Correction shall act as notification to the Administrative Code and Register Section staff that a technical change must be made to the rule text. Technical changes identified when reviewing rules pursuant to Section 120.5435, F.S., shall not be published as a Notice of Correction by the agency, but shall be included in the Department of State notice pursuant to Section 120.5435(9), F.S.

(i) A Notice of Withdrawal pursuant to the requirements of Section 120.54(3)(d)2., 3., 4., or 5., F.S., shall be published in the FAR when withdrawing proposed rules. Form DOSN-8, “Notice of Withdrawal,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19246.

(j) A Notice of Emergency Rule pursuant to the requirements of Section 120.54(4), F.S., shall be published in the first available issue of the FAR following the filing of a complete and correct emergency rule adoption packet. Form DOSN-9, “Notice of Emergency Rule,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19247. When completing Form DOSN-9, “Notice of Emergency Rule,” either the options in subparagraph (5)(j)1. or the option in subparagraph (5)(j)2., below, shall be selected for publication in the FAR.

Agency’s findings of immediate danger to the public health, safety, or welfare and reasons for concluding that the procedure used is fair under the circumstances; or
Citation to emergency rulemaking authority.

(k) Form DOSN-10, “Notice of Variances and Waivers,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19248, shall be used to notice a petition for or disposition of variances or waivers. Only one notice alternative in the form shall be selected.

(l) Form DOSN-11, “Notice of Meeting, Hearing, or Workshop,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19249, shall be used for preparing notices of public meetings, hearings, or workshops.

(m) Form DOSN-12, “Notice of Declaratory Statement,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19250, shall be used to notice petitions, dispositions, or declinations for declaratory statements. Only one notice alternative in the form shall be selected.

(n)1. Form DOSN-13, “Notice of Petitions/Dispositions Regarding Rule Validity,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19251, shall be used for notice of petitions and dispositions regarding the validity of a proposed or effective rule. Only one notice alternative in the form shall be selected.

If the rule declared invalid is a proposed rule, the rule number inserted in the notice shall be prefixed by the word “proposed.”

(6) An agency shall not publish any type of notice in the Florida Administrative Register under a rule number that has been repealed or transferred.

(7) The department shall reject any notice that does not comply with the requirements specified in Chapter 120, F.S., or this rule.

History

Rulemaking Authority 20.10(3), 120.54(1)(i)8., 120.55(1)(c) FS. Law Implemented 120.54(1)(i)7., (2), (3), (4), 120.542(6), (8), 120.55(1), (6), 403.8055 FS. History–New 5-29-80, Formerly 1-1.021, Amended 7-12-81, 12-30-81, 7-8-82, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 9-2-93, 4-1-96, 10-1-96, 9-13-98, 6-20-02, Formerly 1S-1.003, Amended 3-8-09, Formerly 1B-30.003, Amended 10-1-12, 8-24-26.

Fla. Admin. Code R. 1-1.012 Legal Citations and History Notes

(1) Each rule shall be followed by legal citations and history notes.

(2) Legal Citations shall consist of:

(a) The rulemaking authority authorizing the agency to promulgate the rule.

(b) Law(s) being implemented.

(3) History notes shall consist of:

(a) The effective date of each new, amended, or repealed rule.

(b) The date each rule reviewed pursuant to Section 120.5435, F.S., was filed with the Department of State.

(c) The date of the issue of the Florida Administrative Register in which an agency published a Notice of Correction for a technical change to adopted rule text.

(d) When applicable, the emergency rule number, with an effective period greater than 90 days, that replaces the rule along with the date of when the emergency rule was filed with the Department of State.

(e) When applicable, the date an emergency rule is superseded or repealed. If an emergency rule is superseded by a new emergency rule, then the superseding emergency rule number shall be included as well.

(f) When applicable, a statement that the Joint Administrative Procedures Committee has objected to the rule and the date of the issue of the Florida Administrative Register in which the committee published its objection.

(g) Any former rule number(s) that were assigned to the rule.

(4) The rulemaking authority, law implemented, and history notes shall be corrected or modified by publishing a Notice of Correction in the Florida Administrative Register.

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.54(1), (3), (4), 120.5435(9), 120.545(7), 120.55(1)(a)6., (c) FS. History–New 5-29-80, Formerly 1-1.03, Amended 10-1-84, 11-14-85, 9-13-98, Formerly 1S-1.004, Amended 3-8-09, Formerly 1B-30.004, Amended 8-24-26.

Fla. Admin. Code R. 1-1.013 Materials Incorporated by Reference

(1) Any ordinance, standard, specification, guideline, manual, handbook, map, chart, graph, report, form or instructions to forms, or other similar material that meets the definition of rule provided in Section 120.52(16), F.S., and is generally available to affected persons shall be incorporated by reference in a rule adopted pursuant to Section 120.54, F.S., and Rule 1-1.010, F.A.C.

(2)(a) Requirements for materials incorporated by reference in a rule.

The rule text shall include the following identifying information:

a. Reference material title;

b. Form number, if the document being incorporated by reference is a form and created by the agency;

c. Effective date, if the document being incorporated by reference is created by the agency;

d. A statement that the material is incorporated by reference;

e. A hyperlink to the incorporated material on the Department of State’s e-rulemaking website, www.flrules.org; and

f. A statement describing how an affected person may obtain a copy of the incorporated material. This statement can direct the affected person to the www.flrules.org hyperlink.

The document(s) for agency created material incorporated in a rule shall include the following identifying information clearly displayed on, at least, the first page of the document(s):

a. Reference material title;

b. Form number, if the document being incorporated by reference is a form;

c. Effective date; and

d. A citation to the rule number in which the material is incorporated. The citation to the rule number must be in proper form. (Ex. Rule 1-1.013, F.A.C.; Rule 1-1.013, Florida Administrative Code; Florida Administrative Code Rule 1-1.013; or Fla. Admin. Code R. 1-1.013)

(b) The reference material title, form number, if applicable, and effective date, if applicable, included on the document(s) must all match what is stated in the rule text.

(c) The reference name entered on the Department of State’s e-rulemaking website, www.flrules.org, shall include the reference material title and the form number, if applicable, which must match what is stated in the rule text.

(d) Agencies or units of government not within the Department of State may not indicate the Department of State or the Administrative Code and Register Section as the agency responsible for providing copies of incorporated materials.

(3) A rule may incorporate material by reference, but only in the form that the material exists on the date that the rule is adopted. Agencies shall ensure that the content within the reference material, including links to external websites, are current and up to date. Any substantive amendments to material incorporated by reference must be amended under the rulemaking provisions of Section 120.54, F.S., in order for the amended portions to be valid. If a rule reviewed pursuant to Section 120.5435, F.S., does not comply with Section 120.54(1)(i)3., F.S., and is not being amended, then the submitting agency shall ensure that the contents within the incorporated material are substantively the same as the incorporated material that was last filed for adoption.

(4) A Notice of Correction shall be published in the Florida Administrative Register to make a technical change to material incorporated by reference. A Notice of Correction shall not be published when a technical change to materials incorporated by reference is identified when reviewing rules pursuant to Section 120.5435, F.S., but a description of the changes shall be included in the certified copy of the reviewed rule filed with the Department of State and shall be noticed as part of the notice required by Section 120.5435(9), F.S. The notice shall be coded in accordance with the requirements set forth in the “Department of State Rule Text Coding Style Manual,” which is incorporated by reference in paragraph 1-1.011(3)(c), F.A.C. Upon the publication of the Notice of Correction or filing of a certified copy of a rule reviewed pursuant to Section 120.5435, F.S., an updated document for the incorporated material must be submitted for approval on the Department of State’s e-rulemaking website, www.flrules.org.

(5) An agency may incorporate another of its own rules by reference. Unlike other incorporated materials, however, such an incorporation will automatically incorporate subsequent amendments of the incorporated rule(s), unless the agency clearly expresses a contrary intent within the rule that incorporates other rule(s). A notice of an amendment of a rule that is incorporated in another rule must explain the effect of its amendment on the rule that incorporates the rule being amended.

(6) Unless prohibited by federal copyright law as determined by the submitting agency, the submitting agency shall electronically file a complete and correct copy of all materials incorporated by reference in its rules through the Department of State’s e-rulemaking website at www.flrules.org, no earlier than twenty-one (21) days after the publication of a Notice of Proposed Rule or Notice of Change and no later than five (5) business days prior to the rule adoption. The filed materials incorporated by reference must reflect all amendments being made to the materials without coding present. Unless prohibited by federal copyright law as determined by the submitting agency, if a rule reviewed pursuant to Section 120.5435, F.S., does not comply with Section 120.54(1)(i)3., F.S., the submitting agency shall electronically file a complete and correct copy of all materials incorporated by reference in the rule through the Department of State’s e-rulemaking website, www.flrules.org, with no changes or only technical changes made, no later than five (5) business days prior to filing the certified copy of the reviewed rule with the Department of State. Electronically filed materials may not exceed 100 MB per submission. An agency may file material in parts to comply with the 100 MB file size requirement. Materials incorporated by reference may be submitted in any format.

(a) The submitting agency is responsible for ensuring that all incorporated materials filed electronically comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. s. 794d., Federal Electronic and Information Technology Accessibility and Compliance Act).

(b) A submitting agency that determines that the posting of incorporated material on the Internet for public viewing would constitute a violation of federal copyright law, shall indicate this using Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” or Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S. Filed with the Department of State,” at the time of submitting the rule adoption packet, emergency rule adoption packet, or certified copy of a rule reviewed pursuant to Section 120.5435, F.S. The adopting agency shall also provide the addresses of locations and the manner in which a person may inspect and examine the copyrighted materials incorporated by reference in the rule. A rule adoption packet may not be filed for adoption until all copyrighted materials incorporated by reference are received in their original format by the Department of State. If the original format of the copyrighted materials incorporated by reference is a digital file, such as a Word document or PDF, such files must be provided to the Department of State uploaded to a flash drive or CD. Copyrighted materials may be delivered in person or may be mailed to the following address:

Florida Department of State

Florida Administrative Code and Register

Room 701, The Capitol

400 South Monroe Street

Tallahassee, Florida 32399-1100

(c) At the time an agency submits a rule adoption packet, an emergency rule adoption packet, or a certified copy of a rule reviewed pursuant to Section 120.5435, F.S., in accordance with Rule 1-1.010, F.A.C., the agency shall provide:

Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” when filing a rule with incorporated material for adoption. A copy of the materials incorporated by reference shall not be included in the rule adoption packet. Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19234;
Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” when filing an emergency rule with incorporated material for adoption. A copy of the materials incorporated by reference shall be included as part of the emergency rule adoption packet. Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” effective August 2026, is incorporated herein by reference and is available at https://flrules.org/Gateway/reference.asp?No=Ref-19235; or
Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S., Filed with the Department of State,” when filing a certified copy of a rule reviewed pursuant to Section 120.5435, F.S., with incorporated material. A copy of the materials incorporated by reference shall not be included in the certification packet. Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S., Filed with the Department of State,” effective August 2026, is incorporated herein by reference and is available at https://flrules.org/Gateway/reference.asp?No=Ref-19236.

(7) When incorporated materials are filed electronically through the Department of State’s e-rulemaking website, www.flrules.org, the Department shall make the full text of incorporated materials available free for public access through an electronic hyperlink from the rule that references the material, directly to the material incorporated. Hyperlinks from rules in the Florida Administrative Code to any material not maintained by the Department of State are prohibited. Each material incorporated by reference shall have a hyperlink that is unique to the incorporated material. Hyperlinks to incorporated materials are unique to each rule and shall not be reused in any other rule, unless a rule is transferred to a new rule number.

(8) Although incorporated materials will be made available electronically on the Department of State’s e-rulemaking website, www.flrules.org, incorporated materials shall not be published in the Florida Administrative Code or Administrative Register.

(9) A hyperlink to materials incorporated by reference shall not be added to a rule, unless the incorporated materials have been approved in accordance with subsection 1-1.013(6), F.A.C., and a complete and correct rule adoption packet or certified copy of a rule reviewed pursuant to Section 120.5435, F.S., has been filed with the Department of State.

History

Rulemaking Authority 20.10(3), 120.54(1)(i)8., 120.55(1)(c) FS. Law Implemented 120.54(1)(i), 120.55(1)(a)4. FS. History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 1S-1.005, Amended 3-8-09, 1-1-11, Formerly 1B-30.005, Amended 5-16-21, 1-5-22, 8-24-26, Technical Change 8-24-26.

Fla. Admin. Code R. 1-1.014 Uniform Indexing Procedures

Library References: Belz, Agency Practice and Procedure: What Are They Up To, How Do You Know, and What Can You Do About It, 56 Fla. Bar. J. 652 (July/Aug. 1982).

History

Rulemaking Authority 120.54(1)(j) FS. Law Implemented 120.54(1)(j) FS. History–New 5-29-80, Formerly 1-1.06, Amended 2-9-84, 10-1-84, 11-14-85, 1-1-92, 9-13-98, Formerly 1S-1.007, Formerly 1B-30.007, Repealed 8-24-26.

Chapter 1-2 DESCRIPTION OF ORGANIZATION

Fla. Admin. Code R. 1-2.001 Description of Organization, Delegation of Authority and Rules Governing Procedure

History

Rulemaking Authority 110.503(2), 120.53, 120.53(1)(a) FS. Law Implemented 20.05(1)(b), 110.501, 110.503, 120.52(11), 120.53(1)(a), (c), (d), (2), (4), 120.565 FS. History–New 2-2-76, Amended 4-15-79, 6-22-83, Formerly 1-2.01, Amended 5-6-96, Repealed 4-29-98.

Fla. Admin. Code R. 1-2.002 Secretary of State

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 2-2-76, Amended 4-15-79, Formerly 1-2.02, Repealed 1-2-02.

Fla. Admin. Code R. 1-2.0021 Use of the Seal of the State of Florida

(1) No person, without express written authorization from the Department, shall manufacture, use, display or otherwise employ a facsimile or reproduction of the Great Seal of the State of Florida (Great Seal), except as provided in this rule.

(2) Any person desiring to obtain approval from the Department for the manufacture or use of a facsimile or reproduction of the Great Seal shall make application on the form prescribed by the Department. The form, Application for Manufacture or Use of the Great Seal of the State of Florida, Form DS-19, effective 4-4-06, is incorporated by reference herein and is available from the Office of the Secretary.

(3) Department approval for use of the Great Seal is for a term of 4 years, unless otherwise stated by the Department, and can be renewed upon the completion and approval of a new application.

(4) Applications and supporting documents shall be filed with the Office of the General Counsel, Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. For manufactured items, a separate application for each unique item to be manufactured shall be required.

(5) Definitions. The following words shall have the following meanings for the purposes of this rule:

(a) “Political or campaign purposes” shall include all uses related to a past, present, or future political campaign;

(b) “Official government stationery” means stationery intended for use by a state governmental agency when specific written approval for use of the Great Seal has been granted by the head of that agency;

(c) “Official government business cards” means business cards in use by a current state govermental agency when specific written approval for use of the Great Seal has been granted by the head of that agency;

(d) “State governmental agency” includes entities defined by Section 120.52(1), F.S., and authorized staff members of those entities;

(e) “Local governmental agency” includes any local governmental agency, including counties, municipalities, special districts or other separate units of local government created or established by law, and authorized staff members of such entities;

(f) “Official government publications” are publications published by or on behalf of the State of Florida;

(g) “Publications serving a governmental purpose” are those publications not published by the State of Florida, which the Department of State, within its discretion, determines are of significant interest to the state, including but not limited to educational publications, where use of the Great Seal would not mislead the public to believe that the publication carries official State sanction or approval.

(6) Standards for Approval. A non-transferable letter of authority shall be issued to the applicant if the applicant affirmatively demonstrates to the Department that the Great Seal will be used for a proper purpose. In order to determine what constitutes a proper purpose, the Department shall consider, at a minimum, the following:

(a) The specific item to be manufactured;

(b) The manner in which the Great Seal is to be displayed on the item to be manufactured;

(d) Whether the public would tend to be misled by the appearance of the Great Seal on the product to believe that the product carries official State sanction or approval;

(e) Whether the use of the Great Seal would tend to mislead the public into believing that a person, meeting, project or event carries official State sanction or approval;

(f) Whether the dignity of the Great Seal will be preserved if approval is granted;

(g) Whether the requested use of the Great Seal will promote a stated governmental goal.

(7) In no event shall approval be given for the use of the Great Seal for the following:

(a) Political or campaign purposes;

(b) Stationery other than official government stationery;

(d) Business cards other than official government business cards;

(e) Designation of landmarks not listed in the National Registry of Historical Places or designated as a historical site under a local ordinance;

(f) T-shirts, jackets or other clothing which might lead the public to believe that the person wearing such apparel is an official of the state, not including official state government uniforms or apparel approved by the head of the state governmental agency;

(g) Publications other than official “state” government agency publications or publications serving a governmental purpose; or

(h) Advertising and news releases.

(8) A letter of authority issued pursuant to this rule shall not become a vested property right in the grantee and approval may be revoked at the discretion of the Department any time prior to the expiration of the authorized term. The Department shall revoke any approval issued if the use no longer promotes a stated governmental goal. Approval shall also be revoked where the Department finds that the holder or his/her agent submitted false or inaccurate information in the application or has violated state law, Department rules, regulations or conditions of approval relating to the use of the Great Seal.

(9) State and Local Government Agencies. Subject to the requirements of subsection 1-2.0021(6), F.A.C., state and local governmental agencies as defined in paragraphs 1-2.0021(5)(d) and (e), F.A.C., may use and display the Great Seal in connection with official business without application to the Department, when specific written approval for use of the Great Seal has been granted by the head of the governmental entity.

History

Rulemaking Authority 15.03 FS. Law Implemented 15.03 FS. History–New 10-2-79, Amended 6-22-83, Formerly 1-2.021, Amended 5-6-96, 4-4-06.

Fla. Admin. Code R. 1-2.003 Organization of Functional Responsibilities

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 2-2-76, Amended 4-15-79, 6-22-83, Formerly 1-2.03, Amended 12-31-89, 9-4-91, 6-18-92, Repealed 5-6-96.

Fla. Admin. Code R. 1-2.0031 Public Records Requests: Special Service Charge

(1) When a public records request is of the nature described in Section 119.07(4)(d), F.S., the following will apply:

(a) The term “extensive” means more than 15 minutes expended by personnel to complete all tasks defined in paragraphs (b) and (c), below.

(b) The term “clerical or supervisory assistance” includes searching for and or locating the requested record, reviewing for statutorily exempt information, deletion of statutorily exempt information, and preparing, copying and re-filing of the requested record.

(c) The term “use of information technology resources” includes the setup and implementation of information technology defined in Section 282.0041(11), F.S.

(2)(a) The Department will determine which personnel are appropriate to provide assistance in fulfilling the request. The special service charge will be computed to the nearest quarter of an hour exceeding 15 minutes based on the cost of wages and benefits of the lowest paid personnel who, in the discretion of the Department, has the necessary skill and training to perform the request. The special service charge shall be in addition to the duplication charge as provided in Sections 119.07(4)(a) and (b), F.S., and will be assessed regardless of the number of individual copies made. Payment for special services shall also be imposed where extensive use of personnel or information technology is necessary to determine whether the public record exists or is exempt from public disclosure.

(b) The requestor shall be required to pay any estimated special service charges, as determined by the Department, prior to personnel rendering such services. The Department will refund to the requestor any monies deposited with the Department in excess of the actual costs incurred to fulfill a request, or, in the alternative, the requestor shall be required to remit additional monies to pay for any costs in excess of the deposit. In the event the requestor fails to remit additional monies to cover costs in excess of the monies deposited, the Department shall withhold releasing any public records identified pursuant to that request until those amounts are paid in full.

History

Rulemaking Authority 20.10(3), 119.07(4)(d) FS. Law Implemented 119.07(4)(d) FS. History–New 3-21-06, Amended 9-17-08.

Fla. Admin. Code R. 1-2.004 General Information

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 2-2-76, Amended 4-15-76, 6-22-83, Formerly 1-2-04, Amended 12-31-89, 9-4-91, 6-18-92, Repealed 5-6-96.

Fla. Admin. Code R. 1-2.005 Statutory Provisions and Rules

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 2-2-76, Formerly 1-2-05, Amended 9-4-91, Repealed 5-6-96.

Fla. Admin. Code R. 1-2.006 Public Records and Inspection of Records

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 2-2-76, Amended 6-22-83, Formerly 1-2-06, Amended 12-31-89, Repealed 12-18-95.

Fla. Admin. Code R. 1-2.007 Public Access to Agency

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 2-2-76, Formerly 1-2-07, Repealed 12-18-95.

Fla. Admin. Code R. 1-2.008 Applications for Employment

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 2-2-76, Amended 4-15-76, 6-22-83, Formerly 1-2-08, Amended 12-31-89, Repealed 5-6-96.

Division 1T Division of Arts and Culture

Chapter 1T-1 ARTS GRANT PROGRAM

Fla. Admin. Code R. 1T-1.001 Division of Arts and Culture

(1) Florida Council on Arts and Culture.

(a) Membership and duties of the Florida Council on Arts and Culture (Council) shall be in accordance with Section 265.285, F.S.

(b) Officers. The Chairperson, Vice Chairperson, and Secretary of the Council shall be elected annually by the Council membership and may be re-elected for subsequent terms. In the event of the resignation or term-expiration of an officer, interim elections may be held.

(c) The Chairperson has the authority to appoint standing and ad hoc committees of the Council, as well as appoint task forces made up of members of the Council and the general public. Standing and ad hoc committees, or task forces may report any recommendations to the Council at the next scheduled Council meeting. Recommendations shall be final upon approval by the Council, unless rejected by the Secretary of State.

(d) The Council shall meet in accordance with Section 265.285(1)(b), F.S. Notice shall be provided and meetings shall be conducted in accordance with Section 120.525, F.S.

(2) Cultural Endowment Program. The purpose of this program is to create an endowment matching funds program that will provide programming resources to participating cultural organizations. All endowment applicants must meet the requirements set forth in the Grant guidelines for Cultural Endowments http://www.flrules.org/Gateway/reference.asp?No=Ref-15835, effective 09/2023, which are available from the Division at www.dos.myflorida.com/cultural, and are hereby incorporated by reference. All grant awards are subject to the approval of the Secretary of State and Legislative appropriation.

(3) The following forms must be used in the administration of the Cultural Endowment Program and are hereby incorporated by reference:

(a) Cultural Endowment Application Form (CA2E037, http://www.flrules.org/Gateway/reference.asp?No=Ref-15836, effective 09/2023) and available from the Division online at www.dosgrants.com.

(b) The Cultural Endowment Agreement (CA2E039, http://www.flrules.org/Gateway/reference.asp?No=Ref-15837, effective 09/2023) and available from the Division online at www.dosgrants.com.

(c) Cultural Endowment Program Fund Annual Report Form (CA2E100, http://www.flrules.org/Gateway/reference.asp?No=Ref-15838), effective 09/2023 and available from the Division at www.dos.myflorida.com/cultural.

(d) Notice of Continuing Eligibility Form (CA2E101, http://www.flrules.org/Gateway/reference.asp?No=Ref-15834 effective 09/2023) and available from the Division at www.dos.myflorida.com/cultural.

History

Rulemaking Authority 265.605(1), 265.701(5) FS. Law Implemented 265.285, 265.601-.603, 265.605-.606, 265.701 FS. History–New 11-23-82, Formerly 1T-1.01, Amended 10-1-96, 10-31-96, 2-2-97, 6-2-97, 7-17-97, 9-10-97, 1-4-98, 7-26-98, 8-2-98, 10-5-98, 10-25-98, 8-17-99, 8-1-02, 12-29-02, 10-14-03(17), 10-14-03(20), 11-16-03, 2-2-05, 5-16-05, 6-21-05, 12-20-05, 5-22-06, 6-5-06, 6-27-06, 8-20-07, 9-16-07, 1-8-08, 7-8-08, 9-8-08, 3-5-09, 6-17-09, 10-27-09, 7-13-10, 7-5-15, 7-6-16, 5-14-17, 6-2-19, 5-7-20, 5-30-21, 3-27-22, 9-5-23.

Fla. Admin. Code R. 1T-1.002 Definitions.flr

History

Rulemaking Authority 265.284(5)(d) FS. Law Implemented 265.284(5)(d) FS. History–New 11-23-82, Formerly 1T-1.02, Amended 2-9-88, 1-10-93, 8-21-94, 3-21-95, 5-6-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.003 Grant Review Panels

History

Rulemaking Authority 265.284(5)(d) FS. Law Implemented 286.011(2), 112.313, 112.3143 FS. History–New 11-23-82, Formerly 1T-1.03, Amended 2-9-88, 1-10-93, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.004 Grants

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c) FS. Law Implemented 265.284(3), 265.285(2), 265.286(1), (2) FS. History–New 11-23-82, Formerly 1T-1.04, Amended 2-9-95, 8-28-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.005 Guide to Cultural Programs for Organizations

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c) FS. Law Implemented 265.284(3), 265.285(2)(a), 265.286(2), (3) FS. History–New 11-23-82, Formerly 1T-1.05, Amended 1-10-93, Repealed 11-6-95.

Fla. Admin. Code R. 1T-1.006 Statewide Arts Grants and Quarterly Grant Assistance Programs

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(6) FS. Law Implemented 265.286(1), (2), (6) FS. History–New 11-23-82, Formerly 1T-1.06, Amended 2-9-88, 1-10-93, 11-21-93, 11-7-94, 11-6-95, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.007 Statewide Arts Grants Program: Artistic Discipline Categories

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), (6) FS. Law Implemented 265.286(1), (2), (6) FS. History–New 11-23-82, Amended 8-15-83, Formerly 1T-1.07, Amended 2-9-88, 1-10-93, 11-21-93, 11-7-94, Repealed 11-6-95.

Fla. Admin. Code R. 1T-1.008 Quarterly Grant Assistance: General Requirements

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(1) FS. Law Implemented 265.286(1), (2), (3) FS. History–New 11-23-82, Formerly 1T-1.08, Amended 2-9-88, 1-10-93, 11-21-93, 11-7-94, Repealed 11-6-95.

Fla. Admin. Code R. 1T-1.009 Fellowship Program: General Requirements

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.285(1), (2) FS. Law Implemented 265.286(2) FS. History–New 11-23-82, Formerly 1T-1.09, Amended 2-9-88, 12-12-93, 12-13-94, 9-5-95, 11-26-95, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.010 State Touring Program

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(1) FS. Law Implemented 265.284(5)(d), 265.286(1), (2), 286.2861(1)(c) FS. History–New 11-23-82, Formerly 1T-1.10, Amended 2-9-88, 10-9-91, 8-21-94, 10-16-95, 2-5-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.011 Arts in Education Program: General Requirements

History

Rulemaking Authority 265.284(5)(d) FS. Law Implemented 216.349, 265.286(1), (2) FS. History–New 11-23-82, Formerly 1T-1.11, Amended 2-9-88, 1-10-93, 2-9-94, 2-13-95, 12-24-95, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.012 Underserved Arts Communities Assistance Program

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(1) FS. Law Implemented 265.286(1), (2) FS. History–New 11-23-82, Formerly 1T-1.12, Amended 2-9-88, 11-2-95, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.013 Grants Programs: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(d), 265.286(1) FS. Law Implemented 216.349(1), 265.284(3), 265.286(2), (3), 286.25 FS. History–New 11-23-82, Formerly 1T-1.13, Amended 2-9-88, 11-1-92, 8-21-94, 7-7-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.014 Technical Assistance Program: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(1) FS. Law Implemented 265.286(2), (3) FS. History–New 11-23-82, Formerly 1T-1.14, Repealed 2-9-98.

Fla. Admin. Code R. 1T-1.015 State Touring Program: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(a), (d) FS. Law Implemented 265.284(2), (3) FS. History–New 11-23-82, Formerly 1T-1.15, Repealed 2-9-88.

Fla. Admin. Code R. 1T-1.016 Fellowship Program: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(d), 265.286(1), (2) FS. Law Implemented 265.286(2), (3) FS. History–New 11-23-82, Formerly 1T-1.16, Amended 2-9-88, 11-1-92, 9-18-94, Repealed 9-10-95.

Fla. Admin. Code R. 1T-1.017 Artists in Education: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(1) FS. Law Implemented 265.286(2), (3) FS. History–New 11-23-82, Formerly 1T-1.17, Repealed 2-9-88.

Fla. Admin. Code R. 1T-1.018 Salary Assistance: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(1) FS. Law Implemented 265.286(2), (3) FS. History–New 11-23-82, Formerly 1T-1.18, Repealed 2-9-88.

Fla. Admin. Code R. 1T-1.019 Arts Grants Program: General Audit Procedures

History

Rulemaking Authority 216.349, 265.284(5)(d), 265.286(1) FS. Law Implemented 265.286(3) FS. History–New 11-23-82, Formerly 1T-1.19, Amended 2-9-88, 11-1-92, Repealed 12-18-95.

Fla. Admin. Code R. 1T-1.020 Local Arts Agency/State Service Organization Program: General Requirements

History

Rulemaking Authority 216.349, 265.284(5)(d) FS. Law Implemented 265.286(1), (2), (3) FS. History–New 6-9-91, Amended 5-11-92, 9-17-92, 2-18-93, 3-9-94, 3-30-95, 2-19-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.021 Cultural Institutions Program

History

Rulemaking Authority 265.284(5)(d), 265.2861(2)(b) FS. Law Implemented 265.2861 FS. History–New 3-25-85, Formerly 1T-1.21, Amended 2-9-88, 1-25-89, 11-12-91, 11-26-95, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.022 Major Cultural Institution Program: Administrative and Accounting Requirements

History

Rulemaking Authority 265.2861 FS. Law Implemented 265.2861 FS. History–New 3-25-85, Formerly 1T-1.22, Amended 2-9-88, 1-25-89, 11-12-91, 10-26-92, Repealed 7-4-95.

Fla. Admin. Code R. 1T-1.023 General Audit Procedures

History

Rulemaking Authority 265.286(1), (4), 265.284(6) FS. Law Implemented 265.286(4) FS. History–New 3-25-85, Formerly 1T-1.23, Repealed 2-9-88.

Fla. Admin. Code R. 1T-1.024 Dance Touring Initiative: General Requirements

History

Rulemaking Authority 265.286(1), (4), 265.284(6) FS. Law Implemented 265.286(4) FS. History–New 2-9-88, Repealed 7-4-95.

Fla. Admin. Code R. 1T-1.025 Vital Local Cultural Organization Program Grant Program: General Requirements

History

Rulemaking Authority 265.284(5)(d), 265.286(7)(a), (h) FS. Law Implemented 265.286(7) FS. History–New 6-7-89, Amended 3-20-91, Repealed 7-4-95.

Fla. Admin. Code R. 1T-1.026 Vital Local Cultural Organization Program: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(d) FS. Law Implemented 265.284(5)(d) FS. History–New 11-23-82, Formerly 1T-1.02, Amended 2-9-88, 1-10-93, 8-21-94, 3-21-95, 5-6-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.027 Challenge Grant Program

History

Rulemaking Authority 265.284(5)(d), 265.286(4) FS. Law Implemented 265.286 FS. History–New 1-26-89, Amended 5-25-92, 5-26-93, 3-20-94, 2-15-95, 2-11-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.028 Challenge Grant Program: Administrative and Accounting Requirements

History

Rulemaking Authority 265.284(5)(d), 265.286(4) FS. Law Implemented 216.349, 265.286 FS. History–New 1-26-89, Amended 5-25-92, 7-4-93, 7-26-94, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.029 Science, Youth and Children’s Museums Grants

History

Rulemaking Authority 120.53, 265.284(5)(d), 265.608, 265.609(2) FS. Law Implemented 265.608, 265.609 FS. History–New 12-28-95, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.030 Cultural Facilities Program

History

Rulemaking Authority 265.284(5)(d), 265.285(1)(c), 265.286(1) FS. Law Implemented 265.701 FS. History–New 2-15-96, Repealed 6-4-97.

Fla. Admin. Code R. 1T-1.031 Historical Museum Grants Application Requirements

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, 4-3-97, 11-23-00, Formerly 1A-43.007, Amended 3-5-09, Repealed 10-27-09.

Fla. Admin. Code R. 1T-1.032 History Museums Application Review and Grant Administration

History

Rulemaking Authority 267.031 FS. Law Implemented 267.071, 267.072, 286.031 FS. History–New 3-28-90, Amended 5-11-92, 4-3-97, 11-23-00, Formerly 1A-43.009, Amended 3-5-09, Repealed 10-27-09.

Fla. Admin. Code R. 1T-1.033 Art in State Buildings Program

(1) The Art in State Buildings Program acquires artwork for public display in the interior or exterior of state buildings, in accordance with Section 255.043, F.S. Each agency shall follow the art selection process and forms contained in the Art in State Buildings Handbook (CA2E120, effective 10/09), incorporated by reference and available at www.Florida-Arts.org., and in doing so, shall report funding appropriations and submit documentation supporting its art selection process to the Florida Council on Arts and Culture.

(2) Forms. The following Forms are incorporated by reference and are a part of the Art in State Buildings Handbook and available at www.Florida-Arts.org: ASB Administrator Designation Form (CA2E121, effective 10/09), Construction Appropriation Notification Form (CA2E122, effective 10/09), User Agency Representative Designation Form (CA2E124, effective 10/09), Committee Meetings Report Form (CA2E125, effective 10/09), Artist’s Declaration Form (CA2E128, effective 10/09), Selection Detail Form (CA2E132, effective 10/09), and Project Completion Form (CA2E135, effective 10/09).

History

Rulemaking Authority 255.043(4) FS. Law Implemented 255.043 FS. History–New 10-27-09, Formerly 1T-1.001(2)(a).

Fla. Admin. Code R. 1T-1.034 Florida Artists Hall of Fame and Florida Arts Recognition Awards

(1) This section provides nomination or application and selection procedures for the Florida Artists Hall of Fame and the Florida Arts Recognition Awards.

(2) Nominations or applications to these awards programs must meet the eligibility and application requirements set forth in the Florida Artists Hall of Fame Nomination Form (CA1E021, effective 07/22), and the Florida Arts Recognition Awards Nomination Form (CA1E015, effective 10/09), both incorporated by reference and available at www.Florida-Arts.org.

History

Rulemaking Authority 265.2865(6) FS. Law Implemented 265.2865 FS. History–New 10-27-09, Formerly 1T-1.001(2)(b), Amended 7-14-22.

Fla. Admin. Code R. 1T-1.035 Artwork Collection Care and Maintenance

History

Rulemaking Authority 265.284(3)(j) FS. Law Implemented 265.284 FS. History–New 10-27-09, Formerly 1T-1.001(20), Repealed 7-15-26.

Fla. Admin. Code R. 1T-1.036 Arts and Cultural Grants

(1) This rule provides the requirements for grant programs administered by the Division of Arts and Culture (Division). Each program is governed by guidelines which contain eligibility requirements, application review procedures, evaluation and funding criteria, grant administration procedures, and application forms. All grant awards are subject to the approval of the Secretary of State.

(2) All grant applicants must meet the requirements set forth in the General Program Support Grant Guidelines http://flrules.org/Gateway/reference.asp?No=Ref-18800 and Specific Cultural Grant Guidelines, http://flrules.org/Gateway/reference.asp?No=Ref-18801, which are available from the Division at www.dos.myflorida.com/cultural, effective 11/2025, and are hereby incorporated by reference:

(a) The General Program Support Program provides general program support for local arts agencies, state service organizations, and organizations that have general program activity in any of the art and cultural disciplines in Section 265.283(7), F.S. Grant administration procedures are also included as part of the guidelines.

(b) Specific Cultural Projects Program, provides funding for arts in education, underserved cultural community development, artist projects, and other nonprofit public or private organizations having specific cultural project activity in any of the arts and cultural disciplines in Section 265.283(7), F.S. Grant administration procedures are also included as part of the guidelines.

(3) The following application form is available from the Division at www.dosgrants.com and is hereby incorporated by reference: General Program Support and Specific Cultural Projects Program Application (Form CA2E145, http://flrules.org/Gateway/reference.asp?No=Ref-18802, effective 11/2025).

(4) The following forms are used in the administration of all grant programs in this rule and are hereby incorporated by reference and available at www.Florida-arts.org:

(a) Final Report Form (Form CA2E004, http://flrules.org/Gateway/reference.asp?No=Ref-18803, effective 11/2025).

(b) Grant Award Agreement (Form CA2E142, http://flrules.org/Gateway/reference.asp?No=Ref-18804, effective 11/2025).

(5) The following documents are incorporated by reference:

(a) Section 504 Self Evaluation Workbook from the National Endowment for the Arts, http://flrules.org/Gateway/reference.asp?No=Ref-18805, effective 11/2025.

(b) National Endowment for the Arts General Terms & Conditions for Partnership Agreements, http://flrules.org/Gateway/reference.asp?No=Ref-18806, effective 06/2025.

(c) Florida Department of Financial Services Reference Guide for State Expenditures, http://flrules.org/Gateway/reference.asp?No=Ref-18807, effective 10/2022.

(d) Florida Division of Arts and Culture Scoring Rubric for General Program Support and Specific Cultural Project Applications, http://flrules.org/Gateway/reference.asp?No=Ref-18808, effective 11/2025.

History

Rulemaking Authority 265.286(11) FS. Law Implemented 265.286 FS. History–New 10-27-09, Amended 6-1-10, 4-2-12, 6-10-13, 3-16-14, 5-27-15, 7-6-16, 5-14-17, 6-5-18, 6-2-19, 5-7-20, 5-30-21, 3-27-22, 7-31-23, 11-30-25.

Fla. Admin. Code R. 1T-1.037 State Touring Program

History

Rulemaking Authority 265.286(1), (11), (5)(c) FS. Law Implemented 265.286 FS. History–New 10-27-09, Formerly 1T-1.001(11), Amended 4-2-12, 3-16-14, Repealed 7-15-26.

Fla. Admin. Code R. 1T-1.038 Individual Artist Fellowship Program

History

Rulemaking Authority 265.286(11) FS. Law Implemented 265.286(5)(d) FS. History–New 10-27-09, Formerly 1T-1.001(17), Amended 7-23-12, Repealed 7-15-26.

Fla. Admin. Code R. 1T-1.039 Cultural Facilities Program

(1) This rule provides the requirements for the Cultural Facilities Program administered by the Division of Arts and Culture (Division). All grant applicants must meet the requirements set forth in the Grant Guidelines for Cultural Facilities, http://www.flrules.org/Gateway/reference.asp?No=Ref-15683, effective 07/2023, which are available from the Division at www.dos.myflorida.com/cultural, and are hereby incorporated by reference. The program guidelines contain eligibility requirements, application review procedures, evaluation and funding criteria, and application forms. All grant awards are subject to the approval of the Secretary of State and Legislative appropriation.

(2) The Cultural Facilities Program Application (Form CA2E147, http://www.flrules.org/Gateway/reference.asp?No=Ref-15684, effective 07/2023), is available from the Division online at www.dosgrants.com, and is hereby incorporated by reference.

(3) The following forms must be used in the administration of the Cultural Facilities Program and are hereby incorporated by reference and available at www.dosgrants.com:

(a) Cultural Facilities Program Report Form (Form CA2E048, http://www.flrules.org/Gateway/reference.asp?No=Ref-15685, effective 07/2023).

(b) Grant Award Agreement (Form CA2E038, http://www.flrules.org/Gateway/reference.asp?No=Ref-15686, effective 07/2023).

History

Rulemaking Authority 265.701(5) FS. Law Implemented 265.701 FS. History–New 7-13-10, Formerly 1T-1.001(3), Amended 6-5-12, 6-13-13, 3-16-14, 4-29-15, 7-6-16, 5-14-17, 5-14-18, 6-2-19, 5-7-20, 5-30-21, 3-27-22, 7-31-23.

Fla. Admin. Code R. 1T-1.040 Fast Track Grants

History

Rulemaking Authority 265.286(11) FS. Law Implemented 265.286 FS. History–New 8-12-12, Amended 6-10-13, 3-16-14, 4-29-15, 7-6-16, 5-14-17, 6-5-18, 6-2-19, 5-7-20, 5-30-21, 3-27-22, Repealed 7-15-26.

Fla. Admin. Code R. 1T-1.041 Florida Poet Laureate

(1) This section provides nomination, application, and selection procedures for the Florida Poet Laureate appointment.

(2) Nominations for the Florida Poet Laureate must meet the following eligibility:

(a) Must be a permanent resident of the State of Florida;

(b) Must be willing and able to engage in outreach for the benefit of schools and communities throughout the State of Florida;

(d) Must be willing to perform other duties as prescribed by the Florida Department of State; and,

(e) Must be willing to serve a four-year term.

(3) The Florida Poet Laureate Nomination (Form C2E081, http://www.flrules.org/Gateway/reference.asp?No=Ref-04973, effective 2/15), is incorporated by reference and available at www.Florida-Arts.org.

History

Rulemaking Authority 265.2863(6) FS. Law Implemented 265.2863 FS. History–New 2-17-15.

Fla. Admin. Code R. 1T-1.042 Division Initiatives Partnership Program

(1) This rule provides the requirements for the Florida Division of Arts and Culture and National Endowment for the Arts Division Initiatives Partnership Program. The guidelines contain eligibility requirements, application review procedures, and evaluation criteria.

(2) All grant applicants must meet the requirements set forth in the Florida Division of Arts and Culture and National Endowment for the Arts Division Initiatives Partnership Program Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-15687, effective 07/2023, which are available from the Division at www.dos.myflorida.com/cultural and are hereby incorporated by reference.

(3) The following application form is available upon request from the Division. The application form is hereby incorporated by reference: Division of Arts and Culture Initiatives Partnership Program Application (Form CA2E121 http://www.flrules.org/Gateway/reference.asp?No=Ref-15688, effective 07/2023).

(4) The following forms are used in the administration of the Division Initiatives Partnership Program in this rule and are hereby incorporated by reference.

(a) NEA DCA Initiatives Partnership Program Final Report (Form CA2E123, http://www.flrules.org/Gateway/reference.asp?No=Ref-15689, effective 07/2023).

(b) Division Initiatives Partnership Program Grant Award Agreement (Form CA2E122, http://www.flrules.org/Gateway/reference.asp?No=Ref-15690, effective 07/2023).

(5) The following documents are incorporated by reference:

(a) Section 504 Self Evaluation Workbook from the National Endowment for the Arts, http://www.flrules.org/Gateway/reference.asp?No=Ref-08132, effective 05/2017.

(b) National Endowment for the Arts General Terms & Conditions for Partnership Agreements, http://www.flrules.org/Gateway/reference.asp?No=Ref-14114, effective 05/2021.

(c) Florida Department of Financial Services Reference Guide for State Expenditures, http://www.flrules.org/Gateway/reference.asp?No=Ref-11851, effective 05/20.

(d) Florida Division of Arts and Culture Strategic Plan, http://www.flrules.org/Gateway/reference.asp?No=Ref-11863, effective 05/20.

(e) 20 U.S. Code §954 – National Endowment for the Arts, http://www.flrules.org/Gateway/reference.asp?No=Ref-09881, effective 10/01/1990.

(f) 2 CFR Part 200, http://www.flrules.org/Gateway/reference.asp?No=Ref-09882, effective 01/2014.

History

Rulemaking Authority 265.286(11) FS. Law Implemented 265.286 FS. History–New 10-10-18, Amended 6-2-19, 5-7-20, 5-30-21, 3-27-22, 7-31-23.

Chapter 1T-12 MUSEUM OF FLORIDA HISTORY

Fla. Admin. Code R. 1T-12.001 Definitions

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.003, Transferred to Rule 1A-49.001.

Fla. Admin. Code R. 1T-12.002 Acquisition Procedures

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.003, Transferred to Rule 1A-49.002.

Fla. Admin. Code R. 1T-12.003 Accessioning Procedures

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.003, Transferred to Rule 1A-49.003.

Fla. Admin. Code R. 1T-12.004 Inventory of State-owned Artifacts

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.003, Transferred to Rule 1A-49.004.

Fla. Admin. Code R. 1T-12.005 Loan of State-owned Artifacts

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.003, Transferred to Rule 1A-49.005.

Fla. Admin. Code R. 1T-12.006 Deaccession and Disposal of State-owned Artifacts

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.003, Transferred to Rule 1A-49.006.

Division 1N Division of Corporations

Chapter 1N-5 ELECTRONIC NOTARIZATION

Fla. Admin. Code R. 1N-5.001 Definitions

(1) “Capable of independent verification” means any interested person may reasonably determine the notary’s identity, the notary’s relevant authority and that the electronic signature is the act of the particular notary identified by the signature.

(2) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means.

(3) “Electronic notarization” and “electronic notarial act” means an official act authorized under section 117.021(1), F.S., using electronic documents and electronic signatures.

(4) “Electronic Notary System” means a set of applications, programs, hardware, software, or technology designed to enable a notary to perform electronic notarizations.

(5) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document or record.

(6) “Attached to or logically associated with” means the notary’s electronic signature is securely bound to the electronic document in such a manner as to make it impracticable to falsify or alter, without detection, either the signature or the document.

(7) “Unique to the notary public” means the notary’s electronic signature is attributable solely to the notary public to the exclusion of all other persons.

(8) “Retained under the notary public’s sole control” means accessible by and attributable solely to the notary to the exclusion of all other persons and entities, either through being in the direct physical custody of the notary or through being secured with one or more biometric, password, token, or other authentication technologies in an electronic notarization system that meets the performance requirements of sections 117.021(2) and (3), F.S.

(9) “Public key certificate” means a computer-based record that:

(a) Identifies the certification authority issuing it;

(b) Names or identifies its subscriber;

(d) Is digitally signed by the certification authority issuing it.

History

Rulemaking Authority 117.021(5) FS. Law Implemented 117.021 FS. History–New 1-26-10.

Fla. Admin. Code R. 1N-5.002 Notary’s Electronic Signature

(1) In performing an electronic notarial act, a notary shall execute an electronic signature in a manner that attributes such signature to the notary public identified on the official commission.

(2) A notary shall take reasonable steps to ensure the security, reliability and uniformity of electronic notarizations, including, but not limited to, the use of an authentication procedure such as a password, token, card or biometric to protect access to the notary’s electronic signature or the means for affixing the signature.

(3) The notary’s electronic signature and seal information may be affixed by means of a public key certificate.

(4) The notary’s electronic signature and seal information may be affixed by means of an electronic notary system.

(5) Any public key certificate or electronic notary system that is used to affix the Notary’s electronic signature and seal information shall be issued at the third or higher level of assurance as defined by the U.S. National Institute of Standards and Technology (NIST) Special Publication 800-63-2 (NIST800-63-2), Electronic Authentication Guideline Version 1.0.2., effective 8-2013, available at NIST’s website www.csrc.nist.gov which is incorporated by reference at: https://www.flrules.org/Gateway/reference.asp?No=Ref-07017, and may be accessed at the following URL: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP800-63-2.pdf.

History

Rulemaking Authority 117.021(5) FS. Law Implemented 117.021 FS. History–New 1-26-10, Amended 6-27-16.

Chapter 1N-6 FLORIDA CIVIL-LAW NOTARY

Fla. Admin. Code R. 1N-6.001 Florida Civil-law Notary

(1) Application:

(a) Florida Civil-law Notaries appointed pursuant to this rule may continue to use the title “Florida International Notary” wherever that title is used or required to be used under this rule. Persons wishing to be appointed by the Secretary of State as Florida Civil-law Notaries may request an application by writing to the following address and requesting Form Number DS-DOC-38, titled “Application for Appointment as a Florida Civil-law Notary,” Effective October 8, 1998, which form is hereby incorporated by reference. All other forms discussed in this rule may be obtained by writing the same address:

Department of State

Office of the Secretary

PL-02

The Capitol

Tallahassee, Florida 32399-0250

(b) The application to become a Florida Civil-law Notary must be complete and on the above form prescribed by the Department of State. The application must be accompanied by:

A certificate of good standing from the Supreme Court of Florida issued within 90 days of the date of application showing that the applicant is currently a member of the Florida Bar and has been a member of The Florida Bar for at least five years.
An application processing fee in the amount of fifty dollars.

(2) Educational programs:

(a) Persons or entities who wish to submit a proposed civil-law notary curriculum or course of study to the Department of State for consideration as to its acceptability by the Department of State may do so. Any such curriculum or course of study submitted for the Department of State’s approval should incorporate all of the following elements:

The nature and characteristics of notarial practice in civil-law jurisdictions including a review of the historical development of civil-law notarial practice;
A comparison of notarial functions and the nature and characteristics of notarial practice under chapter 117, F.S., and civil-law notarial functions and practices under chapter 118, F.S., including a review of the historical development of common law notarial practice;
The nature and characteristics of the Florida Civil-law notary, including a comparison of notarial practice in civil-law countries and practice as a non-lawyer notary public under chapter 117, F.S.;
The similarities and differences between practicing as a Florida Civil-law Notary and the traditional practice of law in the State of Florida;
The purposes of and uses of authentic acts, and the rules regulating the execution of authentic acts, administration of oaths, and taking of acknowledgments by Florida Civil-law Notaries;
Solemnization of marriage by a Florida Civil-law Notary;
Florida laws relevant to practice as a Florida Civil-law Notary;
Rules regulating The Florida Bar including the Rules of Discipline and the Rules of Professional Conduct;
The potential malpractice liability of Florida Civil-law Notary.

(b) The Department of State shall maintain a list of the currently approved Florida Civil-law Notary education programs and shall make the list available upon request. Each education program shall be subject to annual renewal.

(c) Persons who have had a curriculum or course of study approved by the Department may also administer the Department’s civil-law notary test under the Department’s supervision, but may not charge a fee in excess of $200 to any person for administering a test to that person. All test materials are confidential property of the Department of State and any person who compromises the confidentiality of the test materials or allows another to do so shall not in the future be authorized by the Department to serve as a test administrator.

(3) Examination:

(a) A Florida Civil-law Notary application shall be valid for a period of one year from the date on which the application was received by the Department of State during which time the applicant must complete the Florida Civil-law Notary examination. If the applicant completes the examination, with a satisfactory score of 70%, within the one year period prescribed above, the applicant remains eligible for appointment as a Florida Civil-law Notary even though the appointment itself may occur more than one year after the date on which the application was received.

(b) After reviewing the application for completeness and accuracy of information, determining that all necessary documents accompany the application, and that the applicant meets the requirements of this rule and section 118.10, F.S., the Department of State will provide the applicant with a certificate of eligibility to take the Florida Civil-law Notary examination and a list of examination dates and corresponding examination locations.

(c) The applicant who has been certified as eligible must notify the Department of State at least two weeks in advance of any scheduled examination that the applicant intends to take a scheduled examination. If notice is not received, or if the notice is untimely, the applicant will not be admitted to the examination.

(d) Upon appearing at the examination location, and prior to entering the examination facility, the applicant must present to the examination authorities the certificate of eligibility issued to the applicant by the Department of State, a governmentally issued identification card which bears the applicant’s picture, and pay the examination fee.

(4) Appointment, Revocation, Voluntary Resignation:

(a) Upon completion of each examination session and after the examinations are scored, the testing authority shall promptly forward the examination results to the Department of State. The Department of State shall then notify the applicants of their respective test scores and shall appoint those persons with satisfactory scores of 70% as Florida Civil-law Notaries.

(b) Upon accepting appointment as a Florida Civil-law Notary, the applicant shall file within 90 days after appointment with the Department of State Form Number DS-DOC-42, titled “Appointment of Protocol Custodian and Seal Filing,” Effective October 8, 1998, which form is hereby incorporated herein by reference. The applicant shall identify a Florida Civil-law Notary in good standing with the Department of State and The Florida Bar who has agreed to take custody of the applicant’s protocol in the event that the applicant’s appointment is ever suspended or revoked, or if the applicant dies or becomes incapacitated. If for any reason a Florida Civil-law Notary chooses to change secondary custodial notaries, the Florida Civil-law Notary shall promptly notify the Department of State in writing and shall make the appropriate change in the civil-law notary’s annual report.

(c) Unless suspended or revoked in accordance with this rule, an appointment as a Florida Civil-law Notary shall continue in force for so long as the applicant is a member in good standing of The Florida Bar, subject to the requirement that the applicant must file an annual report with the Florida Department of State at the address noted above on Form Number DS-DOC-39, titled “Florida Civil-law Notary Annual Report,” effective October 8, 1998, which form is hereby incorporated by reference. The annual report shall include the civil-law notary’s current business address and telephone number and the identity and signature of another Florida Civil-law Notary who has agreed to take custody of the civil-law notary’s protocol upon the suspension, revocation, incapacitation or death of the civil-law notary. A processing fee payable to the Department of State in the amount of fifty dollars shall accompany the annual report. Failure to file an annual report with the Florida Department of State shall result in revocation of the civil-law notary’s appointment.

(5) Form and content of signatures and seals; registration of signatures and seals:

(a) A Florida Civil-law Notary’s original hand written signature and seal shall be registered with the Department of State. No Florida Civil-law Notary shall take any official action or execute any document as a civil-law notary until his seal has properly registered.

(b) Except for those documents executed by digital signature as provided under subparagraph (6)(b)2. this rule, the Florida Civil-law Notary’s original handwritten signature and an original rubber stamp or embossed impression of the civil-law notary’s seal shall be affixed by the civil-law notary to all documents executed by the civil-law notary while acting in as a Florida Civil-law Notary under chapter 118, F.S. The civil-law notary shall not allow any other person to sign or seal a document using the civil-law notary’s official signature or seal.

(c) The civil-law notary’s seal may be an embossing seal or a rubber stamp and may be circular or square in shape and shall not be more than two inches nor less than one inch in diameter if circular, or more than two inches on each side nor less than one inch on each side if square.

(d) A registered signature and seal may be changed by applying to the Department of State at the address listed above for Form Number DS-DOC-41, Effective October 8, 1998, which form is hereby incorporated herein by reference. An application to change a signature or seal shall be considered an amendment to the notary’s application and shall be accompanied by a processing fee of $25.00.

(6)(a) Form and content of authentic acts:

(b) Each authentic act shall contain:

The handwritten signature and original seal of the Florida Civil-law Notary.
The signature and seal may be incorporated into public key certificate which complies with the requirements of Rule 1-10.001, F.A.C. When serving as part of an authentication instrument, the public key certificate of a Florida Civil-law Notary must clearly show the Florida Civil-law Notary’s signature and seal are registered with the Department of State.
The typewritten full name of the Florida Civil-law Notary in the form in which the notary’s application for appointment was originally submitted to the Department of State and the words “Florida Civil-law Notary” typewritten in the English language.
The current business address and telephone number of the Florida Civil-law Notary typewritten in the English language.
A statement typewritten in the English language that “Under the laws of the State of Florida, section 118.10, F.S., this authentic act is legally equivalent to the authentic acts of civil-law notaries in all jurisdictions outside the geographic borders of the United States and is issued on the authority of the Florida Secretary of State.”
The date on which the authentic act was signed and sealed by the Florida Civil-law Notary and the signatures of the parties to the transaction.
All words or statements required to appear in the English language may also appear in any other language.
An authentic act may also contain such other information or material as may be required to satisfy any legal requirements, or to satisfy ethical or legal concerns, or the business needs of the parties to the transaction or of the Florida Civil-law Notary including statements attesting to the signatures on accompanying documents if executed in the Florida Civil-law Notary’s presence, and any witnessing signatures; a statement confirming the legality of the transaction and the contents of any documents and any limitations thereon; any facts contained in the documents or relied on by any interested party and any limitations thereon.

(7) Procedures for the administration of oaths; taking of acknowledgments and solemnizations of marriage:

(a) A Florida Civil-law Notary may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be attested, protested, or published under seal of a notary public. In administering the oath, the Florida Civil-law Notary must require the signer to voluntarily swear or affirm that the statements contained in the documents are true.

(b) A Florida Civil-law Notary may administer an acknowledgment of deeds and other instruments of writing for record. Such acknowledgment does not require that an oath be taken, but the signer must acknowledge that the execution of the document is his or her voluntary act. The Florida Civil-law Notary may not take an acknowledgment of execution in lieu of an oath if an oath is required.

(c) A Florida Civil-law Notary may not administer an oath to a person or take his or her acknowledgment unless he or she personally knows, as defined in section 117.05(5)(a), F.S., or has satisfactory evidence, as defined in section 117.05(5)(b), F.S., that the person whose oath is to be administered or whose acknowledgment is to be taken, is the individual who is described in and who is executing the authentic act or other instrument. A Florida Civil-law Notary may not administer an oath to a person or take his or her acknowledgment unless the person whose oath is being administered or whose acknowledgment is to be taken is in the presence of the Florida Civil-law Notary at the time the oath is being administered or the acknowledgment is being taken.

(d) An oath or acknowledgment taken or administered by a Florida Civil-law Notary shall be signed in the presence of the notary, and where otherwise required by law witnessed in the presence of the Florida Civil-law Notary, and shall be executed with the civil-law notary’s handwritten signature and original seal.

(e) A Florida Civil-law Notary may use any of the forms prescribed in chapter 117, F.S., for administering oaths or taking acknowledgments but shall not be required to do so, and an oath or acknowledgment may be, but is not required to be, incorporated into any document executed by a civil-law notary as an authentic act. This section does relieve the civil-law notary of the obligation to secure the signatures of other witnesses where otherwise required by law.

(8) The Florida Civil-law Notary’s Protocol:

(a) A Florida Civil-law Notary’s protocol shall be maintained in a secure, fireproof location at the Florida Civil-law Notary’s principal place of business;

(b) The protocol shall contain an original copy or photocopy of each of the Florida Civil-law Notary’s authentic acts in date sequence, and an original photocopy of any supporting or related documents, which shall be permanently archived in the protocol. The protocol shall also contain, in date sequence, a photocopy or original copy of any document containing, incorporating or depending upon, an acknowledgment, oath or solemnization executed by the civil-law notary, which shall include a copy of any certificate made by the civil-law notary.

(c) The protocol shall contain or be accompanied by an index to its contents in date order. In addition to the date on which act, oath, acknowledgment, or solemnization was executed, each entry in the index shall identify the party or parties who paid the notary’s fee.

(d) The protocol shall be available for inspection by the Department of State during reasonable business hours and copies of any documents contained in the protocol shall be furnished to the Department upon request. The contents of the protocol shall otherwise be considered confidential and shall be made available only to persons who have a legal interest in a particular transaction.

(e) A Florida Civil-law Notary who takes custody of the protocol of another Florida Civil-law Notary’s protocol because of suspension or incapacitation shall maintain the protocol until the suspension period expires or the incapacitation is relieved. When a Florida Civil-law Notary takes custody of another Florida Civil-law Notary’s protocol because of revocation or death the custodial Florida Civil-law Notary shall permanently maintain the protocol in accordance with this rule.

(9) Discipline; suspension and revocation:

(a) A Florida Civil-law Notary shall be disciplined for violation of this rule. All complaints to the Department of State concerning the conduct or acts of a Florida Civil-law Notary will also be referred to The Florida Bar for a determination by the Bar as to whether the complaint alleges a violation of the rules of The Florida Bar governing the conduct and discipline of lawyers.

(b) All complaints to the Department of State concerning the conduct or acts of a Florida Civil-law Notary which on their face appear to establish facts which if proven true would constitute an act of misrepresentation or fraud in the creation or execution of an authentication instrument will be investigated by the Department of State to determine whether cause exists to suspend the Florida Civil-law Notary’s appointment or reprimand the Florida Civil-law Notary.

(c) After investigation and upon a determination by the Department that one or more acts of misrepresentation, fraud or violation of this rule has been committed by a Florida Civil-law Notary, the Department of State shall, after considering the extent of the fraud or misrepresentation including the number of persons involved and the effect on those persons; the number of acts of misrepresentation or fraud; any financial loss or other injury that may have resulted; and the degree of culpability of the Florida Civil-law Notary:

Issue a letter of warning to the Florida Civil-law Notary including the Department’s findings;
Order compliance with this rule;
Order restitution;
Order suspension of the appointment of the Florida Civil-law Notary;
Order revocation of the appointment of the Florida Civil-law Notary.

(d) Any order under this rule which requires payment of restitution or results in the suspension or revocation of the appointment of a Florida Civil-law Notary shall be accompanied by a notice of final agency action as required by chapter 120, F.S., and the Florida Civil-law Notary shall be entitled to a hearing in accordance with the requirements of sections 120.57 and 120.569, F.S.

(e) A former Florida Civil-law Notary whose appointment has been finally revoked shall not be eligible to apply for a new appointment as a Florida Civil-law Notary for a period of at least five years.

(f) A Florida Civil-law Notary may voluntarily resign from an appointment by notifying the Department of State in writing at the above address of the intention to do so. Any voluntary resignation from an appointment as a Florida Civil-law Notary shall be permanent and the resigned Florida Civil-law Notary may only resume service as a Florida Civil-law Notary after successfully completing a new application and examination process.

History

Rulemaking Authority 118.10(5) FS. Law Implemented 118.10 FS. History–New 6-15-98, Amended 10-8-98, Formerly 1C-18.001.

Chapter 1N-7 REMOTE ONLINE NOTARIZATION

Fla. Admin. Code R. 1N-7.001 Remote Online Notarization

(1) Words and terms defined in Section 117.201, F.S., shall have the same meaning in this chapter. For the purpose of this chapter the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

(a) “Registrant” means any person registering applying as for an online public notary pursuant to Section 117.225, F.S.

(b) “Attached to or logically associated with” means the notary’s electronic signature is securely bound to the electronic document in such a manner as to make it impracticable to falsify or alter, without detection, either the signature or the document.

(d) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means.

(e) “Electronic notarization” and “electronic notarial act” means an official act authorized under Section 117.021(1), F.S., using electronic documents and electronic signatures.

(f) “Electronic Notary System” means a set of applications, programs, hardware, software, or technology designed to enable a notary to perform electronic notarizations.

(g) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document or record.

(h) “Unique to the notary public” means the notary’s electronic signature is attributable solely to the notary public to the exclusion of all other persons.

(i) “Retained under the online notary public’s sole control” means accessible by and attributable solely to the notary to the exclusion of all other persons and entities, either through being in the direct physical custody of the notary or through being secured with one or more biometric, password, token, or other authentication technologies in an electronic notarization system that meets the performance requirements of Sections 117.021(2) and (3), F.S.

(j) “Tamper-evident technology” means technology that allows a person inspecting a record to determine whether there has been any tampering with the integrity of a certificate of electronic notarial act logically associated with a record or with the attachment or association of the notarial act with that electronic document.

(2) A registrant shall submit form DOC 1N-7 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11541), effective 01/2020 herein incorporated by reference.

(3) The registrant shall:

(a) Submit a payment registration fee of $10 by check payable to the Florida Department of State; and

(b) Submit the application by:

U.S. mail to P.O. Box 6327, Tallahassee, FL 32314;
In person delivery; or
Courier service.
In person delivery and courier service will go to 2415 North Monroe St., Suite 810, Tallahassee 32303.

(4) A registration is effective upon filing by the Florida Department State and expires on the date of expiration, termination, or resignation of the registrant’s:

(a) Notary Public commission issued under Section 117.01, F.S.;

(b) Appointment as a civil-law Notary pursuant to Section 118.10, F.S., and Chapter 1N-5, F.A.C.; or

(5) All qualifications and registration requirements applicable for an applicant’s registration shall apply to a renewal registration.

(6) The online notary public’s electronic journal, electronic signature, and electronic seal shall be retained under the online notary public’s sole control. The online notary public may not allow another person to use the online notary public’s electronic journal, electronic signature, or electronic seal.

(7) An online notary public shall attach the online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.

(8) Online notaries public shall utilize remote online notary service providers to facilitate their performance of online notarization.

(9) The remote online service provider utilized by the online notaries public shall comply with the standards and requirements pursuant to Section 117.295, F.S., and utilize tamper-evident technologies.

History

Rulemaking Authority 117.295 FS. Law Implemented 117.225, 117.295 FS. History–New 2-16-20.

Fla. Admin. Code R. 1N-7.005 Online Notary Public and RON Service Provider Required Information

(1) Online notary public.

(a) Within 30 day of the effective date of this rule, a currently registered online notary public shall provide the Florida Department of State the name of the online notary public’s RON service providers, the effective dates during which the online notary public used each RON service provider, and, if applicable, the name of any secured repositories to which the online notary public may have delegated his or her duties pursuant to Section 117.245(4), F.S., from January 1, 2022, and thereafter.

(b) An individual registering as an online notary public, shall provide this information at the time of his or her registration.

(c) The online notary public shall submit this information on Form Number DS-DOC-50, titled “Online Notary Public: Required Information,” Effective 02/2022, which form is hereby incorporated by reference and is available on the Department of State’s website at https://dos.myflorida.com/sunbiz/other-services/notaries/notary-forms/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-14032.

(d) An online notary public that changes, adds, or removes a RON service provider or secured repository from the online notary public’s use shall submit to the Department within 30 days of the change an amended Form DS-DOC-50 identifying the online notary public’s updated RON service providers and, if applicable, secured repositories.

(2) RON service provider.

(a) Within 30 day of the effective date of this rule, and annually thereafter, a RON service provider shall provide the Florida Department of State, a self-certification form confirming that its audio-video communication technology and related processes, services software, data storage, or other services provided to online notaries public for the performance of online notarization satisfy the requirements of Chapter 117, F.S., and any rules promulgated by the Florida Department of State pursuant to Section 117.295, F.S.

(b) The RON service provider’s self-certification is effective for a period of 1 year after the date the RON service provider files it with the Department.

(c) If applicable, the RON service provider shall, at the same time it files its self-certification, identify any secure repositories to which the RON service provider may have delegated its duties pursuant to Section 117.245(4), F.S., from January 1, 2022, and thereafter.

(d) The RON service provider shall submit this information on Form Number DS-DOC-51, titled “RON Service Provider: Self-Certification and Required Information,” Effective 02/2022, which form is hereby incorporated by reference and is available on the Department of State’s website at https://dos.myflorida.com/sunbiz/other-services/notaries/notary-forms/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-14033.

(e) A RON service provider that, pursuant to Section 117.245(4), F.S., delegates its duties to a secured repository after it has already filed its annual certification shall submit to the Department an amended Form DS-DOC-51 within 30 days after making such delegation.

(f) An entity that seeks to begin providing RON service provider functions after the effective date of this rule shall submit the information required by this section prior to providing RON service provider functions.

History

Rulemaking Authority 117.295 FS. Law Implemented 117.245, 117.295 FS. History–New 2-22-22.

Division 1S Division of Elections

Chapter 1S-1 RULEMAKING

Fla. Admin. Code R. 1S-1.001 Numbering System

Library References: Waas, Strickland, and Kerns, Rulemaking Proceedings: Input, Challenge and Initiation, 53 Fla. Bar J. 541, 542 (October, 1979)

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.55(1)(c) FS. History–New 5-29-80, Formerly 1-1.01, Amended 10-1-84, 11-14-85, 4-10-90, 6-17-92, 4-1-96, 9-13-98, 6-20-02, Transferred to 1B-30.001.

Fla. Admin. Code R. 1S-1.0015 Definitions

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.55(1)(c) FS. History–New 9-2-93, Amended 4-1-96, Transferred to 1B-30.0015.

Fla. Admin. Code R. 1S-1.002 Style and Form for Filing Rules; Certification Accompanying Materials

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.54(3)(e)4., (6), 120.55(1)(c),(d), 403.8055 FS. History–New 5-29-80, Formerly 1-1.02, Amended 12-30-81, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 10-1-96, 9-13-98, 8-23-99, 6-20-02, Transferred to 1B-30.002.

Fla. Admin. Code R. 1S-1.003 Florida Administrative Weekly (FAW)

Library References: Belz, Agency Practice and Procedure: What Are They Up To, How Do You Know, and What Can You Do About It, 56 Fla. Bar J. 652 (July/Aug. 1982).

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.54(2), 120.55(1),(3) FS. History–New 5-29-80, Formerly 1-1.021, Amended 7-12-81, 12-30-81, 7-8-82, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 9-2-93, 4-1-96, 10-1-96, 9-13-98, 6-20-02, Transferred to 1B-30.003.

Fla. Admin. Code R. 1S-1.004 History Notes and Legal Citations

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.54(3) FS. History–New 5-29-80, Formerly 1-1.03, Amended 10-1-84, 11-14-85, 9-13-98, Transferred to 1B-30.004.

Fla. Admin. Code R. 1S-1.005 Incorporation by Reference

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.54(1)(i) FS. History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Transferred to 1B-30.005.

Fla. Admin. Code R. 1S-1.007 Uniform Indexing Procedures

Library References: Belz, Agency Practice and Procedure: What Are They Up To, How Do You Know, and What Can You Do About It, 56 Fla. Bar J. 652 (July/Aug. 1982).

History

Rulemaking Authority 120.54(1)(j) FS. Law Implemented 120.54(1)(j) FS. History–New 5-29-80, Formerly 1-1.06, Amended 2-9-84, 10-1-84, 11-14-85, 1-1-92, 9-13-98, Transferred to 1B-30.007.

Chapter 1S-2 ELECTIONS

Fla. Admin. Code R. 1S-2.0001 Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy

(1) Designation of Qualifying Office.

(a) The Department of State has designated the Division of Elections as the filing or qualifying office for candidates who must qualify with the Department of State. All qualifying items required to be filed with the Department of State shall be filed in hardcopy form with the Division of Election at its official physical location: Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Items may not be submitted via email or fax.

(b) Each supervisor or elections and other qualifying officer shall designate one or more specific official locations that will serve as a qualifying office and publish the address of each office on the qualifying officer’s website.

(2) Filing Timeline.

(a) Timely filing is of the essence in qualifying as a candidate. In order to be deemed timely filed with the qualifying office, qualifying items must actually be present at the qualifying office’s official physical location by the close of the qualifying period. Candidates who file with the Division of Elections are advised that the U.S. Postal Service does not deliver mail directly to the Division and the U.S. Postal Service’s designated hours for mail pick-up by the Division do not correspond to the qualifying deadline. To ensure that the items are timely received, it is advisable for candidates or someone on their behalf to hand-deliver directly to the qualifying office or use a delivery service that timely delivers directly to the qualifying office.

(b) Qualifying items shall be deemed filed with the qualifying office upon the date of actual receipt by the qualifying office, except for those qualifying items accepted and held during the 14-day period before the beginning of the qualifying period pursuant to Sections 99.061(8) and 105.031(6), F.S. The qualifying items that are received and held during the 14-day period before the beginning of the qualifying period shall not be deemed filed until the beginning of the qualifying period.

(3) Qualifying items.

(a) Qualifying items may be copies or contain copied portions of the originals.

(b) A current full and public disclosure of financial interests or statement of financial interests, as applicable, or receipt of such filing with the Florida Commission on Ethics, that covers the immediately preceding calendar or tax year and is on the applicable Florida Commission on Ethics’ form for that year. For example, for a qualifying period that occurs in 2024, the current full and public disclosure or statement of financial interests form would be one that covers the 2023 calendar or tax year.

(c) The following qualifying forms are hereby incorporated by reference and are available by hyperlink below, or from the Division of Elections at: R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or (850)245-6200; or by download from the Division’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/:

DS-DE 9 (09/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15784), entitled, “Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates.”
DS-DE 301A (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15776), entitled, “Candidate Oath – State and Local Partisan Office – With Party Affiliation.”
DS-DE 301B (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15775), entitled, “Candidate Oath – State and Local Partisan Office – Without Party Affiliation.”
DE-DE 301C (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15774), entitled, “Candidate Oath-State and Local Partisan Office-Write-In Candidate.”
DS-DE 305A (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15968), entitled, “Candidate Oath – Committeemen and Committeewomen.”
DS-DE 305B (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15968), entitled, “Candidate Oath – Committeemen and Committeewomen - District.”
DS-DE 305C (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15969), entitled, “Candidate Oath – Committeemen and Committeewomen - Precinct.”
DS-DE 302NP (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15780), entitled, “Candidate Oath – Nonpartisan Office.”
DS-DE 304SB (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15782), entitled “Candidate Oath – School Board Nonpartisan Office.”
DS-DE 303JU (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15783), entitled, “Candidate Oath – Judicial Office.”
DS-DE 300A (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15778), entitled “Candidate Oath – Federal Office ‒ With Party Affiliation.”
DS-DE 300B (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15781), entitled, “Candidate Oath – Federal Office – Without Party Affiliation.”
DE-DE 300C (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15777), entitled, “Candidate Oath – Federal Office – Write-In Candidate.”
DS-DE 306WP (10/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15779), entitled, “Candidate Oath – Write-In for President and Vice President.”

(4) Candidate withdrawal. A candidate may withdraw his or her candidacy by submitting a document specifying the candidate’s withdrawal from the particular public office he or she seeks to the qualifying office before which he or she qualifies (or has qualified) by mail, facsimile, email, photocopy, scanned copy or other type of electronic transmission that contains the signature of the candidate. The withdrawal is not effective until it is received by the qualifying office.

History

Rulemaking Authority 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022 FS. Law Implemented 20.05(1)(b), 99.021, 99.061, 99.095, 103.022, 105.031(1), 105.035 FS. History–New 12-6-84, Formerly 1C-7.001, 1C-7.0001, Amended 2-13-90, 11-7-10, 9-7-11, 1-1-14, 1-2-18, 8-25-21, 11-13-23, Superseded by 1SER26-1, 4-2-26, Superseded by 1SER26-2, 4-8-26, Superseded by 1SER26-3, 7-8-26.

Fla. Admin. Code R. 1S-2.0011 Constitutional Amendment Ballot Position

(1) The Director of the Division of Elections shall assign in the following manner a designating number to any proposed revision or amendment to the State Constitution for placement on the general election ballot:

(a) The ballot position of each proposed revision or amendment shall correspond to the designating number assigned by the director. A designating number may not be assigned to a constitutional amendment by initiative until the Secretary of State has issued a certificate of ballot position in accordance with Section 100.371, F.S.

(b) All revisions submitted by a revision commission or constitutional convention shall be considered to be one set, but each individual revision received shall be assigned a designating number in the manner and order determined by the convention or commission. Revisions shall be titled and designated as such together with the assigned designating number. For example, the set of revisions would begin with No. 1, Constitutional Revision.

(c) Amendments submitted by the Florida Legislature or proposed by initiative shall be titled and designated as an amendment with the assigned designating number. For example, the amendment designation would be No. 2, Constitutional Amendment.

(d)1. Revision proposals and proposed amendments shall be assigned designating numbers in consecutive ascending numerical sequence in the order of:

a. Receipt by the Secretary of State, or his or her designee, of the constitutional convention or commission revision proposal,

b. The filing of the legislative resolution containing the proposed amendment with the Division of State Library, Archives and Records Services, or

c. The Secretary of State’s certification of ballot position of a constitutional amendment proposed by initiative.

Initiative amendments filed on the same date shall be assigned the number received in a random drawing of lots containing the remaining available designating numbers.

(2) No later than February 2 of the election year, the Director of the Division of Elections shall assign and post the designating numbers for proposed amendments or revisions to the constitution that have been properly filed by February 1 of the year the general election is held. Thereafter, through the 91st day prior to the election, the Division shall assign and post designating numbers within 24 hours after a joint resolution or proposal for amending or revising the constitution from a revision commission, constitutional convention, or taxation and budget reform commission is filed with the Secretary of State.

(3) In the event a proposed revision or amendment is removed or stricken from the ballot subsequent to its attaining ballot position and being assigned a designating number, all other proposals shall retain the number assigned. The designating number of the stricken proposal shall not be reused, unless that proposal is reinstated.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.161(2) FS. Law Implemented Art. XI, Fla. Const., 100.371, 101.161 FS. History–New 8-9-78, Amended 4-17-79, Formerly 1C-7.011, 1C-7.0011, Amended 3-16-06, 10-15-07, 6-22-10.

Fla. Admin. Code R. 1S-2.002 Placement of Races on Primary Ballots

History

Rulemaking Authority 101.015 FS. Law Implemented Article VI, Section 5(b) of the Florida Constitution, History–New 10-22-00, Amended 10-29-03, Repealed 3-6-16.

Fla. Admin. Code R. 1S-2.0031 Write-in Procedures

History

Rulemaking Authority 101.5608(3), (4) FS. Law Implemented 101.5608, 101.5614, 103.022 FS. History–New 12-20-82, Formerly 1C-7.031, Amended 7-7-86, Formerly 1C-7.0031, Amended 7-28-02, Repealed 3-6-16.

Fla. Admin. Code R. 1S-2.004 Purchase, Sale, and Uses of Voting Equipment and Systems

(1) Purpose. This rule provides uniform policies, procedures and best practices for the purchase, sale, and use of voting equipment or system including assessments of certified voting systems and beta testing of pre-certified modifications to certified voting systems.

(2) Definitions. The terms herein have the following meaning:

(a) “Beta Test” means any activity that assesses a change or modification to a county’s certified voting equipment or system in preparation for the state’s formal certification or approval process.

(b) “Division” means the Division of the Florida Department of State.

(d) “Purchase” refers to a contract to buy, lease, rent, or acquire voting equipment or system.

(e) “Sale” refers to a contract to sell or otherwise dispose of voting equipment or system in return for a valuable consideration.

(f) “Voting equipment” is defined as set forth in Section 101.292(2), F.S.

(g) “Voting system” is defined as set forth in Section 97.021(44), F.S.

(3) Regulations for Purchase.

(a) Competitive Solicitation Process.

When the individual or combined total purchase or sale price of voting equipment or system exceeds the threshold amount for Category Two purchases under Section 287.017, F.S., the governing body shall follow the applicable local procurement policies, procedures and rules for competitive solicitation to the extent not otherwise addressed in this subsection.
If the governing body determines, pursuant to Section 101.293, F.S., that an emergency situation exists or that there is only a single source available for the voting system or equipment, the chair of the governing body shall certify the situation and conditions for the exception to the Division within 10 days of the governing body’s approval to acquire the equipment or system outside the competitive solicitation process and any requirements in this subsection.
The governing body shall enter all bids, tabulations of bids, and responses related to bids in a permanent record and maintain the record for public inspection upon request, subject to exemptions or restrictions under applicable public records and copyright laws.

(b) Notice of Bid. The governing body shall provide notice to the Division of all invitations to bid for the purchase of new or used voting equipment or system subject to this subsection.

Name and address of governing body.
Date of issuance.
Required time, place and terms of delivery and any other delivery conditions.
Date, hour and place of opening bids.
Surety requirements, if any.
Quantity of voting equipment or system to be furnished under each item.
Any specifications or other description establishing the capability of such voting equipment or system including its compliance with Section 101.5606, F.S.
A statement that the voting equipment or system must be certified under the Florida Election Code prior to its acquisition or purchase.
A statement that the governing body reserves the right to reject any and all bids.
A statement that the bidder must indicate any cash discounts or terms of discounts provided if the bid is accepted.
A statement that the bidder must include all costs for delivery, storage, freight and packing to the address on the bid invitation unless otherwise specified.
Any other general conditions or special provisions that the bidder must meet or that are otherwise required by the governing body.

(d) Deliveries. All deliveries of purchased equipment shall be subject to inspection at time of delivery and require written certification by the vendor of proper delivery.

(e) Acceptance. The Supervisor of Elections shall forward to the Division a copy of the vendor certification required by Section 101.294, F.S.

(f) Notice of Rejection. A governing body or supervisor of elections may reject a voting equipment or system that fails in any respect to meet the standards for certification under state law, that fails to meet the specifications upon which the award was based or representations of the vendor, or that is defective. Notice of any rejection, based on defects that would be disclosed at the time of delivery or by ordinary methods of inspection, will be given to the supplier and the carrier within 10 days after delivery of the item(s). Notice of latent defects that would make the items unfit for the purpose intended may be given by the governing body or Supervisor of Elections any time after acceptance.

(4) Sale of Voting Equipment and Voting System.

Each governing body or Supervisor of Elections shall certify in writing to the Division the anticipated terms of the sale of voting equipment or system and that the sale will not adversely affect the Supervisor of Elections or the governing body’s duties under federal or state law to comply with or perform as pertains to elections.

(5) Uses of voting equipment or system.

(a) Routine use. No equipment or software may be used with a voting system unless listed within the voting system’s current certification or earlier version, or a configuration defined within the voting system’s documentation. Critical elements of the voting system may be replicated to serve as a backup system. Critical elements include the software and database modules that comprise the election management system. Unmodified commercial-off-the-shelf (COTS) items may be replaced with like-kind items upon written concurrence from the voting system vendor and the Division. A vendor’s uniquely qualified COTS that must comply with the vendor’s Florida certification may not be replaced with like-kind items.

(b) Improvement to the election process. A certified system may be used in any manner approved by the vendor in an effort to improve the election process. However, any deviation from the documented procedures or manual for use and operation of the voting system must be approved in writing by the Division and notice provided to the vendor. Such documentation may be in the form of user notes, technical bulletins, or other suitable format.

(c) Training and education. A voting system may be used for training or educational purposes, provided security procedures include backup and sufficient safeguards to protect the database(s) and software from inadvertent or intentional corruption.

(d) Assessment. A Supervisor of Elections or a governing body may use a certified voting system in an assessment to examine or evaluate the system’s security procedures, access control, system reliability and accuracy. The Supervisor of Elections shall implement appropriate procedures. A duplicate or backup voting system in lieu of a live system shall be used in any assessment whenever practicable.

An assessment may be conducted as a routine test, a system audit or an examination of the functionality of the software and firmware, including penetration testing. An assessment may also be conducted to identify or detect or to further examine any identified or detected potential or actual deficiency, problem, vulnerability or flaw in a certified voting system that relates to its hardware, software, design, operation, vote tabulation, access control, system reliability and accuracy, or security including the potential for unauthorized manipulation and fraud. If a potential or actual deficiency, problem, vulnerability is identified or detected, the Supervisor of Elections must notify the Division and the affected vendor in writing no later than 10 days regardless of whether an assessment is conducted. The notice must include a description of the actual or proposed process to replicate, correct or mitigate the deficiency, problem, vulnerability or flaw.
Although the Supervisor of Elections is responsible for the conduct of an assessment, he or she may use the services of an independent professional person or entity. The services of an appropriate skill assessment team who are educated and experienced in assessments and whose credentials have been approved by the governing body may be used.
The Supervisor of Elections shall notify in writing the Division of its intent to conduct an assessment and include a test plan.
No assessment may be conducted within 45 days of a special, primary, general or presidential preference primary election.
Subject to minimum security standards for voting systems and the public records and copyright laws, the assessment of the voting system shall be conducted in public, and on location in the county of the respective Supervisor of Elections. The Supervisor of Elections shall publish on his or her official website, 14-day advance notice of the scheduled assessment. The supervisor shall also notify the vendor(s) of the certified voting system or equipment components affected by the test or assessment.
The Division may be present at the assessment or have access, in accordance with authority under Section 101.58, F.S.
The Supervisor of Elections shall ensure that the process and results of the assessment are documented. A written report shall be submitted to the Division no later than 20 days after the assessment is completed. The report shall include any recommendations for addressing any identified potential or actual deficiency, problem, vulnerability, or flaw. The Supervisor of Elections shall also flag all information in the report that is confidential and exempt under the public records law or otherwise protected under the copyright laws in a separate addendum to the report.
A copy of the report shall also be provided to the vendor(s) whose equipment or system was the subject of the assessment. The vendor(s) of the voting equipment or system affected by the assessment has 10 days from receipt of the assessment report to respond in writing to the Supervisor of Elections, the governing body and the Division.
The Supervisor of Elections shall develop and implement all available security procedures to correct or mitigate any adverse effect resulting from a deficiency, problem, flaw or vulnerability identified or detected by the assessment report.
After review of the report and vendor’s response, the Division shall conduct, as needed, further studies, issue technical advisories to the supervisors of elections and the governing body regarding the results of the assessment, implement revised or new minimum security standards pursuant to Section 101.015(4), F.S., relating to the voting system, and determine if changes to the systems need to be made for subsequent certification.

(e) Beta testing. A Supervisor of Elections may conduct a beta test of non-certified voting equipment or system. A beta test can use a certified system, but the certified system needs to be imaged and reinstalled after the beta test. A system image is a copy of the entire state of a computer system stored in a non-volatile location.

The Supervisor of Elections shall provide written notice to the Division of its intent to conduct a beta test and include a test plan. The test plan must include, at a minimum, information about how or whether the new voting equipment or system or a certified voting equipment or system is being altered for purposes of the beta-test. The test plan must also include provisions that comply with the public records and copyright laws.
The Division of Election will review the test plan before the beta test is conducted. The Division does not need to approve the test plan if secondary hardware units will be used to conduct the assessment.
A beta test may not be performed within 45 days of a special, primary, general or presidential preference primary election.
The Supervisor of Elections shall ensure that the process and results of the beta test are documented. After completion of the beta test, a written report must be submitted to the Division and the vendor(s) whose voting equipment or system was beta tested. The test report shall include any recommendations for addressing any identified potential or actual deficiency, problem, vulnerability, or flaw. The Supervisor of Elections shall also flag all information in the test report that is confidential and exempt under the public records law or otherwise protected under the copyright laws in a separate addendum to the report.

(6) Notice of issues.

At any time during the purchase, sale, or use of voting equipment or voting system, a Supervisor of Elections or the governing board discovers that the equipment or system fails in any respect to meet the standards for certification under state law or fails to meet the specifications upon which a contract, agreement or other written representation was based, the Division shall be notified in writing.
A vendor of a certified voting system shall immediately notify the Division of any condition that may cause the vendor’s product to fail in any respect to meet the standards for certification of voting equipment or system under state law.
The Division shall notify Supervisors of Elections when a certified voting equipment or voting system fails in any respect to meet the standards for certification under state law or when it has identified a potential or actual deficiency, problem, vulnerability or flaw identified or detected in a certified voting system that relates to its hardware, software, design, operation, vote tabulation, access control, system reliability and accuracy, or security. Such notice may be in the form of a technical advisory or bulletin, or other suitable format.

(7) Vendor Lists Maintained. The Division shall maintain on its website a current list of vendors for certified voting equipment and systems in the State.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.293(2), 101.294 FS. Law Implemented 97.012(5), 101.015(7), 101.017, 101.292, 101.293, 101.294, 101.295, 101.5604, 101.5605(3)(b), 101.5605(4), 101.5607(1)(c), 101.58 FS. History–New 12-20-73, Amended 1-19-74, Repromulgated 1-1-75, Amended 5-20-75, Formerly 1C-7.04, Amended 7-7-86, Formerly 1C-7.004, Amended 1-2-12.

Fla. Admin. Code R. 1S-2.005 Restrictions on Use of State Owned Aircraft

History

Rulemaking Authority 106.22(9) FS. Law Implemented 106.15 FS. History-New 12-17-73, Repromulgated 1-1-75, Formerly 1C-7.05, 1C-7.005, Repealed 2-5-92.

Fla. Admin. Code R. 1S-2.006 Electronic or Electromechanical Voting System Equipment Regulations; Certification of Systems

History

Rulemaking Authority 101.5607 FS. Law Implemented 101.5605, 101.5606 FS. History-New 1-19-71, Repromulgated 1-1-75, Amended 5-27-85, Formerly 1C-7.06, 1C-7.006, Repealed 5-28-90.

Fla. Admin. Code R. 1S-2.007 Requirements of Counties Before Approval of Electronic or Electromechanical Voting Systems

History

Rulemaking Authority 101.294 FS. Law Implemented 101.293 FS. History-New 8-17-74, Repromulgated 1-1-75, Formerly 1C-7.07, 1C-7.007, Repealed 12-30-01.

Fla. Admin. Code R. 1S-2.008 Random Sampling Procedure for Petition Signature Verification

(1) The procedures provided herein establish a uniform system through the state to be utilized by each supervisor of elections in verifying signatures on petitions by means of a statistically based random sampling method in lieu of actual verification of each signature.

(2) All signatures to be verified shall be on petition cards as prescribed by the Division of Elections of the Department of State having the signee’s name plainly and legibly printed there, his/her residence address, precinct number, and such other information as may be required.

(3)(a) A random sampling verification process shall not be utilized for the purpose of petition signature verifications by a county supervisor of elections unless the total number of signatures submitted to that supervisor is equal to or exceeds one hundred and fifteen percent (115%) of the number required to attain ballot position.

(b) In the case of a multi-county district and statewide office, each supervisor receiving petitions shall promptly notify the Division of Elections of the number of petition signatures submitted to that supervisor. Upon receipt of such notification from all supervisors concerned, the division shall determine if the total number of signatures submitted district or statewide as the case may be is equal to or exceeds the one hundred and fifteen percent (115%) requirement.

(4) For the purpose of this rule the following terms shall be defined as follows:

(a) “Verify” means the comparing of a person’s signature with the registration records of the appropriate supervisor of elections to determine if that person is a duly registered elector qualified to sign the petition card submitted and be counted as a valid signature.

(b) “Petition card” means that form prescribed by the division on which signatures are to be placed for the purpose of placing a candidate or issue on the ballot.

(d) “Minimum number of signatures required” means that number of verified signatures of qualified electors corresponding to that percentage of the total number of electors of a given geographical area required by statute to be met in order to place a candidate or issue on the ballot; hereinafter designated as R.

(e) “Number of signatures submitted” means the total number of petition signature cards containing a signature submitted to a supervisor of elections for the purpose of verifying the status of the person whose signature is on the card; hereinafter designated as N.

(f) “Maximum allowable error rate” means that number calculated by the formula

N-R and designated as MAX.

(g) “Sample size” means that number determined from table 1 and designated as n.

(h) “Table” means those random sampling tables prepared and published by the division for use in accordance with the procedures contained herein.

(i) “Random number tables” means those random number tables reproduced by the Division of Elections with the permission of the Rand Corporation from a publication entitled “A Million Random Digits With 100,000 Normal Deviates,” Glencoe Free Press Division of the MacMillan Company, New York, 1955.

(j) “Sample proportion of invalid signatures” means that number calculated by the formula

Total number of invalid signatures

Number of cards checked

and designated as P.

(k) “Lower limit” means that number calculated by the formula P - e (where e is the error determined from tables 4-53) and designated as L.

(l) “Upper limit” means that number calculated by formula P + e (where e is the error determined from tables 4-53) and designated as U.

(m) “Select random numbers” means the process of utilizing random number tables to select the appropriate quantity of random numbers in a consistent manner by selecting consecutively from any column continuing through the rows of numbers in either ascending or descending order utilizing a consistent number of digits computed from either the right or left extreme digit to correspond to the largest number of digits of a petition form numerical designation.

(n) “Invalid signature” means those signatures of persons determined by the supervisor not to be electors qualified to sign the petition card submitted.

(5) In the case of a single county determination, the following procedural steps are to be used in the process of determining if a sufficient number of signatures have been submitted by means of a random sampling method.

(a) Step One. Determine the minimum number of signatures required.

(b) Step Two. Determine the number of signature cards submitted. Number each card beginning with 1 and continuing consecutively to N. If less than 100 signatures are submitted, random sampling procedures cannot be utilized and each must be individually checked.

(d) Step Four. Use table 1 to determine the sample size.

(e) Step Five. Select random numbers from the random number table and separate those petition signature cards having numbers corresponding to those random numbers selected until 100 cards have been selected.

(f) Step Six. Verify those 100 signatures and determine the number of invalid signatures.

(g) Step Seven. Calculate the sample proportion of invalid signatures.

(h) Step Eight. Use table 4 to determine the error (e) by selecting the row corresponding to the number of signatures submitted and the column corresponding to the sample proportion of invalid signatures. The intersection of these is the error.

(i) Step Nine. Calculate the lower and upper limits.

(j) Step Ten. If MAX is greater than U the petition should be accepted as satisfying the statutorily required number of signatures. Reject the petition for failing to have sufficient signatures if MAX is less than L. In the event MAX lies between U and L, sampling must continue.

(k) Step Eleven. Sampling continues in increments of 100 cards (see tables 4-53) and using steps five through ten until a decision can be made in step ten, or until the number of cards verified equals the same sample size at which time table 2 is used. If a decision cannot be made at this time all cards must be individually verified.

(6) In the case of multi-county districts the following procedural steps are to be used in the process of determining if a sufficient number of signatures has been submitted by means of a random sample method.

(a) Step One. Determine the number of required petition signatures for the entire district from the numerical list of registered voters in each district by county compiled and distributed by the division.

(b) Step Two. Use table 3 to determine the percentage of the number of petitions submitted in the county to be sampled.

(d) Step Four. Multiply the number of signatures submitted by the percentage determined in step two to determine the number of signatures to be sampled (n).

(e) Step Five. Select n random numbers and separate those petition cards whose numbers correspond to the random numbers selected.

(f) Step Six. Verify the signatures on the cards separated in step five and determine the number of invalid signatures.

(g) Step Seven. Transmit to the division the number of signatures submitted, signatures sampled, and invalid signatures.

(h) Step Eight. The division shall compile the information submitted by each supervisor and determine if the total number of required signatures has been submitted from the district.

History

Rulemaking Authority 99.097(1)(b) FS. Law Implemented 99.097 FS. History–New 7-25-78, Formerly 1C-7.08, 1C-7.008.

Fla. Admin. Code R. 1S-2.0081 Petition Criteria

History

Rulemaking Authority 189.405 FS. Law Implemented 97.012(1) FS. History-New 10-3-90, Repealed 7-9-00.

Fla. Admin. Code R. 1S-2.009 Constitutional Amendment by Initiative Petition; Form Approval; Circulation

(1) Forms. All forms referenced herein are incorporated by reference and are available online on the Division of Elections’ website at https://www.dos.myflorida.com/elections under the header for forms, through the rule as adopted under www.flrules.org, or from the Florida Department of State, Division of Elections, Room 316, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, 32399-0250, (850)245-6200.

(2) Initiative Petition Approval Process.

(a) Submission. Before a petition to place a proposed amendment to the Florida State Constitution on the ballot by initiative can be circulated for signatures, the sponsoring political committee must receive approval of the initiative petition from the Secretary of State. The sponsoring committee shall email a written request that includes the proposed language to DivElections@DOS.MyFlorida.com.

(b) Requirements.

The Secretary of State shall review the initiative petition form solely for sufficiency of the format and shall render a decision within seven (7) days following receipt.
The proposed language submitted by the sponsoring political committee shall consist of the following:

a. The ballot title, which shall not exceed 15 words.

b. The ballot summary, which shall not exceed 75 words.

c. The article and section being created or amended in the Florida State Constitition. For each existing article and/or section being amended, the langugage shall be in the format “Amends Article [insert number], Section [insert number].” The article and section number provided must correspond to an existing section of the Constitution and must correspond with the full text of the proposed amendment. For each article and/or section being created, the language shall be in the format, “Creates Article [insert], New Section”.

d. The full text of the amendment being proposed. If the proposed constitutional amendment amends an existing section or sections, the full text shall include the entire existing text of the section or sections being amended. Text that is being inserted into the Constitution shall be notated with an underline, and text that is being deleted shall be notated with a strike through.

Word Count. The following provisions apply to determine the word count for a ballot title and summary:

a. Hyphenated compound words count as two or more words.

b. A plus or minus sign shall count as one word.

c. Punctuation such as commas, periods, hyphens, question marks, parentheses, quotation marks or exclamation points, does not affect the word count.

d. Each word joined by a forward or back slash to another word counts separately as a word.

e. Each part of a date counts as one word. Example: January 1, 2025 shall count as three words.

f. Each word in a name is individually counted. Example: George Washington shall count as two words.

g. Each whole number shall count as a word.

h. Spaces do not affect the word count.

Upon approval of the format of an initiative petition, the Secretary of State shall assign a serial number to the petition. The serial number shall begin with the last two digits of the calendar year in which the petition form is approved followed by a number in numerical sequence. For example, the first petition form approved in 2021 is assigned the serial number 21-01. The serial number assigned and approval date will be printed in the designated location on the forms as described below.
Upon assignment of a serial number, the Division shall include, in the designated spaces:

a. On Consitutional Amendment Initiative Petition Forms: the ballot title, ballot summary, serial number and date approved, and name and address of the sponsoring committee on Form DS-DE 155A (http://www.flrules.org/Gateway/reference.asp?No=Ref-13556, effective 10/2021) entitled “Constitutional Amendment Initiative Petition Form – Volunteer.” An electronic copy in PDF format, suitable for use by volunteers or directly by voters, shall be provided to the sponsoring political committee and made available on the Division’s website. Paid petition circulators, as defined below, will obtain their forms, Form DS-DE 155B (http://www.flrules.org/Gateway/reference.asp?No=Ref-13557, effective 10/2021) entitled “Constitutional Amendment Initiative Petition Form – Circulator” directly online in PDF format once they are registered with the Division pursuant to subsection (6).

b. On Constitutional Amendment Full Text Forms: the ballot title, ballot summary, article and section being created or amended, full text of the proposed amendment, serial number and date approved, and name and address of the sponsoring committee on a supplemental Form DS-DE 156 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13558, effective 10/2021) entitled “Constitutional Amendment Full Text.” An electronic copy shall be provided to the sponsoring political committee and made available on the Division’s website. If the full text of the proposed amendment fits on a single page, it shall be clearly indicated with page numbers in the following format: Page 1 of 1” as indicated on the DS-DE 156 form. If the full text of the proposed amendment does not fit on a single page, the language can extend onto the reverse side of the paper or onto multiple sheets of paper. In such a case, the box entitled “Initiative Information” shall appear at the bottom of each page. In addition, it shall be clearly indicated that the form is multiple pages in length with page numbers in the following format: “Page [current page] of [total number of pages]” as indicated on the DS-DE 156 form. Wherever the DS-DE 155A or DS-DE 155B forms are circulated for signature, a copy of the full text of the associated proposed amendment on DS-DE 156 shall also be provided or displayed to show the voter before signing the petition.

(3) Changes. Any change to a previously approved petition form shall be submitted to the Secretary of State for review. No person or entity other than the sponsoring political committee of the previously approved petition form can submit a change or changes to the previously approved petition form. The Secretary of State must approve any material change to a previously approved petition form. A material change constitutes a change in the wording of the text of the proposed amendment, the ballot title, or ballot summary, or a change in punctuation or layout, or a change in the name of the sponsoring political committee. Any material change submitted for approval to a previously approved initiative petition constitutes a request for approval of a new petition form and shall be assigned a different serial number upon approval by the Secretary of State. Upon assignment of the new serial number, the old serial number shall be deactivated, and the forms bearing that serial number shall no longer be valid for circulation and collection of signatures.

(4) Translation. A translation into another language does not constitute a material change to an initiative petition form. The sponsoring political committee is responsible for ensuring that if translated into another language, the translation must not add or subtract from the approved English language and format of the petition and its blank entries.

(5) Reproduction. Subject to the requirements of Section (2), petition forms may be reproduced in newspapers, magazines, and other forms of printed mass media, made available through the internet for download printing, or mailed, emailed, or faxed directly to voters, provided such forms are reproduced in the same format as approved by the Secretary of State. The petition forms may be included within a larger advertisement, provided the forms are clearly defined by a solid or broken line border.

(6) Petition Circulators.

(a) Paid Petition Circulator. An individual who collects signatures for compensation for the purpose of qualifying a proposed constitutional amendment for ballot placement is herein referred to as a “paid petition circulator.” A paid petition circulator must register online with the Division of Elections through the Division’s petition circulator portal at https://dos.elections.myflorida.com/InitiativePetitions/InitiativePetitionsPublic.

The paid petition circulator must provide his or her name, permanent address, temporary address, if applicable, and date of birth. Additionally, if the permanent address is not a Florida address, the paid petition circulator must provide a Florida address at which the circulator will accept service of process. The paid petition circulator must select each approved initiative petition for which the circulator is being paid to collect signatures. The paid petition circulator must email the Division of Elections at DivElections@DOS.MyFlorida.com with any changes to name, permanent address, and temporary address that occur subsequent to initial registration.
The Division of Elections shall assign a login account. The paid petition circulator shall be assigned a unique paid petition circulator registration number. If the petitions for which the petition circulator is registered are closed, and the petition circulator is no longer registered for any petitions, the Division will notify the petition circulator via the email address used by the paid petition circulator to register and inquire of the circulator’s intent to remain registered. If the Division does not receive a response from the paid petition circulator within 10 days, the paid petition circulator’s online registration will expire. The paid petition circulator may re-register at any time.
Once registered, a paid petition circulator can obtain electronic copies of DS-DE 155B and DS-DE 156 forms from the Division by logging into the petition circulator portal available on the Division’s website. The portal will provide each petition circulator with electronic copies of DS-DE 155B forms in PDF format that provides the circulator’s information in the designated spaces on the form. The DS-DE 155B petitions provided to the circulator will be uniquely marked for that circulator. The circulator is then responsible for producing physical copies from the electronic file.

(b) Volunteer Petition Circulators. All other individuals who collect signatures, but not for compensation, for the purpose of qualifying a proposed constitutional amendment for ballot placement are not required to register with the Division of Elections. Volunteer circulators shall circulate the DS-DE 155A form, as provided to the sponsoring political committee or downloaded and printed from the Division of Elections’ website.

(7) Submission of Signed Petition Forms. All signed petition forms shall be returned to the sponsoring political committee. Only the sponsoring political committee shall submit the signed petition forms to the Supervisors of Elections for verification of signatures in accordance with Rule 1S-2.0091, F.A.C.

(8) Pursuant to Section 100.371(9), F.S., the petition sponsor shall account for all petition forms turned in by their agents. Such accounting shall be provided upon request to the Division of Elections.

(9) Effect on Previously Approved Petition Form.

(a) For volunteer petition circulators, any petition form approved by the Secretary of State prior to the effective date of this rule may continue to be used and circulated for signature gathering unless a material change, as defined above in subsection (3), to the previously approved petition form has been approved by the Secretary of State or until the sponsoring political committee notifies the Secretary of State that the committee is no longer seeking to obtain ballot position, or the registration of the sponsoring political committee has been revoked in accordance with Rule 1S-2.021, F.A.C.

(b) For forms circulated by paid petition circulators, a signature gathered on or after October 1, 2021, the effective date of this rule, may only be verified by a Supervisor of Elections in accordance with Rule 1S-2.009, F.A.C., if the signature is on Form DS-DE 155B, the paid petition circulator has signed the Petition Circulator’s Affidavit, and the paid petition circulator was validly registered with the Division of Elections when the signature was obtained.

History

Rulemaking Authority 20.10(3), 97.012(1), 100.371(2), (7), 101.161(2) FS. Law Implemented 100.371, 101.161 FS. History–New 7-2-79, Formerly 1C-7.09, Amended 7-7-86, Formerly 1C-7.009, Amended 3-5-96, 7-31-02, 3-16-06, 10-15-07, 10-13-08, 5-21-14, 10-1-21.

Fla. Admin. Code R. 1S-2.0091 Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification

(1) Application and Forms. The process in this rule applies solely to constitutional amendments proposed by initiative. The form referenced herein is incorporated by reference and is available online on the Division of Elections’ website at https://www.dos.myflorida.com/elections under header for forms, through the rule as adopted under www.flrules.org, or from the Florida Department of State, Division of Elections, Room 316, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, 32399-0250, (850)245-6200.

(2) Submission.

(a) Signed initiative petition forms proposing amendments to the Florida Constitution shall be submitted by the sponsoring political committee (hereinafter “petition sponsor”) to the Supervisor of Elections for the county of residence listed by the person signing the form.

(b) If a form submitted by a paid petition circulator is not timely submitted within 30 days after the voter signs the form, the petition sponsor is liable for the fines set forth in Section 100.371(7)(a)1. and 2., F.S. If the 30th day falls on a weekend, holiday, or other day on which the Supervisor of Elections office is closed, the petition form must be delivered to the Supervisor of Elections by the following business day. Supervisors shall submit copies of untimely filed petitions filed by paid petition circulators to the Division of Elections via file utility transfer utilizing the Supervisor of Elections portal. The Division will then review and provide notification to petition sponsors and impose statutory fines. The untimely filing of a form does not invalidate the signature on the form.

(c) If the Supervisor of Elections determines that the signer of the petition is a registered voter in another county, the Supervisor of Elections shall notify the petition sponsor that the petition has been misfiled. It is the responsibility of the petition sponsor thereafter to ensure that the misfiled petition form is properly filed with the Supervisor of Elections for the county in which the signer is a registered voter. In the case of a misfiled petition by a paid petition circulator, the filing date of the petition is the date such petition is filed with a Supervisor of Elections. The petition sponsor shall make all reasonable efforts to file in the the proper county. The initially receiving Supervisor of Elections shall submit copies of any untimely filed forms to the Division, as may be necessary pursuant to subsection (b), above, and notate the forms so as to alert the subsequent receiving Supervisor of Elections that the forms have been previously received and reported as untimely.

(d) For petition forms submitted less than 60 days before February 1, of an even-numbered year, the petition sponsor shall ensure that the forms are bundled or separated in some manner by circulator prior to submitting the forms to the Supervisor of Elections.

(3) Signature Verification.

(a) In accordance with the signature verification fee provisions in Sections 99.097(4) and 100.371(11)(b), F.S., the Supervisor of Elections for the county in which the signee is a registered voter shall verify the signatures on each initiative petition form within 60 days, except for a petition form submitted less than 60 days before February 1 of an even-numbered year, which must be verified within 30 days, after receipt of the form to ensure that the petition signer:

Was, at the time of signing and verification of the petition, a registered voter in the state,
For petition forms signed prior to April 8, 2020, has not signed the petition form more than two years prior to the date the Supervisor verified the petition. For petition forms signed on or after April 8, 2020, has not signed the petition form more than two years prior to the next February 1 occurring in an even-numbered year, and
Had not ever previously signed a petition form containing the identical initiative which had been verified as valid.

(b) The Supervisor shall not verify as valid a signature on an initiative petition form unless the petition is on the proper form prescribed by the Division of Elections as specified in Rule 1S-2.009, F.A.C. and all of the following information is contained on the petition form:

The voter’s name,
The voter’s address (including city and county),
The voter’s date of birth or voter registration number,
The voter’s original signature,
The date the voter signed the petition, as recorded by the voter, and
For forms circulated by a paid petition circulator, a signed Petition Circulator’s Affidavit as required by Section 100.371(5), F.S. Additionally, the paid petition circulator must have been registered with the Division of Elections to collect petitions on the date of the voter’s signature.

(4) Random Sampling Not Permitted. Supervisors of Elections may not use random sampling as a method for verifying signatures on constitutional amendment initiative petitions.

(5) Recordation of Verification.

(a) After completing the signature verification process pursuant to subsection (3), the Supervisor of Elections shall report to the Division of Elections the following information:

The assigned serial number for the applicable initiative petition,
The date the signature was verified,
The number of valid verified signatures, by congressional district in the county,
The number of invalid signatures, and
For forms gathered by a paid petition circulator, the circulator’s registration number.

(b) This information shall be submitted to the Division via data entry on the Supervisor of Elections application portal no later than 60 days after receipt of the petition by the Supervisor of Elections and payment of the fee for signature verification, except that for petition forms submitted less than 60 days before February 1 of an even-numbered year, the information must be submitted within 30 days after receipt and payment.

(6) Complaints. Any person claiming to have had his or her signature on an initiative petition form misrepresented, forged, or not delivered to a Supervisor of Elections shall use Form DS-DE 153 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13555, eff. 10/2021), entitled “Form for Complaint Against Petition Circulator” to file the complaint with the Division.

(7) Filing Deadline. In order for the initiative petition to be timely filed for appearance on the ballot for the next general election, the constitutionally requisite number of verified signatures must be verified and reported to the Division no later than 5:00 p.m. on February 1 of the year in which the general election is held.

(8) Within ten days of a petition sponsor being notified that an initiative has made ballot position, the committee shall notify the Division as to whether it intends for Supervisors of Elections to continue verifying signatures on initiative petition forms.

(9) Nothing in this rule prohibits a voter from signing a successive initiative petition form containing the text of a former petition if the successive petition form has a different serial number assigned to it pursuant to Rule 1S-2.009, F.A.C.

History

Rulemaking Authority 20.10(3), 97.012(1), 100.371(6) FS. Law Implemented 100.371 FS. History–New 1-6-80, Amended 12-20-83, Formerly 1C-7.091, 1C-7.0091, Amended 2-13-90, 3-5-96, 1-5-04, 3-16-06, 10-15-07, 10-13-08, 7-18-10, 9-7-11, 10-1-21.

Fla. Admin. Code R. 1S-2.0095 Constitutional Amendment Initiative Petition Revocation; Petition Approval; Submission Deadline; Signature Verification

History

Rulemaking Authority 20.10(3), 97.012(1), 100.371(7), 101.161 FS. Law Implemented 100.371, 101.161 FS. History–New 10-15-07, Amended 10-13-08, Repealed 5-25-10.

Fla. Admin. Code R. 1S-2.010 Advisory Opinions

(1) General. The Division of Elections has the responsibility to render advisory opinions as to the application of chapters 97 through 106, F.S.

(2) Those Who May Receive Advisory Opinions.

(a) Those who may formally request and receive advisory opinions as provided for in this rule include the following:

Supervisors of Elections.
Candidates.
Local officers having election related duties.
Political parties.
Registered political committees.
Certified committees of continuous existence.
Other persons or organizations engaged in political activity; that is, persons or members of an organization which are actually involved in the action which is the concern of the request.

(b) A representative may request an opinion in the name of his or her principal; however, the opinion will be addressed to the principal.

(3) Subject Matter of Advisory Opinions. Advisory opinions may be rendered only with respect to provisions or possible violations of Florida election law with respect to actions taken or proposed to be taken by a person or entity listed in subsection 1S-2.010(2), F.A.C.

(4) Form of Requests for Opinions. Requests for advisory opinions, pursuant to Section 106.23(2), F.S., shall occur only in the form of a written request to the Florida Department of State, Division of Elections. Such request may be accompanied by pertinent attachments, exhibits and memoranda, but must contain the following information in the body of the request:

(a) Name of Requestor.

(b) Address of Requestor.

(d) Description of how this statutory provision may or does affect the requestor.

(e) Possible violation of Florida election laws on which advisory opinion is sought.

(f) The precise factual circumstances giving rise to the request.

(g) The point(s) on which the requestor seeks an opinion.

(h) Additional relevant information.

(i) Statement of necessity, if any, to expedite division’s response.

(5) For felons requesting an advisory opinion concerning their eligibility to register or to vote, Form DS-DE 500 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17282, eff. 12/2024), entitled “Felon Eligibility Opinion Request” complies with the requirements of subsection (4). Felons using the form shall email the form as a .pdf attachment to dos.generalcounsel@dos.myflorida.com, or send or deliver the form to Office of General Counsel, R.A. Gray Building, 500 South Bronough Street, Suite 100, Tallahassee, Florida 32399-0250.

(a) Within 14 days of receiving a request through Form DS-DE 500, the Division shall assess whether the form is complete. If the form is not complete, or the Division determines that additional information is needed, the Division shall notify the felon within 14 days of receiving Form DS-DE 500 of the specific deficiency or the need for any specific, additional information.

(b) The Division shall respond to a request using Form DS-DE 500 within 90 days of receiving a complete Form DS-DE 500 and all information requested by the Division.

You are eligible to register and to vote.
You are ineligible to register or to vote.
The Division lacks credible and reliable information concerning your eligibility to register or to vote; therefore, based on your good faith belief that all terms of the sentence have been satisfied, the information available to the Division, and the Division’s review of available information, nothing precludes you from registering and voting.

(6) Division Disposition for all requests other than those made pursuant to subsection (5).

(a) The division will prepare a written response to the request in a timely manner. The division shall not be limited to analyzing statutory provisions set forth in a request for an advisory opinion in its preparation of a response to the request.

(b) Once the opinion is rendered, the division shall forward a copy of it to the requestor and each county Supervisor of Elections and to any person or organization upon request.

(7) Indexing.

(a) Advisory opinions shall be dated and indexed by subject matter.

(b) Opinions shall be numbered sequentially. The first two digits of the advisory opinion shall be the last two digits of the year in which the opinion was rendered. Following the year shall be a dash and the number of the opinion. Opinions issued pursuant to subsection (5) shall also begin with “F-” and be numbered separately from other opinions.

(8) Verbal, Telephone or Other Informal Advice. The process described in the preceding provisions of Rule 1S-2.010, F.A.C., is the only process by which the Division of Elections is authorized to provide advisory opinions pursuant to Section 106.23(2), F.S. Other telephone, verbal or written advice does not constitute an advisory opinion rendered pursuant to that law.

History

Rulemaking Authority 106.22(9) FS. Law Implemented 106.23(2) FS. History–New 9-17-79, Amended 1-31-80, Formerly 1C-7.10, 1C-7.010, Amended 12-9-03, 11-28-24.

Fla. Admin. Code R. 1S-2.011 Certification of Supervisors of Elections

History

Rulemaking Authority 15.13, 97.012 FS. Law Implemented 145.09 FS. History-New 2-3-81, Amended 10-7-82, Formerly 1C-7.11, Amended 7-7-86, 11-20-88, Formerly 1C-7.011, Amended 1-25-96, Repealed 7-9-00.

Fla. Admin. Code R. 1S-2.0115 Certification Requirements for Supervisors of Elections for Special Qualification Salary

(1) GENERAL. This rule provides requirements for initial and annual certification of supervisors of elections for the special qualification salary.

(2) INITIAL CERTIFICATION. In order to receive initial certification for the special qualification salary, a supervisor of elections must:

(a) Take and receive a passing grade of ninety percent (90%) or higher on a uniform statewide open book examination developed and revised annually by the Florida State Association of Supervisors of Elections. This test is for the purpose of testing the supervisor of election’s knowledge and familiarity with Chapters 97 through 106 of the Florida Election Code and applicable election-related provisions of the Florida Constitution, as most recently amended. The Florida State Association of Supervisors of Elections shall administer the examination but the Division of Elections shall grade the examination and provide notice of results.

(b) Conduct a primary election and a gubernatorial or presidential general election; and,

Attendance at a mandatory orientation workshop as provided in Area I.
A minimum of two years of service as a supervisor of elections as provided in Area III.
Five credits earned for attendance at a training conference, program, seminar or workshop as provided in Area IV.

(3) ANNUAL RECERTIFICATION. In order to remain certified annually for the special qualification salary, a supervisor of elections must earn annually credit equivalent to twenty-four hours for attendance at continuing education activities as provided in Area V under subparagraph (4)(a)5.

(4) CREDITS.

(a) Credits for initial and annual certification may be earned in Areas I through V as follows:

AREA I – MANDATORY ORIENTATION. Within two years after taking office, each newly elected or appointed Supervisor of Elections shall attend a mandatory orientation workshop to be conducted by the Florida State Association of Supervisor of Elections after each general election or more frequently as needed between general elections to accommodate newly elected or appointed supervisor of elections. The mandatory orientation workshop must consist of a minimum of twelve (12) hours of training in election topics including but not limited to voter eligibility and registration, the Florida Voter Registration System, voter registration agencies and third-party voter registration groups, registered voter list maintenance activities, candidate qualifying procedures, initiative and candidate petitions, conduct of elections, voting methods and procedures, polling place procedures, solicitation restrictions, handling and canvassing ballots, voting machines and systems, political parties and committees, election code violations, public records, and campaign financing. A maximum of one credit may be earned in this area.
AREA II – FORMAL EDUCATION. A maximum of five credits may be earned as follows:

a. One credit for the award of a high school diploma or its equivalent.

b. Two credits for the award of an associate degree or four credits for a baccalaureate degree but not to exceed a total of four credits for both an associate degree and a baccalaureate degree.

AREA III – EXPERIENCE. A maximum of five credits may be earned as follows:

a. One credit for each year served as a Supervisor of Elections.

b. One credit for each year of experience as a Deputy Supervisor of Elections.

AREA IV – ATTENDANCE AT TRAINING CONFERENCES, PROGRAMS, SEMINARS AND WORKSHOPS. One credit may be earned for each twelve (12) hours of attendance at training conferences, programs, seminars and workshops approved by the Division of Elections and conducted by the Division of Elections or the Florida State Association of Supervisors of Elections. The training conferences, programs, seminars or workshops must cover any one or more of the following election or election-related topics:

a. Duties and role of supervisor of elections.

b. State or federal election law.

c. Conduct of elections.

d. State or federal ethics law.

e. Management or technology information systems.

f. Public records.

g. Office management and personnel training.

h. Voting machines, systems, and software.

i. Public administration.

j. Public relations.

k. Stress management.

AREA V – ATTENDANCE AT CONTINUING EDUCATION ACTIVITIES.

a. Credit may be earned for attendance at educational conferences, programs, seminars and workshops conducted by the Florida State Association of Supervisors of Elections, the Elections Assistance Commission (EAC), the Federal Election Commission (FEC), the International Association of Clerks, Recorders, Elections Officials and Treasurers (IACREOT), the Election Center, the Florida Elections Commission, or the Florida Commission on Ethics. The Division shall accept for certification the equivalent of the number of credits pre-approved by any of these entities for the conference, program, seminar or workshop.

b. Credit may also be earned for attendance at educational conferences, programs, seminars and workshops conducted or sponsored by a community college, college or state university as defined in Section 1000.21, F.S., a voting or elections system or software vendor, or any entity not otherwise listed in sub-subparagraph a. The Division may accept for certification the equivalent of the number of credits pre-approved by any of these entities for conference, program, seminar or workshop. In order to receive approval for credit from the Division of Elections for attendance, a supervisor must:

I. Submit an outline, agenda, brochure or itinerary;

II. Identify the entity that conducted or sponsored the conference, program, seminar or workshop and any national or international accreditation of such entity;

III. Describe the title, content, subject matter and learning objectives;

IV. Set forth for the length of time (hours) in attendance or the number of continuing education credits that the entity pre-approved or that is being requested; and

V. Identify the names and qualifications of all instructors or presenters.

c. The educational conferences, programs, seminars, or workshops under this subsection must cover one or more of the following election or election-related topics:

I. Duties and role of supervisor of elections.

II. State or federal elections law.

III. Conduct of elections.

IV. State or federal ethics law.

V. Management or technology information systems.

VI. Public records.

VII. Office management and personnel training.

VIII. Voting machines, systems, and software.

IX. Public administration.

X. Public relations.

XI. Stress management.

(b) Credits shall be earned and accepted as provided in subparagraphs 1.-4. of paragraph (a). For purposes of credits earned under subparagraph 5. relating to Area V, if no credit has been pre-approved by the entity for attendance at the continuing education activity, the Division of Elections shall assign one credit for each hour or minimum of fifty (50) minutes of attendance at the activity prior to applying the credit toward certification.

(5) CERTIFICATION.

(a) APPLICATION. In order to receive the special qualifications salary, the supervisor of elections must submit a completed certification application requesting initial or annual certification by the Division of Elections. For purposes of receiving timely initial or annual certification, the supervisor of elections must submit a completed certification application to the Division of Elections no later than thirty (30) days prior to the date for which the supervisor of elections’ is seeking initial or annual certification. The supervisor of elections shall use form DS-DE #69, entitled “Certification Application for Supervisor of Elections for Special Qualification Salary,” which is incorporated by reference, to submit his or her request for initial or annual certification. This application is available by request from the Division of Elections at Room 316, R. A. Gray Building, Tallahassee, Florida 32399-0250 or by contacting the Division of Elections at (850)245-6200, or by download from the Division of Elections website at: http://election.dos.state.fl.us/.

(b) SUPPORTING DOCUMENTATION. A supervisor of elections shall submit to the Division of Elections copies of all documentation in support of his or her compliance with requirements for initial or annual certification. Such documentation may be submitted periodically throughout the year prior to the filing of the application for initial or annual certification. Documentation in support of credits that may be submitted for approval of attendance at a conference, program, seminar or workshop include, if available, an agenda, itinerary, outline or brochure that details the title, content, and subject matter, the name of the entity that conducted or sponsored the activity, the dates and hours, the names and qualifications of the instructors or presenters, and the length of attendance (hours) or maximum credits awarded. Additionally, a supervisor must submit for each conference, program, seminar or workshop, a registration receipt, written confirmation of attendance, certificate of completion, or letter from the sponsoring entity, or alternatively, if a supervisor of elections is unable to attend a conference, program, seminar or workshop, a written attestation which may be indicated on the application that he or she listened to an audio or video recording and read the materials offered or presented by the entity that conducted or sponsored the conference, program, seminar or workshop.

(c) ISSUANCE OF CERTIFICATION. If the supervisor of elections has not met the requirements for initial or annual certification, the Division of Elections shall notify the supervisor of elections no later than 5 calendar days from the date of receipt of the certification application. If the supervisor of elections has met the requirements for initial or annual certification, the Division of Elections shall issue a letter of initial or annual certification, whichever is applicable.

History

Rulemaking Authority 20.10, 145.09 FS. Law Implemented 145.09 FS. History–New 1-29-06.

Fla. Admin. Code R. 1S-2.012 Testing of Voting Machines

History

Rulemaking Authority 101.35(4), (6) FS., as amended by Ch. 81-29, Laws of Florida. Law Implemented 101.35 FS., as amended by Ch. 81-29, Laws of Florida. History-New 12-15-81, Formerly 1C-7.12, 1C-7.012, Repealed 12-30-01.

Fla. Admin. Code R. 1S-2.013 Vote-by-Mail Ballots to Overseas Electors

History

Rulemaking Authority 97.012(1) FS. Law Implemented 101.62, 101.141, 97.012 FS. History–New 3-8-84, Amended 10-9-84, Formerly 1C-7.13, Formerly 1C-7.013, Repealed 3-6-16.

Fla. Admin. Code R. 1S-2.014 Volunteer Deputy Voter Registrars

History

Rulemaking Authority 98.271(3) FS. Law Implemented 98.271(2), (3) FS. History-New 3-28-85, Formerly 1C-7.14, Amended 4-12-87, Formerly 1C-7.014, Repealed 7-11-95.

Fla. Admin. Code R. 1S-2.015 Minimum Security Procedures for Voting Systems

(1) PURPOSE. To establish minimum security standards for voting systems pursuant to Section 101.015(4), F.S.

(2) DEFINITIONS. The following words and phrases shall be construed as follows when used in this rule:

(a) “Accumulation” means the act of combining tabulated votes from different sources for the same candidate or ballot measure. For example, accumulation of counted votes for a specific candidate occurs when the early voting and vote-by-mail ballot groups are combined with Election Day votes for the candidate. Another example is when the combined precinct results for a specific candidate on Election Day are totaled.

(b) “Ballot” when used in reference to:

“Marksense ballot” means that printed sheet of paper, used in conjunction with an electronic or electromechanical vote tabulation voting system, containing the names of candidates, or a statement of proposed constitutional amendments or other questions or propositions submitted to the electorate at any election, on which sheet of paper an elector casts his or her vote.
“Electronic or electromechanical device” means a ballot that is voted by the process of electronically designating, including by touchscreen, or marking with a marking device for tabulation by automatic tabulating equipment or data processing equipment.

(c) “Ballot type” means an early voting, Election Day, or vote-by-mail ballot. Provisional ballots cast in the election may be grouped with early voting, Election Day, or vote-by-mail ballots, as applicable. Overseas vote-by-mail ballots are to be grouped with other vote-by-mail ballots.

(d) “Election Board” has the meaning ascribed in Section 97.021(12), F.S.

(e) “Election definition” means the voting system tabulator’s code programmed for a unique election.

(f) “Election management system” means those components of a voting system that defines, develops, and maintains election databases, performs election definitions and setup functions, formats ballots, acquires the tabulation results, consolidates the aggregate election results, produces report results, and maintains its audit trails.

(g) “Election materials” mean those materials provided to poll workers to properly conduct the election to include, but not be limited to, as applicable, legally required affidavits and forms, provisional ballots, voter authority slips, precinct registers, and any electronic devices necessary to activate ballot styles in the voting system.

(h) “Hybrid voting system” means an electronic or electromechanical device by which a voter with disabilities interacts with an electronic visual display to produce a paper output that contains the contest titles and the voter’s selections, and may also contain, but not be limited to, a barcode or other machine-readable optical label containing the voter’s selections. A hybrid voting system may be designed to read the vote targets or selections or the machine-readable optical label on the paper output.

(i) “Tabulation” means the act of a tabulator (e.g., optical scanner) counting the voter selections for candidates or ballot measures. The tabulator scans the voter selections on a ballot or paper output from a hybrid voting system and determines the vote count for the candidate or ballot measure.

(j) “Voted Ballot” means a ballot as defined above, which has been cast by an elector.

(k) “Voting device” means any apparatus by which votes are registered electronically.

(l) “Voting system” means a method of casting and processing votes that functions wholly or partly by use of electromechanical or electronic apparatus or by use of marksense ballots or paper outputs from a hybrid voting system and includes, but is not limited to, the procedures for casting and processing votes and the programs, operating manuals, supplies, printouts, and other software necessary for the system’s operation.

(3) FILING OF SECURITY PROCEDURES.

(a) Within 45 days of the effective date of this rule, each supervisor of elections shall certify the date of the most current version of the county’s minimum security procedures on file with the Division of Elections or submit the most current version accompanied by a cover letter and the date the procedures were last revised.

(b) For any subsequent revision to the security procedures, the supervisor of elections must submit the revision no later than 45 days prior to the early voting period in the election in which the revision will first take effect. The supervisor shall include a statement describing which part of the procedures previously filed have been revised.

(c) In the event of an emergency situation or other unforeseen circumstance in which a supervisor of elections has to make a change to the security procedures within the 45-day period before the early voting period for an upcoming election, the supervisor of elections shall submit the change to the Division of Elections no later than 5 days after the change is made. The supervisor shall document any changes to include the reasons why such changes were necessary.

(4) REVIEW OF SECURITY PROCEDURES.

The Division of Elections shall conduct a review of any submitted or revised security procedures to determine if they meet the minimum requirements set forth in subsection (5) this rule.

(a)1. Except as provided in paragraph (b), the Division of Elections shall complete its review of the security procedures or revisions thereto within 30 days of receipt and notify the supervisor of elections as to the results of the review within 5 days thereafter as to whether the procedures or revisions comply with subsection (5).

If the Division finds that the procedures are incomplete and do not otherwise comply with subsection (5), the Division shall notify the supervisor in writing and include in the notice to the supervisor the specific provisions that were found to be incomplete or otherwise did not comply with subsection (5). No later than 30 days from the date of notice, the supervisor shall provide the required information and documentation to bring the procedures into compliance. Within 10 days from receiving the required information from the supervisor or from the end of the 30-day period, whichever occurs first, the Division shall issue a notice of compliance or continued noncompliance, whichever is applicable.
If the Division is unable to complete its review within the 30-day time frame, the Division shall temporarily approve the procedures or revisions until such time as the review is completed. The Division shall notify the supervisor of elections of the temporary approval.

(b)1. Within the first quarter of an odd-numbered year during which the Division of Elections conducts biennial review of supervisors of elections’ county security procedures pursuant to Section 101.015(4)(b), F.S., the Division shall notify each supervisor of elections that the Division will begin its review based on the version certified last by the supervisor, or the last revision on file, whichever occurred last.

No later than 15 days of such notice, the supervisor shall recertify the version on file as the most current version to be reviewed or submit and certify any update or replacement as the latest revision or replacement, respectively to the procedures on file.
The Division shall complete its review no later than 90 days of beginning the review of a supervisor’s county security procedures. Within 5 days of completing its review the Division shall notify the supervisor as to whether its county security procedures comply with subsection (5).
If the Division finds that the procedures are incomplete and do not otherwise comply with subsection (5), the Division shall also list in the notice to the supervisor the specific provisions that were found to be incomplete or otherwise did not comply with subsection (5). No later than 30 days from the date of notice, the supervisor shall provide the required information and documentation to bring the procedures into compliance. If the supervisor is unable to do so within the 30 days, the supervisor shall provide within that same timeframe, a status report and a plan including timeline for completing or bringing the procedures into compliance. No later than 10 days from the receipt of the supervisor’s response, the Division shall issue a notice of compliance or continued noncompliance, whichever is applicable.

(c) Upon approval of the security procedures by the Division, the supervisor shall submit to the Division a copy of the approved version of the procedures that has all confidential and exempt information redacted from the procedures, along with the statutory citations for each redaction contained in the document. The supervisor shall submit the redacted copy within 15 days of notification by the Division of the approval.

(5) STANDARDS FOR SECURITY PROCEDURES.

(a) Staffing and facilities’ security. The security procedures shall have a description of the supervisor of elections’ organization and physical facilities’ security. The security procedures shall address chain of custody procedures and security measures to protect at all times the integrity of the voting systems, election materials, and ballots.

(b) Election schedule template. The security procedures shall include one or more schedule templates for each type of election. A schedule template need not be prepared for a municipal election. The supervisor shall provide the template to the Division of Elections at least 90 days prior to each regularly scheduled election and within 20 days of the date a special election is scheduled. The supervisor is not required to provide a previously submitted schedule template before an election unless changes have been made since the prior submission; however, any changes to a schedule template must be submitted in a revised security procedure within the time period specified in paragraph (3)(b). The election schedule template shall contain the following:

A list of all tasks necessary to conduct the election; and,
The legal deadline, where applicable, or tentative date each task is to be completed.

(c) Ballot preparation. The security procedures shall describe the steps necessary to ensure that the ballot contains the proper races, candidates and issues for each ballot variation and that the ballots can be successfully tabulated. The ballot preparation procedures shall, at a minimum, contain the following:

Assignment of unique marks or other coding necessary for identifying ballot variations or precincts;
Verification that unique marks or other coding necessary for tabulation are correct; and,
Description of method to verify that all ballots and ballot variations are accurately prepared and printed.

(d) Filing of election information. The supervisor of elections shall file with the Division of Elections a copy of the information used within the election management system to define the tabulation and reporting instructions for each election regardless of filings for prior elections. The filing shall, at a minimum, include the following:

A copy of the election database used to define the election; and,
If the election definition is created by an individual who is not an employee of the supervisor of elections, the information shall include a statement by the person who created the election database and definition. The person coding the election shall sign the election coding statement using Form DS-DE 132.

(e) Preparation and configuration of tabulation system.

The procedures relating to the preparation and configuration of the tabulation system shall, at a minimum, include the following:

a. Description of tests for all electronic or electromechanical voting systems after conclusion of maintenance and programming, including Americans with Disabilities Act (ADA) voting devices, early voting devices, precinct voting devices, and vote-by-mail voting devices, and the procedures for verification of correctness; and,

b. Description of securing the tabulation systems.

The security procedures shall describe the test materials utilized and the voting system tests performed prior to the conduct of the public logic and accuracy tests.

(f) Public logic and accuracy test. The security procedures for use with electronic and electromechanical voting systems shall, at a minimum, describe the following aspects of logic and accuracy testing of all automatic tabulating equipment publicly tested as required by Section 101.5612, F.S.:

Each component of the test performed including the test materials utilized for early voting devices, precinct voting devices, and vote-by-mail voting devices.
Ballot test decks and their preaudited results.
The procedures for sealing, securing, and retaining the programs, ballots, test results, other test materials, and records of proceedings.

(g) Pre-election steps for voting systems. The security procedures for use with voting devices shall include a description of the process to seal and secure the voting devices on Election Day and daily during the early voting period. This description shall include:

The process for identifying electronic media type such as memory packs, compact flash cards, PC Cards or PCMCIA cards, and any instrument used to activate a voting machine. This activity shall include:

a. The process to create and maintain an inventory of all electronic media.

b. The chain of custody process and procedure for identifying, documenting, handling, and tracking electronic media from the point of collection or transfer from their storage location, through election coding, through the election process, to their final post-election disposition and return to storage. This electronic media must be given the same level of attention that one would give to official ballots.

The establishment and maintenance of a secured location for storing the electronic media when not in use, for coding an election, for creating the election media, for transferring and installing the election media into the voting device, and for storing these devices once the election parameters are loaded. This process shall ensure that:

a. No election media is left unattended or in an unsecured location once it has been coded for an election. Where applicable, coded election media must be immediately loaded into the relevant voting device, logged, and made secure or must be placed in a secured and controlled environment and inventoried.

b. Each election media is sealed in its relevant voting device or container utilizing one or more uniquely identified tamper-resistant or tamper-evident seals. A combined master tracking log of the voting device, the election media, and the seal(s) must be created and maintained. For election media that are device independent (for example, voter card encoders) these devices must be stored in a secured, sealed container and must also be identified on the master tracking log.

c. A procedure is created and maintained for tracking the custody of these voting devices once these devices are loaded with an election definition. The chain of custody must specifically provide for the identifying, documenting, handling, and tracking of such devices from the point of loading to final post-election disposition. These voting devices must be given the same level of attention that one would give to official ballots.

A recovery plan that is to be followed should there be any indication of a security breach in the accountability and chain of custody procedures. Any indication of a security breach must be confirmed by more than one individual.
A training plan for relevant election officials, staff, and temporary workers that addresses these security procedures and the relevant work instructions.

(h) Ballot distribution. Where marksense ballots or paper outputs from a hybrid voting system are used, including on Election Day and during the early voting period, the security procedures shall, at a minimum, include the following:

Description of how the number and variations of ballots required by each precinct is determined;
Description of the method for securing the ballots; and,
Description of the process for distributing the ballots to precincts, to include an accounting of who distributed and who received the ballots, the date, and how they were checked.

(i) Distribution of precinct equipment. The security procedures shall describe the steps necessary for distributing voting system equipment to the precincts.

(j) Election Board duties.

The security procedures when marksense ballots or paper outputs from a hybrid voting system, including provisional ballots are used shall, at a minimum, include the following Election Board duties on Election Day and during the early voting period:

a. Verification that the correct number of ballots were received, and that they are the proper ballots for that precinct;

b. Checking the operability or readiness of the voting devices;

c. Checking and sealing the ballot box;

d. Description of how unscanned and spoiled ballots are handled;

e. Description of how write-in and provisional ballots are handled; and,

f. Accounting for all ballots and paper outputs from a hybrid voting system after the polls close.

The security procedures for use with voting devices shall, at a minimum, include the following Election Board duties:

a. Verification of the identification numbers, seal numbers, and protective counter numbers, if available, of precinct tabulation and/or voting devices;

b. Checking the operability or readiness of the voting device;

c. Verification that all counters except protective counters are set at zero on each voting device;

d. Securing a printed record from each voting device, if applicable;

e. Checking the correctness of the ballot;

f. Preparing voting devices for voting;

g. Verification when other than electronic or other means are used to track a voter during the voting process that the correct number of voter authorization slips were received;

h. Checking and sealing the voter authorization slips container(s) if voter authorizations slips were used;

i. Handling write-in ballots;

j. Handling voting system malfunctions;

k. Securing voting machines at the close of the polls (including the close of each early voting day) to prevent further voting;

l. Accounting for all voter authorization slips received if voter authorization slips were used; and,

m. Recording and verifying the votes cast.

(k) Transport of ballots and/or election materials. The security procedures shall describe the steps necessary to ensure a complete written record of the chain of custody of ballots, paper outputs from a hybrid voting system, and election materials on Election Day and during the early voting period and shall include:

A description of the method and equipment used to transport all ballots, paper outputs from a hybrid voting system, and/or election materials.
A method of recording the names of the individuals who transport the ballots and/or election materials from one site to another and the time they left the sending site.
A method of recording the time the individuals who transport the ballots, paper outputs from a hybrid voting system, and/or election materials arrived at the receiving site and the name of the individual at the receiving site who accepted the ballots, paper outputs from a hybrid voting system, and/or election materials.
A description of the process to create and maintain a secured location for storing and transporting voting devices once the election definitions are loaded. This description shall include procedures that are to be used at locations outside the direct control of the supervisor of elections, such as overnight storage at a polling location or early voting site. This description shall include:

a. A process for creating and maintaining an inventory of these items for each storage location, for each election. These voting devices must be given the same level of attention that one would give to official ballots.

b. A chain of custody process that specifically provides for the identifying, documenting, handling, and tracking of such voting devices from the point of storage to transfer to final disposition or when the voting devices have been left unattended for any length of time. Particular attention must be given to the integrity of the tamper-resistant or tamper-evident seals. These voting devices must be given the same level of attention that one would give to official ballots.

A recovery plan that is to be followed should there be any indication of a security breach in the accountability and chain of custody procedures. The plan must address inadvertent damage to any seals or accountability/chain of custody documentation errors. These plans must be developed in a manner that enhances public confidence in the security and integrity of the election. Any indication of a security breach, documentation errors, or seal damage must be confirmed by more than one individual.
A training plan for relevant election officials, staff, and temporary workers that address these security procedures and the relevant work instructions.

(l) Receiving and preparing voted ballots. The security procedures shall describe the process of receiving and preparing paper outputs from a hybrid voting system and voted ballots, including provisional ballots, election data and memory devices to include, at a minimum, the following:

Verification that all of the ballot containers are properly secured and accounted for and that the seal numbers are correct;
Verification that the ballot container(s) for each precinct contain paper outputs from a hybrid voting system, unused ballots, and voted ballots including provisional ballots, unscanned ballots, spoiled ballots and write-in ballots as shown to exist on the forms completed by each election board for that purpose;
Inspection of the marksense ballots or paper outputs from a hybrid voting system to identify those that must be duplicated or upon which voter intent is unclear, thus requiring a determination by the Canvassing Board. A record shall be kept of which marksense ballots or paper outputs from a hybrid voting system are submitted to the Canvassing Board and the disposition of those marksense ballots or paper outputs; and,
Description of the process for duplicating and recording the voted marksense ballots or paper outputs from a hybrid voting system which are damaged or defective.

(m) Tabulation of vote.

The security procedures for use with polling locations and central sites shall describe each step of a ballot tabulation, including on Election Day and daily during the early voting period and shall include, at a minimum, the following:

a. Counting and reconciliation of voted marksense ballots or paper outputs from a hybrid voting system;

b. Processing, tabulation and accumulation of voted ballots and election data;

c. Processing and recording of all write-in and provisional ballots;

d. The process for handling unreadable ballots;

e. Backup and recovery of tabulated results and voting system programs for electronic or electromechanical voting systems; and,

f. The procedure for public viewing of the accumulation process and access to results.

Security procedures shall describe each step of ballot tabulation during the early voting period.
The security procedures for use in the precincts on Election Day shall include procedures that describe each step of ballot tabulation to include, at a minimum, the following:

a. Printing of precinct results and results from individual tabulating devices;

b. Processing and recording of write-in votes;

c. Endorsing the precinct results by the Election Board;

d. Posting a copy of precinct results;

e. Transport of precinct results to central or regional site;

f. Consolidation of precinct and provisional ballot results; and,

g. The process for public viewing of the accumulation process and access to results.

The procedures for resolving discrepancies between the counted ballots and voted ballots and any other discrepancies found during the accumulation process shall be described.

(n) Electronic access to voting systems. Security procedures shall identify all methods of electronic access to the vote tabulation system including on Election Day and daily during the early voting period. The procedures for authorizing electronic access and specific functions, and specifying methods for detecting, controlling and reporting access to the vote tabulation system shall be identified, and shall additionally include:

A document that defines the procedure that ensures that default or vendor supplied passwords, encryption keys, or other identifier have been changed. This activity must ensure that:

a. Access control keys/passwords are maintained in a secured and controlled environment. The individual(s) with access to these items must be delineated.

b. Changes to the encryption keys and passwords are at the discretion of the supervisor of elections. This discretionary authority should not be delegated. The individual(s) that implement a change to the encryption keys and/or passwords must have this “authorization to change” responsibility.

c. The degree of access is maintained within the election management system and/or equipment. This applies where a voting system can limit an individual’s access to certain menus, software modules, or other component.

A procedure that governs access to any device, election media, or election management system with a requirement to use an encryption key.
A training plan for relevant election officials, staff, and temporary workers that address these security procedures and the relevant work instructions.

(o) Vote-by-mail ballot handling. The security procedures shall include procedures that describe vote-by-mail ballot handling to include, at a minimum, the following:

Description of process for determining and verifying vote-by-mail ballot variations;
Description for process to assure voters are issued the proper vote-by-mail ballot;
Description of process for receipt of vote-by-mail ballots by mail or other methods permitted by law and the security measures in place to ensure safekeeping and timely receipt by the supervisor of elections.
Process for precluding voters from voting at the polls and casting an vote-by-mail ballot;
Process for opening valid vote-by-mail ballots in preparation for tabulation;
Process for recording the receipt of all vote-by-mail ballots, to include regular vote-by-mail ballots, State write-in ballots and Federal write-in ballots and determining which ones should be counted if more than one per voter is received; and,
Security measures for transporting, collecting, and storing blank and voted vote-by-mail ballots and related materials prior to and after an election, including but not limited to physical security, chain of custody, secured access, and monitoring.

(p) Ballot security. The security procedures shall describe ballot accountability and security beginning with their receipt from a printer or manufacturer until such time as they are destroyed. The procedures for each location including on Election Day and during the early voting period shall describe physical security, identify who has authorized access and identify who has the authority to permit access.

(q) Voting system maintenance and storage.

The security procedures shall describe the maintenance and testing performed on all components of the system to assure that it is in proper working order and is within manufacturer’s operating specifications including on Election Day and during the early voting period. Procedures shall also describe storage and nonoperational maintenance of all voting devices.
If the supervisor of elections has installed any type of antivirus software on the election management system’s computing equipment, the security procedures shall provide a description of the software, the timeframe for updating the software, and the method to update the software.

(r) Post-election audit. The security procedures shall include, at a minimum, the following:

Description of the method for the random selection of the races and precincts for a manual audit or automated independent audit, or both.
Description of the method for the random selection in the event that municipal or other local elections are held on the same day and the Canvassing Board certifies the elections, if applicable.
Description of the method to determine the ballot count segregated by ballot type of the random selection.
Description of the method to ensure the public does not interfere or otherwise disturb the audit.
Description of the method for determining the security of ballots, paper outputs from a hybrid voting system, chain of custody controls, protocols for authorized access, and secure storage of ballots and paper outputs from a hybrid voting system, that may be used in an audit.

(6) FORM. Form DS-DE 132 (eff. 01/16), (https://www.flrules.org/Gateway/reference.asp?No=Ref-06149), entitled “Election Coding Statement,” is hereby incorporated by reference and available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division’s webpage at: http://election.myflorida.com/forms/index.shtml.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.015 FS. Law Implemented 101.015(4) FS. History–New 5-27-85, Formerly 1C-7.15, 1C-7.015, Amended 8-28-93, 11-24-04, 4-1-16.

Fla. Admin. Code R. 1S-2.016 Minimum Security Procedures for Transmission of Returns by Dedicated Teleprocessing Lines

History

Rulemaking Authority 101.015 FS. Law Implemented 101.015, 101.5607 FS. History–New 11-21-85, Formerly 1C-7.16, 1C-7.016, Repealed 3-6-16.

Fla. Admin. Code R. 1S-2.017 Reporting Requirements for Campaign Treasurer’s Reports

(1) General Reporting Requirements.

(a) All reports filed with the Division of Elections (Division) must be filed in electronic format by means of the internet by either keying in the detail data via the web pages or uploading an electronic file that meets the Division’s file specifications, Form DS-DE 111, Campaign Finance Reporting File Specifications (version 05/23/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00122). All data submitted must comply with the instructions in Forms DS-DE 110A, Candidate EFS User’s Guide (eff. 01/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00123), DS-DE 110B, Political Committee EFS User’s Guide (eff. 01/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00124), DS-DE 110C, Committee of Continuous Existence EFS User’s Guide (eff. 05/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00125), or DS-DE 110D, Electioneering Communications Organization EFS User’s Guide (eff. 03/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00126), as applicable.

(b) Prior to filing the first campaign treasurer’s report in electronic format, each person or political party must obtain credentials for a secure sign-in to the Division’s electronic filing system.

(c) The Division shall issue credentials for a secure sign-in when a person or political party files a completed Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (Eff. 10/10), incorporated by reference in Rule 1S-2.0001, F.A.C.; or a completed Form DS-DE 5, Statement of Organization of Political Committee (Eff. 06/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00422); or a completed Form DS-DE 103, Electioneering Communication Statement of Organization (Eff. 06/11) (https://www.flrules.org/Gateway/reference.asp?No=Ref-00423). The Division shall issue credentials for a secure sign-in upon request to candidates and their treasurers or deputy treasurers and to chairpersons, treasurers, and deputy treasurers of committees, organizations, and political parties.

(d) Each individual who receives secure sign-in credentials will also furnish the Division with confidential personal information, which involves supplying the answer to a personal question relating to the particular individual, that shall be used by the Division to allow access by the individual in the event that credentials are forgotten or lost. Examples of confidential personal information shall include mother’s maiden name, date of birth, child’s name, pet’s name, etc.

(e) Electronic reports must be completed and filed through the Division’s electronic filing system no later than midnight, Eastern Time, of the due date. In the event that the electronic filing system is inoperable on the date a report is due, the report will be accepted as timely filed if filed no later than midnight, Eastern Time, of the first business day the electronic filing system becomes operable again. No fine will be levied during the period the electronic filing system was inoperable.

(f) A report shall be deemed filed through the electronic filing system upon the issuance of an electronic receipt indicating and verifying that the report was filed.

(2) All forms and filing specifications contained in this rule are incorporated by reference and are available from the Division of Elections, Room 316, R.A. Gray Building, Tallahassee, Florida 32399-0250, from the Division’s website at http://election.dos.state.fl.us, or by calling (850)245-6240.

History

Rulemaking Authority 106.0705 FS. Law Implemented 106.04, 106.07, 106.0703, 1060705, 106.29 FS. History–New 11-13-88, Formerly 1C-7.017, Amended 2-28-90, 9-5-93, 1-1-96, 3-5-96, 7-20-98, 7-31-02, 1-1-05, 6-2-05, 8-4-11.

Fla. Admin. Code R. 1S-2.018 Expenditure Limits for a Candidate for Governor or Cabinet Officer Who Requests Contributions from the Election Campaign Financing Trust Fund

History

Rulemaking Authority 106.34, 120.53 FS. Law Implemented 106.30-106.36 FS. History-New 11-13-88, Formerly 1C-7.018, Repealed 8-29-93.

Fla. Admin. Code R. 1S-2.019 Penalties and Fines Under the Election Campaign Financing Trust Fund for Exceeding the Applicable Expenditure Limit or Falsely Reporting Qualifying Matching Contributions

History

Rulemaking Authority 106.36, 120.53 FS. Law Implemented 106.30-106.36 FS. History-New 11-13-88, Formerly 1C-7.019, Repealed 7-11-95.

Fla. Admin. Code R. 1S-2.020 Revocation of Certification for Committees of Continuous Existence

History

Rulemaking Authority 106.04(7) FS. Law Implemented 106.04(7) FS. History–New 11-11-90, Amended 10-29-03, Repealed 10-1-13.

Fla. Admin. Code R. 1S-2.021 Cancellation of Registration of Political Committees and Electioneering Communications Organizations

(1) Definitions:

(a) “Organization” means an electioneering communications organization.

(b) “Committee” means a political committee.

For a committee, the committee’s aggregate reported financial activity in each of two consecutive calendar years is $500 or less, unless the committee is only registered and required to report as the sponsor of a proposed constitutional amendment by initiative who intended to seek the signatures of registered voters; and,
For an organization, the organization’s aggregrate reported financial activity in each of two consecutive calendar years is $5,000 or less.

(d) “Most recent address on file” means the address provided in the most recent statement of appointment or written statement of change filed pursuant to Section 106.022, F.S.

(2) Conduct warranting cancellation. The filing officer shall initiate the cancellation of the registration of a committee or an organization for one or more of the following reasons:

(a) The committee or organization fails to maintain a registered office and a registered agent as required by Section 106.022, F.S., including the failure to have a physical office space and hours of operation or if correspondence sent by the filing officer is returned as undeliverable;

(b) The committee or organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its treasurer;

(c) The committee fails to file the appointment of a successor within 10 days after the death, resignation or removal of its chairperson;

(d) The committee or organization fails to file 2 or more consecutive reports;

(e) The committee or organization has limited activity;

(f) The organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its top-ranking principal officer; or

(g) The committee or organization has an unpaid fine or civil penalty imposed under Chapter 106, F.S., which has become final, meaning all appeals regarding the imposition of the fine or civil penalty have been exhausted or the time for such appeals has passed.

(3) Cancellation procedures.

(a) Initial notice of intent to cancel. The filing officer shall notify the committee’s chairperson or organization’s top-ranking principal officer and its registered agent of the intent to cancel the registration and include the facts and conduct which warrant the intended cancellation. The notice shall be sent to the most recent address on file for both the chairperson or top-ranking principal officer, as applicable, and registered agent. The initial notice shall state that all future notifications regarding cancellation of the committee’s or organization’s registration shall be sent only to the most recent address on file for the registered agent. The committee or organization has 15 days from the date of the initial notice to provide additional documentation to the filing officer showing that the committee’s or organization’s registration should not be canceled.

(b) Final notice of intent to cancel. After receiving the documentation under paragraph (a), from the committee or organization or after the 15-day deadline to provide additional information, whichever occurs first, the filing officer shall review all information and determine whether the registration should still be canceled.

If the filing officer determines that the registration should not be canceled, then the filing officer shall notify the registered agent at the most recent address on file.
If the filing officer determines that the registration should be canceled, then the filing officer shall send a final notice of intent to cancel to the most recent address on file for the registered agent.

(c) Notice returned as undeliverable. If the initial notice of intent to cancel is returned as undeliverable, and the committee or organization’s most recent address on file has not changed since the filing officer sent the initial notice, then the filing officer need not send a final notice of intent to cancel and shall instead send the final order of cancellation. If the initial notice of intent to cancel is returned as undeliverable, but the committee or organization’s most recent address on file has changed since the filing officer sent the initial notice, then the filing officer will provide an initial notice of the intent to cancel to that updated address; thereafter, the filing officer shall follow the procedures in this rule.

(d) Final order of cancellation. The final order of cancellation shall be sent to the most recent address on file for the registered agent, notwithstanding that the final order may be returned as undeliverable due to previous undelivered notices.

(4) Appeals. Appeal of Final Notice of Intent to Cancel. A committee or organization may appeal a final notice of intent to cancel within 30 days of the date of such final notice. The appeal may be accompanied by any documentation or evidence supporting the claim. The appeal must be filed with the filing officer. The filing officer will forward the appeal to the Florida Elections Commission.

(a) Failure to timely file an appeal shall constitute a waiver of any such entitlement.

(b) A committee or organization desiring a hearing before the Florida Elections Commission must include in the appeal a request for hearing.

(c) Appeals to the Florida Elections Commission under this rule are exempt from the confidentiality provisions of Section 106.25, F.S.

History

Rulemaking Authority 20.10(3), 97.012(1), 106.03(7), 106.22(9) FS. Law Implemented 106.03 FS. History–New 2-28-90, Amended 10-29-03, 11-15-09, 9-27-10, 10-30-13, 10-6-14, 8-4-16, 2-21-22.

Fla. Admin. Code R. 1S-2.022 Mail Ballot Elections

History

Rulemaking Authority 101.6107 FS. Law Implemented 101.6101-.6107 FS. History–New 2-28-90, Amended 2-5-92, Repealed 11-17-15.

Fla. Admin. Code R. 1S-2.023 Campaign Treasurer’s Report; Filing Requirements, Fines for Late Filing

History

Rulemaking Authority 106.22(9) FS. Law Implemented 106.04, 106.07, 106.29 FS. History-New 2-28-90, Amended 2-5-92, Repealed 2-1-05.

Fla. Admin. Code R. 1S-2.024 Leadership Funds

History

Rulemaking Authority 106.22(9) FS. Law Implemented 106.295, 106.08(5) FS. History-New 5-2-94, Repealed 7-11-95.

Fla. Admin. Code R. 1S-2.025 Elections Fraud Complaints

(1) The Department of State is charged with maintaining a voter fraud hotline, pursuant to Section 97.012(12), F.S. A person may contact the voter fraud hotline at (877)868-3737 and request to file a complaint alleging elections fraud.

(2) The Department of State is also charged with conducting preliminary investigations into any complaint of elections fraud. For purposes of this rule, “elections fraud” means any irregularities or fraud arising out of or in connection with voter registration or voting, or candidate petition or initiative petition activities that may constitute a crime under Florida law. “Elections fraud” does not include violations of Chapter 106, F.S.

(3) Any person alleging elections fraud may file a written complaint with the Department of State, Division of Elections, using Form DS-DE 34, entitled “Elections Fraud Complaint” (Rev. 07/16) http://www.flrules.org/Gateway/reference.asp?No=Ref-07147, which is hereby incorporated by reference. This form is available by request from the Division at Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contacting the Division at (850)245-6200, or by download from the Division’s webpage at: http://dos.myflorida.com/elections/contacts/elections-fraud-complaint.

(4) To be facially sufficient, a complaint must:

(a) Allege an act or acts of elections fraud as defined in subsection (2), above; and,

(b) Contain allegations based on personal knowledge that have been stated with particularity. Mere recitation of statutory language, vague generalizations, absence of specific facts, or hearsay by itself uncorroborated by direct evidence will not be enough to establish a facially sufficient complaint.

(5)(a) If, after a preliminary investigation, the Department of State determines that the complaint is facially sufficient and that there is reason to believe elections fraud has occurred, the Department shall forward the complaint to the statewide prosecutor or the appropriate state attorney.

(b) The Department of State may contract with the Florida Department of Law Enforcement to assist in the preliminary investigation.

(c) If, after the preliminary investigation, the Department of State determines the complaint is facially insufficient or that there is no reason to believe elections fraud had occurred, the Department shall close the matter and notify the complainant that the complaint was not referred for further handling and summarize the reason why.

History

Rulemaking Authority 20.10(3), 97.012(15) FS. Law Implemented 97.012(12), (15) FS. History–New 9-21-98, Amended 1-29-06, 8-4-16.

Fla. Admin. Code R. 1S-2.026 Alternative Procedure for Voting by Vote-by-mail Ballot

History

Rulemaking Authority 101.015 FS. Law Implemented 101.657 FS. History-New 9-20-00, Repealed 11-21-05.

Fla. Admin. Code R. 1S-2.027 Standards for Determining Voter Intent

(1) The Department of State, Division of Elections, is required to adopt by rule standards for determining a voter’s choice on a ballot under prescribed circumstances for ballot duplication under section 101.5614 and recounts under section 102.166, F.S. Form DS-DE 420 (effective 08/2024), entitled “Standards for Determining Voter Intent,” contains the standards to be applied and is hereby incorporated by reference and available at the following link: https://www.flrules.org/Gateway/reference.asp?No=Ref-16891.

(2) Form DS-DE 420 is also available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division of Elections’ rules webpage at: https://dos.fl.gov/elections/.

History

Rulemaking Authority 20.10(3), 97.021, 102.166(4) FS. Law Implemented 101.5614(5), 102.166(4), FS. History–New 6-6-02, Amended 10-6-08, 8-8-24.

Fla. Admin. Code R. 1S-2.028 State Write-in Ballot

(1) The following is the form of the state write-in ballot.

(2) The form provides those offices to be filled in a general election. Offices to be filled in the election shall be arranged in the order named below.

(3) STATE WRITE-IN GENERAL ELECTION VOTE-BY-MAIL BALLOT

___________________ COUNTY

_(DATE)

TO VOTE: For each race that you intend to cast a vote, write in the name of the candidate on the line provided or write in the name of a political party, in which case the ballot will be counted for the candidate of that political party, if there is such a party candidate on the ballot.

PRESIDENT AND VICE PRESIDENT:________________________________________________________________________

CONGRESSIONAL

UNITED STATES SENATOR:_________________________________________________________________

REPRESENTATIVE IN CONGRESS, DISTRICT :_________________________________________________________

STATE

GOVERNOR AND LT. GOVERNOR:_________________________________________________________________________

ATTORNEY GENERAL:___________________________________________________________________________________

CHIEF FINANCIAL OFFICER:______________________________________________________________________________

COMMISSIONER OF AGRICULTURE:_______________________________________________________________________

STATE ATTORNEY, _______ JUDICIAL CIRCUIT:____________________________________________________________

PUBLIC DEFENDER, _______ JUDICIAL CIRCUIT:____________________________________________________________

LEGISLATIVE

STATE SENATOR, DISTRICT :_____________________________________________________________________

STATE REPRESENTATIVE, DISTRICT :_____________________________________________________________

COUNTY

CLERK OF CIRCUIT COURT (OR COUNTY COURT):__________________________________________________________

SHERIFF:________________________________________________________________________________________________

PROPERTY APPRAISER:__________________________________________________________________________________

TAX COLLECTOR:_______________________________________________________________________________________

DISTRICT SUPERINTENDENT OF SCHOOLS:________________________________________________________________

SUPERVISOR OF ELECTIONS:_____________________________________________________________________________

COUNTY COMMISSIONER, DISTRICT_____:_____________________________________________________

(List any other county and district offices involved in the appropriate general election.)

NONPARTISAN

JUSTICE OF THE SUPREME COURT (Add appropriate offices)

Shall Justice_________________of the Supreme Court, be retained in office? ________Yes _______No

DISTRICT COURT OF APPEAL (Add appropriate offices)

Shall Judge_____________of the _______District Court of Appeal, be retained in office? ________Yes _______No

CIRCUIT JUDGE_________JUDICIAL CIRCUIT, GROUP_____:__________________________________________________

COUNTY JUDGE, GROUP______:____________________________________________________________________

SCHOOL BOARD MEMBER, DISTRICT_______:______________________________________________________________

(4) Additional local races, for which the voter may otherwise be entitled to vote, may be inserted in the appropriate places.

(5) For the retention of Justices of the Supreme Court and Judges of the District Court of Appeal, the supervisor shall print the names of the incumbent Justices and judges scheduled to be on the ballot for retention in the election on the write-in ballot.

History

Rulemaking Authority 101.6951 FS. Law Implemented 101.6951 FS. History–New 2-11-02, Amended 12-9-03.

Fla. Admin. Code R. 1S-2.029 Eligibility for Late Registration

History

Rulemaking Authority 97.0555 FS. Law Implemented 97.0555 FS. History–New 5-27-02, Repealed 12-25-13.

Fla. Admin. Code R. 1S-2.030 Vote-by-Mail Ballots for Absent Stateside Uniformed Services and Overseas Voters

(1) Application. This rule applies solely to the request, delivery and return of vote-by-mail ballots for uniformed services voters who are absent stateside and overseas voters as defined in Section 97.021, F.S. For purposes of this rule, the following definitions apply:

(a) “Overseas voter” means:

An absent uniformed services voter who, by reason of active duty or service is absent from the United States as defined herein, on the date of the election involved;
A person who resides outside the United States, as defined herein and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or
A person who resides outside the United States as defined herein and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.

(b) “State” means a State of the United States as defined herein.

(c) “Uniformed services” means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

(d) “United States”, where used in the territorial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, and American Samoa.

(2) Requests. A request for a vote-by-mail ballot shall be submitted in accordance with Section 101.62(1), F.S. In addition to the information required by Section 101.62(1), F.S., the request for a vote-by-mail ballot must also include the following information:

(a) The voter’s requested method of delivery for the blank vote-by-mail ballot (by mail or electronic means such as fax, email or online).

(b) The corresponding destination, whichever is applicable, to either mail, transmit the blank ballot or communicate how to access the blank ballot electronically by some other means:

For mail delivery: An applicable out-of-county mailing address or other deliverable overseas mailing address.
For fax delivery: A fax number and an applicable out-of-county address or overseas address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.
For email or online delivery: An e-mail address and an applicable out-of-county address or overseas address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.

(3) Processing requests. When a supervisor receives a vote-by-mail ballot request from an absent stateside uniformed services or overseas voter, the supervisor shall:

(a) Verify the information provided to determine if the voter is a qualified and registered voter for the election.

(b) Provide, in accordance with the timeframes in Section 101.62, F.S., the appropriate vote-by-mail ballot, the instructions for voting and returning the ballot, and the Voter’s Certificate by the means requested by the voter in subsection (2).

(c) Record the receipt date of the request, the date and manner the vote-by-mail ballot was made available to the voter, and the corresponding delivery destination or manner the blank ballot was provided to the voter.

(d) Ensure that the Supervisor of Elections’ office transmitting and receiving equipment is in a secure location with access limited to the supervisor’s employees and that the vote-by-mail ballot is sent directly to the specified delivery destination requested by the voter. It is the voter’s responsibility to ensure the security of the receiving equipment (e.g. facsimile machine or computer).

(4) Return of Voted Vote-by-Mail Ballot.

(a) An overseas voter has the option to return the voted ballot and signed certificate by mail, by fax, in person or through someone else on behalf of the voter pursuant to the ballot instructions in subsection (8). If the overseas voter returns the ballot by fax, the ballot and Voter’s Certificate must be sent directly to the fax number provided by the Supervisor of Elections or to a fax number provided by Federal Voting Assistance Program of the Department of Defense.

(b) An absent stateside uniformed services voter may return the voted ballot and signed Voter’s Certificate only by mail, in person or have it returned in person by someone else pursuant to the ballot instructions in subsection (8).

(c) No voted vote-by-mail ballot returned by email shall be counted. A voted ballot by fax from an absent stateside uniformed voter shall not be counted.

(5) Deadline to Return Vote-by-Mail Ballot.

(a) To be accepted and counted, a voted vote-by-mail ballot from an absent stateside uniformed services voter must be received by the Supervisor of Elections no later than 7 P.M. election day in the time zone for the county in which the voter is registered.

(b) Overseas voters casting ballots in a presidential preference primary or general election are allowed a 10-day extension. The ballot must be postmarked or dated no later than election day and received by the Supervisor of Elections of the county in which the voter is registered no later than 10 days after election day.

(6) Voter’s Certificate. The Voter’s Certificate for vote-by-mail ballots to all absent stateside uniformed services and overseas voters shall be substantially as follows:

Note: Please Read Instructions Carefully Before Marking Ballot and Completing Voter’s Certificate.

VOTER’S CERTIFICATE

I, ______________, swear or affirm, under penalty of perjury, that I am:

Print Name

A member of the Uniformed Services or Merchant Marine on active duty; or an eligible spouse or dependent of such a member; or a U.S. citizen temporarily residing outside the U.S.; or other U.S. citizen residing outside the U.S.; and,
I am a U.S. citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; and,
I have not been convicted of a felony, or other disqualifying offense or been adjudicated mentally incompetent, or if so, my voting rights have been reinstated; and,
I am not registering, requesting a ballot, or voting in any other jurisdiction in the U.S., except the jurisdiction cited in this voting form.

In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under State or Federal law. I have not been influenced.

My signature and date below indicate when I completed this document.

The information on this form is true and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for conviction for perjury.

Voter’s Signature: _____________________________ Date: / / /

(Month/Day/Year)

Email address: ________________________________ Home Telephone Phone No.:_________________________

Mobile Telephone No.: _____________________________

(7) Secrecy Envelope or Sleeve. The secrecy envelope or sleeve, or if the blank ballot was delivered to the voter other than by mail or in person, a separate sheet, must include the following message in bold font: In order for your vote-by-mail ballot to count, your supervisor of elections must receive your ballot by the applicable deadline stated in your ballot instructions. If you wait to return your ballot, your vote might not count. To prevent this from occurring, please return your voted ballot as soon as possible.

(8) Ballot Instructions. The instructions to be sent with the vote-by-mail ballot to all absent stateside uniformed services and overseas voters shall substantially contain the following statements:

INSTRUCTIONS

READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT

(a) Very Important. In order to ensure that your vote-by-mail ballot will be counted, complete, sign, date and return the ballot and Voter’s Certificate as soon as possible to the Supervisor of Elections of the county in which you are registered. It must be received no later than 7:00 p.m. on election day in the time zone for the county in which you are registered. Overseas voter only: If you are casting a ballot in a presidential preference primary or general election, a 10-day extension applies, provided your vote-by-mail ballot is postmarked or dated no later than election day and received no later than 10 days after the election by the Supervisor of the county in which you are registered to vote. Note that the later you return your ballot, the less time you will have to cure any signature deficiencies, which is authorized until 5 p.m. on the 2nd day after the election.

(b) Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write.

(c) Mark only the number of candidate or issue choices for a race as indicated on the ballot. If you are allowed to “Vote for One” candidate and you vote for more than one candidate, your vote in that race will not be counted.

(d) Very Important. Sign and date the Voter’s Certificate. If you do not sign or date the Certificate, your ballot may not count. If your signature on the Voter’s Certificate does not match your signature on record, your ballot will not count. The signature on file at the time the Supervisor of Elections in the county in which your precinct is located receives your vote-by mail ballot is the signature that will be used to verify your signature on the voter’s certificate. If you need to update your signature for this election, send your signature update on a voter registration application to your Supervisor of Elections so that it is received before your vote-by-mail ballot is received.

(e) Mail, deliver, or have delivered the completed mailing envelope with the voted vote-by-mail ballot and the Voter’s Certificate. To mail or have your voted vote-by-mail ballot and Voter’s Certificate delivered to the Supervisor of Elections:

Place your marked ballot in the secrecy envelope or sleeve provided to you. If the ballot was provided to you other than by mail, use an unmarked envelope as a secrecy envelope. Seal the envelope. Do not seal the Voter’s Certificate in the secrecy envelope or sleeve with the ballot.
Insert the secrecy envelope or sleeve or unmarked envelope into a separate mailing envelope or the provided return envelope. Completely fill out the Voter’s Certificate on the back of that mailing envelope. Or if you received the ballot and certificate other than by mail, place the completed Voter’s Certificate in a separate mailing envelope. Clearly mark the mailing envelope “Vote-by-Mail Ballot Enclosed.”
Mail the ballot to the Supervisor of Elections. If using your own envelope: To mail your ballot free of postage, use the template and printing instructions provided at the following link: https://www.fvap.gov/eo/overview/materials/forms. Otherwise, provide sufficient postage. The completed mailing envelope can be delivered to the office of the Supervisor of Elections of the county in which your precinct is located or dropped off at an authorized secure drop box, available at each early voting location. If you are an overseas voter, be sure you include your overseas address on the return envelope.

(f) If you are an overseas voter, you have the option to fax your vote-by-mail ballot and Voter’s Certificate. Fax your voted ballot and signed and dated certificate to the Supervisor of Elections at (fax phone number) or to a fax number provided by the Federal Voting Assistance Program (FVAP) of the Department of Defense. If faxing your ballot and certificate to FVAP, ensure FVAP has sufficient time to get the ballot and certificate to the Supervisor by the 7:00 p.m. or 10-day deadline, whichever is applicable. If you fax your voted ballot, you will be voluntarily waiving your right to a secret ballot.

(g) Voted ballots returned by regular electronic mail (email) will not be counted. A voted ballot returned by fax from an absent stateside uniformed services voter will not be counted.

(h) Felony Notice. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent.

(9) Processing Returned Vote-by-Mail Ballots and Cure Affidavits.

(a) For each voted vote-by-mail ballot and if applicable, corresponding signature cure affidavit received, the Supervisor of Elections must record the date of receipt and the manner of return. The Supervisor shall attach each affidavit and identification received to the corresponding vote-by-mail ballot mailing envelope.

(b) Upon receipt by mail of a voted vote-by-mail ballot in an envelope other than a vote-by-mail ballot mailing envelope provided by the Supervisor, the canvassing board is authorized to open the mailing envelope to determine if the Voter’s Certificate is enclosed. If the Voter’s Certificate is not enclosed, the secrecy envelope or sleeve containing the ballot shall not be opened and the envelope shall be marked “Rejected as Illegal.” If the Voter’s Certificate is enclosed, the Voter’s Certificate shall be reviewed and processed in accordance with Section 101.68, F.S., including notifying the voter, as soon as is practicable, about a signature deficiency on the voter certificate.

(c) Upon determination by the canvassing board that the voter was eligible to vote, the ballot shall be processed as other vote-by-mail ballots. If the vote-by-mail ballot was originally faxed or emailed to the voter, or the voter accessed the ballot electronically by some other means, the returned ballot shall be removed from the envelope and duplicated pursuant to Section 101.5614, F.S., so that it can be processed through the tabulating equipment.

(d) Upon receipt by fax of a voted vote-by-mail ballot from an overseas voter, the Supervisor of Elections shall enclose the ballot in an envelope and seal it in order to preserve secrecy. The Voter’s Certificate and any corresponding signature cure affidavit, and identification, shall be attached to the envelope, reviewed, and processed in accordance with Section 101.68, F.S. Upon a determination by the canvassing board that the voter was eligible to vote, the ballot shall be removed from the envelope and duplicated so that it can be processed through the tabulating equipment.

(10) Confidentiality. The Supervisor of Elections and the Supervisor’s staff shall take the steps necessary to keep the voted vote-by-mail ballots received by fax as confidential as possible.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.697 FS. Law Implemented 101.62, 101.64, 101.65, 101.6923, 101.697 FS. History-New 5-27-02, Amended 11-26-03, 9-13-04. 9-6-07, 7-1-12, 3-20-14, 2-13-20.

Fla. Admin. Code R. 1S-2.031 Recount Procedures

(1) Procedures. The Department of State, Division of Elections, is required to adopt detailed rules prescribing additional recount procedures for certified voting systems, which shall be uniform to the extent practicable. Form DS-DE 405 (effective 06/22), entitled “Recount Procedures Manual,” is hereby incorporated by reference and available at the following link: https://www.flrules.org/Gateway/reference.asp?No=Ref-14411. The form is also available by download from the Division of Elections’ rules webpage at: http://dos.myflorida.com/elections/, by requesting a copy by phone (850)245-6200 or by mail from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

(2) Requirements for certification and use of an independent recount tabulation system for recounts. The Department of State, Division of Elections, is required to adopt procedures for certification and use of automatic tabulating equipment that is not part of a voting system.

(a) Certifying body. Any person desiring to have an independent recount tabulation system approved for use in Florida shall submit a letter to the Bureau of Voting Systems Certification, Division of Elections, Department of State, requesting certification and providing the independent recount tabulation system’s technical data package and other items as deemed necessary to determine whether the system will be recommended for this purpose in the state.

(b) Criteria. The independent recount tabulation system must satisfy the following criteria prior to certification:

Be completely independent of any voting system certified in the State of Florida. The independent recount tabulation system must not contain any proprietary election-related hardware or software in common with a voting system certified for use in the State of Florida. Any commercially available software or hardware shared between the two systems must not be modified. However, information used to decode the ballot artwork and any barcoding schemes on ballots may be shared from the primary vote tabulation system to the independent recount system.
Be capable of tabulating ballots produced by the primary voting system.
Comply with the certification standards for a central count tabulator pursuant to Section 101.015, F.S., and Rule 1S-5.001, F.A.C.
Be fast enough to produce final, public recount results no later than the statutory deadline.
Be capable of operating without vendor support to use the system. If desired, however, a county may choose to use the independent recount tabulation system’s vendor support.
Be capable of examining marked ballots to determine a valid vote, no vote, and marginal mark.
Be capable of physically or digitally segregating unreadable ballots, and physically or digitally segregating overvoted or undervoted ballots pursuant to Section 102.166, F.S.
Be capable of displaying or reporting results only for those races that are being recounted.
Be capable of identifying the physical storage location of each specific ballot based on the designated paper ballot image if digital images are used.
By January 1, 2023, all independent recount tabulation systems submitted for certification in the State of Florida must be capable of producing election results and precinct-level election results pursuant to Section 98.0981, F.S., and Rule 1S-2.053, F.A.C.
Reflect that the recount results will be uniform for all properly marked ballots regardless of which approved scanner is used.
All examination and testing of the independent recount tabulation system shall occur in Tallahassee, Florida, at a location provided by the vendor, unless examination and testing can be conducted at the Bureau of Voting Systems Certification’s physical location. If there are associated costs beyond this, the vendor shall reimburse the Department of State an amount equal to the actual costs incurred by the department in its testing and examination of the independent recount tabulation system. Reimbursable actual costs of testing include reasonable travel costs such as lodging, car rental, parking, gas, airfare, travel-related fees and in the case of meals, not to exceed the per diem rate established per Section 112.061(6), F.S.

(c) Notice. Notice of approval or denial will be provided within 45 days after all examination and testing of the independent recount tabulation system is completed.

(d) Authorized sale and use. After certification of an independent recount tabulation system, any changes to the system require the new system to be submitted to the Bureau of Voting Systems Certification for testing and certification prior to use in the State of Florida. No governing body shall purchase or cause to be purchased any independent recount tabulation system unless such equipment has been certified for use in this state by the Department of State. A vendor of automatic independent recount tabulation systems may not provide an uncertified recount system, recount system component, or recount system upgrade to a local governing body or supervisor of elections for official use in this state.

History

Rulemaking Authority 20.10(3), 97.012(1), 102.141, 102.166(5) FS. Law Implemented 102.141, 102.166 FS. History–New 5-30-02, Amended 4-13-04, 11-3-05, 1-24-16, 6-27-22.

Fla. Admin. Code R. 1S-2.032 Uniform Design for Election Ballots

(1) Purpose. This rule prescribes a uniform ballot design for primary and general elections for each type of certified voting system.

(2) Definitions. For purposes of this rule:

(a) “Audio ballot” means an electronic voting device which audibly reads a ballot and permits the voter to select choices.

(b) “Contest title” means the office title for a race on the ballot in which candidates are seeking an elected office, e.g., “Attorney General” or “County Commissioner, District 2.” It also includes the title for a public measure on the ballot, e.g., “Constitutional Amendment,” “County Referendum,” or “City Referendum.”

(c) “Font size” means the size of the printed characters on the ballot. Font size is measured in millimeters (mm) and points. A point equals 0.353mm.

(d) “General election” refers to a general election as defined in Section 97.021, F.S.

(e) “Hybrid voting system” means an electronic or electromechanical device by which a voter interacts with an electronic visual display to produce a paper output that contains the contest titles and the voter’s selections, and may also contain, but not be limited to, a barcode or other machine-readable optical label containing the voter’s selections.

(f) “Manual marking device” means a roller-ball pen, or felt pen, which leaves an identifiable ink mark on a paper ballot.

(g) “Paper ballot” means an election ballot made of paper to be tabulated by optical scan and for use by a voter to select choices on a vote target by using a manual marking device.

(h) “Primary election” refers to a primary election as defined in Section 97.021, F.S.

(i) “Presidential Preference Primary” refers to a presidential preference primary election in Section 103.101, F.S.

(j) “Visual display ballot” means an electronic display for a voter to select choices as shown on the display, which may be on a touchscreen device or a personal computer display.

(k) “Vote target” means an area on the ballot where the voter indicates his or her vote. The vote target shall be an oval.

(l) “Universal Primary Contest” refers to a contest in a primary election in which all candidates for an office have the same party affiliation and the winner of that contest will have no opposition in the general election. In a universal primary contest, all qualified electors may vote in the primary for that office, regardless of party affiliation.

(3) Ballot language.

(a) The official language for a ballot is English.

(b) Spanish language translations of the ballot will be made available in at least one of the forms provided for in Section 97.021(5), F.S., and into other languages and forms when required by law or court order. This rule does not prohibit a supervisor of elections from translating the ballot into additional languages as he or she determines is necessary to accommodate the respective electorate.

Separate ballots for each language, except in counties subject to multi-language ballot requirements by Section 101.151(8), F.S., and section 203 of the federal Voting Rights Act.
In counties subject to multi-language requirements, all languages on the same ballot, with English appearing first and Spanish appearing second, unless authorized pursuant to Section 101.151(8), F.S., and section 203 of the federal Voting Rights Act.
Notwithstanding the requirements of subparagraph (3)(c)1., nothing prohibits a supervisor of elections from including all languages on the same ballot, with English appearing first and Spanish appearing second, as he or she determines is appropriate to accommodate the respective electorate.

(4) Ballot font, alignment, and columns.

(a) Font. The minimum and maximum font sizes for the different ballots are:

Paper ballots: The minimum font size is 10-point type (3.5mm), except the minimum font size for the ballot title is bold, 12-point type (4.2mm). The maximum font size for a paper ballot is 12-point type (4.2mm), except the maximum font size for the ballot title is bold, 14-point type (5 mm).
Visual display ballot: The minimum font size is 14-point type (5 mm) and the maximum font size is 24-point type (8.5 mm).
All fonts on a ballot shall be within the same sans-serif font family (a narrow version of the same font is considered within the same font family). Sans-serif font means a typeface that does not have small projecting features (serifs) at the end of characters. Recommended fonts are: Arial, Helvetica, Tahoma or Univers. All fonts shall be black. Colored text, however, may be used on the ballot to differentiate between precincts or ballot type (e.g., early voting, vote-by-mail ballot, or election day ballot); in the ballot footer to direct the voter to vote both sides of the ballot page as specified in paragraph (10)(g), below; and on a visual display ballot as specified in paragraph (11)(a), below.
Each category on a ballot shall have consistent font sizes; for example, if one candidate’s name is in 10-point type, the names of all candidates on that ballot shall be in 10 point type.
Unless specified by this rule, the font shall not be in bold type.
A ballot shall not contain an ampersand, “&”, in any of its titles or text.
The contest titles and ballot title for issues shall be in bold and in upper and lower case font. The ballot summary or, when applicable for a proposed constitutional amendment or revision, the financial impact statement, shall be in upper and lower case font followed by the choices of Yes and No.
The appropriate three-letter party affiliation or no party affiliation (NPA) for candidates shall be in all capital letters.

(b) Alignment. Unless otherwise indicated herein, all type on a ballot shall be aligned to the left of the page or column, as applicable. The ballot title and the ballot instructions may be centered or aligned to the left on the page or column. If the instructions appear in the leftmost column, there shall be no individual races below the column.

A paper ballot page shall contain no more than four columns.
A visual display ballot shall contain no more than two columns.
All candidates for the same race shall appear on the same page and in the same column on a paper ballot or entirely on one screen page of the default setting for a visual display ballot, except as otherwise specified within this rule. A voter may magnify the default setting of a visual display ballot so that all candidates in the same race may not appear on one screen page.
No issue or public measure choices of Yes and No shall be split between columns or pages.
No judicial merit selection and retention question on the ballot shall appear in more than one column, span more than one column, or extend onto another side or page of the ballot. However, each separate retention question relating to the same or different category of judicial retention may be split.

(5) Ballot Title. The ballot title shall be printed single-spaced, flush left or centered across the top of the first page of a paper ballot and on the first ballot screen of a visual display ballot. The date of the election within the ballot title shall list the full name of the month, the numeric day, and full numeric year (for example, November 3, 2020). The ballot title, in bold upper and lower case letters, shall be printed on the ballot for each election in no less than two and not more than four lines for each language in which the ballot is printed, for example:

Official Presidential Preference Primary Election Ballot

(date of election)

(name) __ Party

[Insert county name], Florida

Official Primary Election Ballot, (date of election)

(Insert name of Party or insert Nonpartisan, as applicable), [Insert county name], Florida

Official General Election Ballot

(date of election)

[Insert county name], Florida

Official Special Election Ballot

(date of election)

[Insert county name], Florida

Official Special Primary Election Ballot

(date of election)

(Insert name of Party or insert Nonpartisan, as applicable)

[Insert county name], Florida

(6) Contest title. After the instructions, the title of each contest on the ballot shall appear either against no background or a lightly shaded background in bold, upper and lower case font. The contest title involving a public office shall appear as prescribed for office titles in Section 101.151, F.S., e.g., State Senator. Additionally, the contest title for a constitutional amendment shall read: No. ___ Constitutional Amendment, Article ____, Section ____.

(7) Listing of election contests. Under each ballot title, the ballot shall list the contests in the order specified in Sections 101.151 and 105.041, F.S., and as further specified herein as follows:

(a) Partisan offices.

Federal office.
State office.
County office.
Municipal office.
District and special district office. The order of district and special district offices on a ballot shall be: multi-county, county, municipal, and districts covering a geographical area less than municipal. The special districts within each listing shall be listed alphabetically.
Party offices. The order of placement shall be state, district, and precinct committeemen and committeewomen.

(b) Nonpartisan offices.

Justice of the Supreme Court (judicial merit selection and retention).
Judge of a District Court of Appeal (judicial merit selection and retention).
Circuit Judge (election or merit selection and retention).
County Judge (election or merit selection and retention).
Nonpartisan county office. If a county elects county officers listed in Section 101.151, F.S., on a nonpartisan basis, the order of those offices shall be the same as the order in Section 101.151, F.S. for partisan offices and shall appear before the contest for school board member.
School Board Member.
Nonpartisan municipal office.
Nonpartisan district and special district office. The order of district and special district offices on a ballot shall be: multi-county, county, municipal, and districts covering a geographical area less than municipal. The district and special districts within each listing shall be listed alphabetically, with district offices listed before special district offices.

(c) Candidate names. Names of candidates shall be in upper and lower case font. The space between candidate names in the same contest may be single-spaced or double-spaced.

(d) Issue or public measure.

Statewide constitutional amendment or other statewide public measure.
County public measure including local option for merit selection and retention or election for circuit or county judge.
Municipal public measure.
Special district public measure. Special district public measures shall be listed in the same order as special district offices.

(8) Contest instructions. Immediately below the contest title for public office, the ballot shall instruct the voter about his or her choices as follows:

(a) In contests for office in which the voter may make only one choice, including offices with paired or joint candidates, the instruction shall read: (Vote for 1) or it may be spelled out as (Vote for One).

(b) In contests for office in which the voter may make more than one choice, the instruction shall read: (Vote for up to [enter number to be elected]). The number may be written numerically or spelled out.

(c) When a primary election includes one or more Universal Primary Contests, the phrase, Universal Primary Contest, shall appear in bold beneath the office title of the Universal Primary Contest and before the contest instruction.

(9) Contest choices.

(a) Candidate names other than write-in candidates.

The list of names of nominees or candidates shall follow the instructions for contest choices as set forth in subsection (7).
Each nominee or candidate’s name shall be displayed in the following order notwithstanding any other order or designation as indicated on the candidate oath per Section 99.021, F.S.

a. First name or a shortened form as provided by the candidate or nominee (e.g., Rob, instead of Robert, or J. instead of James). A period shall immediately follow any designation of a first initial.

b. Middle initial or middle name, and if applicable, a bona fide nickname by which the candidate or nominee is commonly or customarily known. If the oath includes both the first and last names and the nickname of a candidate, the nickname shall be enclosed in quotation marks (e.g., Garrett R. “Gator” Cane) on the ballot. If the candidate does not indicate on the oath that the nickname should be included with the candidate's first name (e.g., Ted Davis printed on the oath for a candidate named Thomas Eugene Davis; or Dottie Smith printed on the oath for a candidate named Doris Smith), the nickname shall not be in quotation marks on the ballot (e.g., Ted Davis, not “Ted” Davis; or Dottie Smith, not “Dottie” Smith). A period shall immediately follow any designation of any middle initial(s).

c. Surname (last name).

d. Suffix such as Sr or Jr or II or sequential numbers. No comma shall be included in the name before any suffix and no period shall be included after a suffix; for example, the name on the ballot shall appear as John O. Doe Jr without further punctuation.

The name of each nominee or candidate shall be in upper and lower case letters.
Each name of a nominee or candidate shall be associated with a corresponding vote target.

a. The name(s) shall appear after the oval vote target on the same line.

b. The name of the second candidate or nominee in a paired or joined candidacy shall appear indented under the name of the principal candidate. Only the principal candidate’s name shall have the party designation and vote target associated with it.

(b) Write-in candidates.

In a contest in which one or more write-in candidates have qualified, the phrase “Write-in” or “Write-in Candidate” shall appear directly after the end of the list of candidate names printed or displayed on the ballot for that contest. A blank line shall be placed after or immediately over Write-in or Write-in Candidate, and a corresponding vote target shall be associated with the blank line. In a contest with joint candidacies, no second write-in line is required.
In a contest in which multiple candidates may be selected and more than one write-in candidate has qualified, the phrase “Write-in” or “Write-in Candidate” shall be added and a blank line for each number of selections, or for each number of qualified write-in candidates, whichever is less, shall appear on the ballot. The write-in option shall be added directly below the list of candidate names printed on the ballot for that contest and a corresponding vote target shall be associated with each blank line with the word Write-in (or the words Write-in Candidate) immediately preceding the blank line or over it. For example, when a contest is “Vote for up to 2,” and three write-in candidates have qualified, the contest would reflect the phrase “Write-in” or “Write-in Candidate(s)” and have two blank lines placed after or immediately over the word Write-in or words Write-in Candidate(s) with a corresponding vote target associated with each blank line to ensure that voters could write in the names of two of the three qualified write-in candidates if they so choose.

In a general election, the appropriate three-letter abbreviation of a political party name or no party affiliation (NPA) in capital letters shall be included for each candidate or pair of candidates in a partisan contest. The party abbreviation shall appear on the same line to the right of the candidate’s name or the first candidate’s name of a paired or joint candidacy.
The party abbreviation placed on the ballot shall be the same abbreviation the Division of Elections assigns to the registered political party or as appears on the Division’s official certification of candidates for the election. The party abbreviation shall not be enclosed in parentheses.
The party abbreviation shall not be included on primary election ballots, unless there is a Universal Primary Contest on one or more ballot styles in the county. In a Universal Primary Contest, the names of all candidates for all partisan offices, including candidates for the Universal Primary Contest, shall be displayed with an appropriate abbreviation of the party name.

(d) Incumbent designation. When the law permits the ballot to designate the incumbent on the ballot, the word incumbent shall appear in lower case letters to the right of the incumbent’s name.

(e) Multiple contests under one contest title. When there are multiple contests under one contest title (e.g., judicial retention or party office (committeemen and committeewomen) contests), the contests shall be separated by a solid line across the column in which the contest appears.

(10) Paper ballots.

(a) Paper stock. Paper ballots shall be on applicable paper stock so they may be properly read by the optical scan voting equipment. The paper ballot’s size shall be a minimum of 8 1/2'' x 11'' to a maximum of 8 1/2'' x 22'', not including optional ballot stubs that may be included on the ballot.

(b) Paper color. The ballot color shall be white. Color markings may be on the white-colored ballot.

Ballot stub. An optional ballot stub of a minimum length of one inch to a maximum length of three inches may be located at the top or bottom of the paper ballot with the bottom being the preferred location. The stub should have a control number that may be used for later reconciliation of ballots.
Barcode. A paper ballot may contain an optional barcode to identify:

a. The ballot, which barcode may be on the ballot, the ballot stub, or both. This barcode shall only identify the party, precinct, ballot style, page number, or type of ballot. The barcode may not be used in any manner to identify the voter.

b. The voter’s voted choices on the ballot, which barcode may be located in any area of the ballot, except within the area containing the contests. This barcode shall only contain the voter’s selections and may not be used in any manner to identify the voter.

(d) Ballot Instructions.

Ballot instructions shall appear flush left or centered in normal or bold font with a minimum size of 10-point type (3.5mm) immediately below the ballot title either across the page or in the first column. The following instructions or substantially similar instructions shall appear:

a. To vote, fill in the (oval) completely (insert picture of filled oval) next to your choice. Use (insert type(s) of appropriate marking device).

If you make a mistake, ask for a new ballot. Do not cross out or your vote may not count.

b. Where a write-in candidate has qualified, add an additional instruction to read:

To vote for a write-in candidate, fill in the oval and print the name clearly on the blank line provided for the write-in candidate.

The space for marking the vote target shall comply with the voting system’s specifications.
In contests for retention, constitutional amendments or other public measures, the choices Yes and No shall follow the ballot question in upper and lower case letters on separate lines.

(e) Vote target. The vote target must be an oval, and shall be in black outline. The alignment of the vote target shall be at an available location that allows it to be flush or indented from the left margin.

(f) Ballot front page. The front page of the paper ballot shall conform to the following requirements:

The ballot title shall appear as set forth in subsection (5).
The election contest(s) shall appear as set forth in subsections (6), (7), (8), and (9).

(g) Ballot footer. A ballot footer shall appear on the bottom of the front page and the bottom of the reverse page if one or more contests appear on the reverse page of the ballot. The text shall be in bold, upper and lower case text, with a minimum font of 10-point (3.5mm) type, and read: Vote Both Sides of Page.

(h) Reverse side of ballot front page. The reverse side of the first page of the paper ballot, if a reverse side is required, shall conform to the requirements for the front page of the ballot, except the ballot title and ballot instructions need not be included.

(i) Multiple ballot sheets. A second ballot sheet of paper and any additional ballot sheets of a paper ballot, if applicable, shall conform to the requirements of the reverse side of the first page of a paper ballot. When multiple ballot sheets exist, page numbers for each ballot page may be inserted for clarification. If page numbers are used, both the current page number and the total page count shall be provided and be located in the same place on each page; for example, Page 1 of 4, Page 3/4, 3 of 5, or similar notations.

(j) Contest designation. Each contest title on the paper ballot shall be in a box outlined in black type or, in the absence of an outline box, each contest title shall have a straight black line above the top of the contest title.

(11) Visual display ballots.

(a) Display.

The initial or welcome screen shall contain the ballot title set forth in subsection (5), and may have an icon for the county’s seal. The start of the visual introduction or welcome screen can be manual or automatic and may continue on more than one screen.
The visual display may have accompanying audio which reads the text on the visual display ballot.
The visual display ballot may have color background and color text.
The visual display may have contrast and magnification capabilities.

(b) Choice selection. The voter must be able to make selections using a keyboard, number keypad, tactile device, assistive device, mouse, or finger touch.

(c) Ballot instructions. The visual display ballot instructions may appear at any point before the contest choices or may be posted separately and prominently in each voting booth. The instructions on a visual display ballot shall inform the voter how to:

Select a language other than English for the ballot and have the remainder of the visual display ballot displayed in the selected language. This instruction is only required if two or more language choices are offered or required in the county for its voting system.
Start voting the ballot.
Mark a choice and how that choice will be reflected or appear on the screen, to include how to vote for a write-in candidate.
Vote for a qualified write-in candidate whose name is not printed on the ballot. This instruction is to be added in which one or more write-in candidates have qualified for an office.
Change or undo a choice if the voter changes his or her mind on a particular candidate or issue.
Proceed to the next ballot page.
Go back a screen.
Review his or her choices before casting the ballot.
Cast the ballot in order for his or her vote to be recorded.

(d) Contest title. Before the listing of the election contests on a visual display ballot, the contest title shall appear as specified in subsection (6).

(e) Contest order. The visual display ballot shall list the contests in the order specified in subsection (7).

(f) Contest choices.

Below the contest title, the ballot shall direct the voter about the choices in each contest as specified in subsection (8).
Each screen of a visual display ballot may have one or more contests on the screen.
Each screen of the visual display ballot shall display all candidates in a contest, but if not all candidates can be displayed at the minimum font size on one screen, the visual display shall indicate that additional candidates are on a following display or on a scroll display.
The vote target shall be flush or indented on either the left or right side.
The selection of choice may be made at the vote target or anywhere on the line containing the vote target.
For any public measures, the text may be displayed on as many screens as necessary to accommodate the text. Any coding of the text shall be displayed in the same manner as on paper ballots.

(g) Undervoted contest. The visual display ballot shall indicate to the voter when the voter did not select the total number of allowable vote(s) in a contest.

(h) Final instructions before casting the ballot.

The visual display shall indicate to the voter if the voter is about to cast a blank ballot and that no vote on the ballot will be counted.
The visual display shall allow the voter to review the ballot and make any desired changes.
The visual display shall provide a clear instruction how to cast the ballot and confirm whether the voter desires to cast the ballot.
The visual display shall visually display that the ballot was cast and voting is complete.

(12) Hybrid voting system.

(a) Electronic display requirements. The electronic display for a hybrid voting system shall comply with the requirements for a visual display ballot contained in this rule.

(b) Paper output requirements. The font of the paper output must be no less than 10-point type and the paper output itself may be of any size and format so long as it includes all contests and selections and the output can be properly tabulated. The paper output must contain:

Human readable text without abbreviations or shortened text for the ballot title, except dates may be in all numeric text, for example, 08/26/2014;
Human readable text identical in content as displayed on the visual display ballot for each contest title for which the voter made a selection;
Human readable text identical in content as displayed on the visual display ballot for the voter’s selections in each contest; and,
If the paper output is designed for the tabulator to read the barcode or optical label, a corresponding barcode or other machine-readable optical label for each of the voter’s selections.

(13) Audio ballot.

(a) Audio format.

The audio system shall allow the voter to change the volume at any point in the balloting process.
An audio voting device may have both a visual display ballot and an audio ballot separately or in combination.
Audio can be synthesized voice or recorded human speech, which speech may be a male or female voice.
The audio ballot shall have the capability for a voter to use either a headphone or tactile interface device to listen to the audio.
The audio ballot must produce auditory feedback tones for providing important and necessary information to the voter.
All instructions, information, text, and candidate names shall be given without voice inflection so as to favor or disfavor any potential selection.
The order of election contests on the audio ballot shall be the same as the requirements in subsection (7).

(b) Audio introduction. The start of the audio introduction can be manual, automatic, or continual repetition. The default language for the audio ballot is English. The introduction shall repeat itself in all applicable languages until the voter confirms to continue with the ballot in English or makes a change to a different language. The introduction must have instructions regarding how the voter may select an additional language. If the voter chooses another language, the remainder of the audio shall be in the selected language.

The ballot title, party identification for a primary election, and the number of contests on the ballot.
How to have an instruction repeated.
How each contest is indicated on the ballot, and if applicable, the number associated with the contest to facilitate the voter’s ability to locate the contest on the ballot.
How to return to a previous contest on the ballot.
How to proceed from one contest to another or from one candidate to another.
How to make and change a selection in a contest.
How to repeat the selections made.
How to confirm a choice that has been made.
How to enter a write-in candidate’s name and vote for the write-candidate.

(d) During the voting session, the audio ballot shall inform the voter of:

The contest title and optional contest number of the contest, the number of available votes which can be cast in the contest, the number of candidates for the office, the candidates’ names and their corresponding party designation, if included on the ballot, and whether a candidate is an incumbent if authorized by Section 101.151, F.S.
Any constitutional amendment as specified in the following order:

a. No. ____ Constitutional Amendment, Article ____, Section ____.

b. The ballot title for the proposed amendment.

c. The ballot summary for the proposed amendment, or when applicable, the full text of the proposed constitutional amendment or revision, followed by the financial impact statement, if provided.

d. The choices of Yes and No.

Any other public measure in the following order: the ballot title, ballot summary, and the choices of Yes and No.
When the voter has not made a selection in a contest or has selected less than the allowable number of choices for the contest.
How the voter can change or undo a selection for a candidate or choice.
How the voter can continue to the next contest on the ballot.
That the voter has reached the end of the ballot.
Review his or her choices before casting the ballot and to make any desired changes.
How to cast the ballot.
A confirmation that the ballot was cast and that voting has been completed.

(14) Deviation from the rule.

A supervisor of elections may reasonably deviate from those requirements to the extent necessary for any of the following reasons:

(a) There are more candidates for a contest than will fit in one column or screen.

(b) The candidate’s name is longer than will allow the party abbreviation to fit to the right of the candidate’s name.

(d) The party abbreviation cannot be printed in the minimum font size without going onto a second line.

(e) Printing the (Vote for 1) or (Vote for up to [enter number to be elected]) designations in the minimum font size will require an additional ballot card.

(f) The voting system will not permit the suppression of party abbreviations on ballots when a universal primary contest exists.

(g) Any other extraordinary circumstances which cannot reasonably be accommodated except by deviation from the requirements of the rule.

(15) Graphic depiction of ballots.

(a) The forms in this paragraph represent illustrations of uniform presidential preference primary, primary, and general election ballots which may be adapted to each type of voting system certified in Florida based upon the requirements of each voting system and this rule (e.g., font size, flush left or centering of the ballot title, and placement of ballot instructions in the first column or centered across the page). Common examples of adaptations may include, but not be limited to, the insertion of timing marks and barcodes on the ballot, precinct designations, vote targets being of a different type, or vote targets being at a different location on the ballot; otherwise, the ballot used in an election shall be substantially in accordance with one of the following applicable forms:

DS-DE 200 (eff. 04/2020), Presidential Preference Primary ballot (http://www.flrules.org/Gateway/reference.asp?No=Ref-11593);
DS-DE 201 (eff. 04/2020), Democratic Primary ballot, not containing a universal primary contest (http://www.flrules.org/Gateway/reference.asp?No=Ref-11594);
DS-DE 202 (eff. 04/2020), Republican Primary ballot, not containing a universal primary contest (http://www.flrules.org/Gateway/reference.asp?No=Ref-11595);
DS-DE 203 (eff. 04/2020), Nonpartisan Primary ballot, not containing a universal primary contest (http://www.flrules.org/Gateway/reference.asp?No=Ref-11596);
DS-DE 204 (eff. 04/2020), Democratic Primary ballot, containing a universal primary contest (http://www.flrules.org/Gateway/reference.asp?No=Ref-11597);
DS-DE 205 (eff. 04/2020), Republican Primary ballot, containing a universal primary contest (http://www.flrules.org/Gateway/reference.asp?No=Ref-11598);
DS-DE 206 (eff. 04/2020), Nonpartisan Primary ballot, containing a universal primary contest (http://www.flrules.org/Gateway/reference.asp?No=Ref-11599);
DS-DE 207 (eff. 01/2016), General Election ballot (https://www.flrules.org/Gateway/reference.asp?No=Ref-06441); and,
DS-DE 208 (eff. 01/2016), Hybrid Voting System Primary Election Paper Output Receipt (https://www.flrules.org/Gateway/reference.asp?No=Ref-06432).

(b) The forms in paragraph (a), are hereby incorporated by reference and may be obtained from the Division of Elections, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6200, or may be printed directly from the Division of Elections’ website.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.151(9), 103.101(6), 105.041(2) FS. Law Implemented 103.021, 101.151(9), 101.161, 101.5608(3), (4), 105.041 FS. History–New 6-6-02, Amended 9-8-02, 07-13-04, 2-18-16 (1), (2)(f), (12), (14), (15)(a)9, 1-1-17, 4-23-20.

Fla. Admin. Code R. 1S-2.033 Standards for Nonpartisan Voter Education

(1) Voter Guide. As part of their voter and voting education efforts, the county supervisors of elections shall use a voter guide.

(a) The voter guide may be based on a voter guide developed by the Department of State that incorporates county specific information as required below or may be created entirely by the supervisor. The voter guide shall include the following information:

How to register to vote including how to register by mail.
Where to obtain voter registration applications.
Dates for upcoming elections and early voting periods.
Registration deadlines for the next primary and general election.
How voters can update their voter registration information such as changes in name, address or party affiliation.
How voters can update their signatures and why is it important to keep the signature current.
Information on how to obtain, vote and return a vote-by-mail ballot.
The Voter’s Bill of Rights and Responsibilities pursuant to Section 101.031, F.S.
Polling information including what times the polls are open, what to bring to the polls, the list of acceptable IDs, and what to expect at the polls including when the voter may vote a provisional ballot.
What is meant by ‘Florida is a closed Primary Election state.’
Information on how voter information cards are issued when there is a change in polling place or precinct.
Instructions on the county’s particular voting system.
Supervisor’s contact information.
Supervisor’s website address.
Any other information the supervisor deems important.

(b) The supervisor of elections shall make the voter guide available on his or her website and upon request, at the following locations:

Any voter registration agency designated under the National Voter Registration Act of 1993. A voter registration agency is any public library, any office that provides services for persons with disabilities including any center for independent living, any office for public assistance, and any military recruitment office.
The supervisor’s office.
A community center.
A post office.
A county governmental office.
At any registration drive conducted by the supervisor of elections.

(2) Website. Each supervisor of elections shall maintain a website that includes voter and voting information. This requirement may be satisfied by providing a link to a webpage containing such information via the county’s website. The website or link shall include, at a minimum:

(a) The county’s voter guide.

(b) Information on how to obtain a copy of the voter’s sample ballot for an upcoming election or a direct hyperlink to a sample ballot for the upcoming election.

(d) Only if feasible, a polling place or precinct finder that allows a voter to determine his or her precinct or polling place.

(3) Voter Registration/Education and Training Programs. A county supervisor of elections shall:

(a) Conduct at least once a year a high school voter registration/education program in each public high school in the county. The program must be developed in cooperation with the local school board and be designed for maximum effectiveness in reaching and educating high school students who are eligible to pre-register or register.

(b) Conduct at least once a year a college voter registration/education program on each college campus in the county. This program must be designed for maximum effectiveness in reaching and educating college students.

(c) Provide, upon reasonable request and notice, voter registration workshops for individuals and organizations sponsoring voter registration drives.

(d) Assist, upon reasonable request, voter registration agencies designated under the National Voter Registration Act of 1993, including to help distribute and collect voter registration applications submitted through these agencies.

(e) Conduct demonstrations of the county’s voting equipment in community centers and senior citizen residences, and for various community groups, including minority and disability groups.

(4) Notices and public announcements. A county supervisor of elections shall:

(a) Post at the supervisor’s office, the Voter’s Bill of Rights and Responsibilities as set forth in Section 101.031, F.S., and at each polling place during the early voting period and on Election Day.

(b) Participate in available radio, television and print programs and interviews, in both general and minority media outlets, to provide voting information.

(c) Publish in the newspaper sample ballots or alternatively, may mail sample ballots to registered voters in accordance with Section 101.20(2), F.S.

(d) Provide notice of changes of polling places and precincts to all affected registered voters as required by Section 101.71, F.S.

History

Rulemaking Authority 20.10, 97.012(1), 98.255 FS. Law Implemented 98.255 FS. History–New 5-30-02, Amended 9-13-09.

Fla. Admin. Code R. 1S-2.034 Polling Place Procedures Manual

The Department of State, Division of Elections, is required to create a polling place procedures manual to guide election officials and poll workers in the proper implementation of election procedures and laws. Form DS-DE 11 (effective 07/2024), entitled “Polling Place Procedures Manual,” is hereby incorporated by reference and available at the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-16732. The manual may also be used to train the election board. The form is also available by download from the Division of Elections’ rules webpage: dos.fl.gov/elections or from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200.

History

Rulemaking Authority 20.10(3), 97.012(1), 102.014(5) FS. Law Implemented 97.055, 97.061, 98.461, 100.011, 100.061, 101.021, 101.031, 101.043, 101.045, 101.048, 101.049, 101.051, 101.111, 101.131, 101.23, 101.49, 101.5601, 101.5608, 101.5610, 101.5611, 101.5614, 101.56062, 101.56075, 101.69, 102.012, 102.014, 102.031, 104.20 FS. History–New 7-4-02, Amended 1-25-04, 3-16-06, 1-1-08, 8-13-08, 8-25-10, 1-18-12, 6-19-14, 4-23-20, 6-4-24, 7-31-24.

Fla. Admin. Code R. 1S-2.035 Polling Place Accessibility Survey

History

Rulemaking Authority 101.715 FS. Law Implemented 101.715 FS. History‒New 3-9-03, Repealed 11-1-15.

Fla. Admin. Code R. 1S-2.036 Complaint Process for Violations of the National Voter Registration Act of 1993 and the Florida Election Code

(1) The Florida Department of State has primary jurisdiction to resolve through an informal resolution process complaints submitted by any person who is aggrieved by a violation of the National Voter Registration Act of 1993 or a violation of a voter registration or removal procedure under the Florida Election Code. Such complaints can only be filed under Section 97.023, F.S., if the alleged violation was committed by the Florida Department of State, a voter registration agency, a supervisor of elections, the Florida Department of Highway Safety and Motor Vehicles, or an Armed Forces Recruitment Center. If the complaint involves the Florida Department of State, a mediator other than a department employee is to be appointed by the Governor.

(2) To initiate the informal dispute resolution process under Section 97.023, F.S., a person must submit a written complaint to the Florida Department of State. Such person shall use Form DS-DE 18 (eff. 01/06), entitled “NVRA Complaint,” which is hereby incorporated by reference. This complaint form may be obtained by contacting the Division of Elections at (850)245-6200, by requesting the form from the Division of Elections, 3rd Floor, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399 or by downloading the form from the Division of Elections home page at: http://election.dos.state.fl.us.

History

Rulemaking Authority 20.10, 97.012(9), 97.023 FS. Law Implemented 97.023 FS. History–New 1-29-06.

Fla. Admin. Code R. 1S-2.037 Provisional Ballots

(1) Notice of Rights. A written notice, entitled “Notice of Rights for Provisional Ballot Voters” must be provided to each person who casts a provisional ballot during early voting or on election day. Notices and forms shall be made available in English and Spanish. The notice must include the following:

(a) Contact information for the Supervisor of Elections including phone number, facsimile number, e-mail address, mailing address, website address, and office address.

(b) The following statements:

If this is a primary election, you should contact your supervisor of elections’ office immediately to confirm that you are registered and can vote in the general election.
You have the right to provide written evidence supporting your eligibility to vote to the Supervisor of Elections no later than 5:00 p.m. of the second day following the election.
If you voted a provisional ballot because your Florida driver license card number, Florida state identification card number or the last four digits of your social security card number could not or has not yet been verified, bring your card in person or provide a copy via mail, fax or e-mail to the Supervisor no later than 5:00 p.m. (local time) of the second day following the election.
If you voted this ballot solely because you did not have the proper photo and signature identification, you do not have to provide any further proof of your eligibility, provided you are otherwise registered and entitled to vote in the precinct where you cast your ballot, and the signature on your ballot certificate and affirmation or the provisional ballot cure affidavit matches the signature on your voter registration record.
If you forgot to sign your ballot certificate or your signature does not match the one we have on record, you have the right to cure that omission or mismatch. Your Supervisor of Elections will try to reach by email, text or phone to notify you of the problem with your signature and how to fix the problem. The form for the signature cure affidavit is available online on your county Supervisor of Elections’ website and the Division of Elections’ website at: https://dos.myflorida.com/elections/ under Forms. The deadline to submit your cure is 5:00 p.m. (local time) on the second day following the election.
You have the right to find out no later than 30 days following the election if your ballot was counted, and if not, the reason why. [Insert instructions on how voter can access that information including a phone number for the Supervisor of Elections’ office]. The canvassing board is required to canvass and count a provisional ballot in accordance with Section 101.048, F.S.

(2) Free access system. In accordance with Section 101.048(7), and the Help America Vote Act, 52 U.S.C. section 21082, the Supervisor of Elections must establish and maintain reasonable procedures to protect the security, confidentiality and integrity of personal information collected, stored and otherwise used to access information as to whether the provisional ballot was counted and to ensure that access to the individual provisional ballot is restricted to the individual who cast the ballot.

(3) Form. The provisional ballot certificate and affirmation shall be substantially in accordance with Form DS DE 209 (eff. 04/2022), entitled “Universal Template for Provisional Ballot Voter’s Certificate and Affirmation.” This form is hereby incorporated by reference and available by searching the rule online at the Florida Administrative Code’s website at: https://www.flrules.org. The form is available as follows:

(a) Online at the Division of Elections’ website at: https://dos.myflorida.com/elections/ under Forms, or

(b) By request to the Division of Elections, R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or by contacting the Division at (850)245-6200.

History

Rulemaking Authority 20.10(3), 97.012(1), (2), 101.048 FS. Law Implemented 97.053(6), 101.043, 101.048, 101.049, 101.111 FS. History–New 2-2-04, Amended 1-29-06, 6-1-06, 11-18-07, 5-19-10, 4-13-22.

Fla. Admin. Code R. 1S-2.038 HAVA Violations ‒ Complaints

The Department of State, Division of Elections, is required to establish a complaint form to be used for HAVA violations, Form DS DE 59 (Eff. 2/04), which is hereby incorporated by reference and available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

History

Rulemaking Authority 97.028 FS. Law Implemented 97.028 FS. History–New 2-2-04.

Fla. Admin. Code R. 1S-2.039 FVRS Voter Registration Procedures

(1) Applicability. The rule sets forth procedures to ensure that voter registration is conducted uniformly throughout the state.

(2) Definitions. The terms herein shall have the following meaning:

(a) “BVRS” refers to the Bureau of Voter Registration Services.

(b) “DHSMV” refers to the Florida Department of Highway Safety and Motor Vehicles.

(c) “FVRS” refers to the Florida Voter Registration System that contains the official list of registered voters in the state.

(d) “Personal identifying number” or “PIN” refers to the applicant’s or registered voter’s Florida driver’s license number, Florida identification number or the last four digits of his or her social security number.

(e) “SSA” refers to the Social Security Administration.

(f) “SSN4” refers to the last four digits of an applicant’s or registered voter’s social security number.

(g) “Supervisor” refers to the Supervisor of Elections.

(h) “Valid application” refers to any application as referenced in Section 97.052, F.S.

(i) “Voter registration agency” refers to any entity designated as a voter registration agency by the National Voter Registration Act (NVRA) of 1993 (42 U.S.C. 1973gg-5(a) and (c)), or by Section 97.021, F.S., to offer persons opportunity to register to vote.

(j) “Voter registration official” or “registration official” as used interchangeably herein has the same meaning ascribed in Section 97.021, F.S.

(3) Existing record search. Before entering application information into the FVRS, the voter registration official must determine if a record already exists in the FVRS. For purposes of this subsection “existing record” refers to either a registration record with a status of active, pre-registered or inactive, or an application record with a status of pending or incomplete. Such determination must be based on verifying as much match data with the existing record as possible. Match data includes but it not limited to name, date of birth, gender, address and personal identifying number (Florida driver’s license or state identification card number or last four digits of the social security number.

(a) If the voter registration official determines that an existing record identified by FVRS belongs to the applicant, the registration official shall update the existing record with the new information. If the FVRS identifies more than one existing record within the same county, the registration official shall first update the FVRS to reflect only one active record for the voter as set forth in paragraph (d). The registration official shall then update the active record with the information from the application.

(b) If the voter registration official determines that two or more existing records in other counties identified by FVRS belong to the new applicant, the registration official shall notify the other registration official or officials about those records. The registration officials shall coordinate resolution of the duplicate records as follows: If the registration date on the more recent record is prior to January 1, 2006, the older registration record shall be recorded as removed in the FVRS and the latest record retained as the voter’s active registration record. The registration official shall assign a code in the FVRS to reflect the basis for removal as duplicate registration record. If the registration date on the more recent record is on or after January 1, 2006, the older registration record shall be updated with the newer county of residence information in the newer record. The registration official shall then update the record with the information from the application.

(c) If the voter registration official determines that none of the existing records identified by FVRS belong to the new applicant, the registration official shall enter the voter registration information into a new record.

(d) If an application essentially duplicates all the same information as is on the voter’s existing record, the official shall process, scan and clip the signature from the application to update the signature on record in FVRS. The voter shall be sent notice pursuant to Section 97.073, F.S. Such notice may be satisfied by issuance of a voter information card. For purposes of this paragraph only, “same information” refers to the same name, same residence address, same date of birth, same driver’s license number, state identification card number, or social security number, and same political party affiliation.

(e) The FVRS shall contain only one voter registration record (with a status of active, inactive, or pre-registered) for each registered voter.

(f) If an application indicates that a registered voter’s legal residence for voter registration or voting purposes did or might have changed out-of-state in the interim, the registered voter’s existing record shall not be removed solely on that basis. The application shall be processed as an update to the existing record without assigning a new FVRS identification number.

(4) Data entry. Except as provided in subsection (11), and subject to the following, a voter registration official shall enter into the FVRS all information from valid and invalid applications for new registration or registration record update to the extent that the FVRS is able to accept or recognize the information as valid data:

(a) A registration official shall not complete or fill in a missing field for a new applicant that is otherwise left blank on a valid application unless the application includes a copy of the applicants’ personal identifying number. The applicant shall be notified in accordance with Sections 97.052(6) and 97.073, F.S., if the application for new registration is incomplete, i.e., that the application does not contain all the information necessary to establish the applicant’s eligibility under Section 97.041, F.S., and/or to allow for verification of the applicant’s identity as required per Section 97.053(6), F.S. If the applicant submits on a supplemental application the mandatory information missing from the previously submitted application, the registration official shall consider all information between the two applications for purposes of determining whether the applicant has provided all the information required for a complete application. However, both applications must include the applicant’s signature.

(b) If the applicant submits his or her application for new registration or registration update on any form other than recognized as acceptable pursuant to Section 97.052(2) or 97.052(5), F.S., the Supervisor of Elections for the voter’s county of residence shall forward a valid application form for the applicant to complete in order that his or her application may be processed for either new registration or update.

(c) A registration official shall enter information from an application for new registration or registration update as it appears on the application, except as follows:

Only the new applicant’s SSN4 shall be entered into the FVRS even if the applicant provides the full number. The number on the original application shall not be altered.
The applicant’s name shall be inputted as contained in the application field soliciting the applicant’s name. If a registration official is unable to discern the correct or intended spelling of the name on the application through a comparison of the printed name and the signature, the printed name shall be entered to the extent possible. If the field for the name is blank or the name completely illegible, the application shall be processed as incomplete. The Supervisor for the applicant’s county of residence shall then notify the applicant in accordance with Section 97.073, F.S.

(d) Each application for new registration, update to an existing registration record, and application with supplemental information to a previously submitted application for new registration must include the original signature, or in the case of electronic records transmitted from DHSMV, include the digital signature.

(5) Verification of personal identifying number. Any valid application for new registration that is complete and submitted other than electronically through DHSMV shall be routed to DHSMV or SSA, whichever is applicable, for verification of the authenticity or nonexistence of the PIN provided on the application. However, no application shall be routed to DHSMV for verification unless the Supervisor first determines that the applicant is otherwise eligible in accordance with Section 97.041, F.S.

(a) Personal identifying number provided.

If the PIN is verified, the new applicant’s completed application shall become the official registration record and the applicant’s name shall be listed as an active voter in the FVRS.
If the PIN cannot be verified, the application record is routed through the FVRS to the BVRS. The BVRS shall check for data entry errors using the scanned image of the application in the FVRS, and a comparison of information available from DHSMV. If a data entry error occurred, the BVRS shall correct the application record and resubmit the record to DSHMV or SSA for verification. If no data entry error occurred, but the BVRS is able to confirm that the number belongs to the applicant, the BVRS shall override the FVRS to complete the registration process. The applicant’s completed application shall become the official registration record and the applicant’s name shall be listed as an active voter in the FVRS.
If the BVRS is unable to resolve the verification issue, the BVRS shall flag the record as unverified and the application record is sent through the FVRS to the Supervisor of the new applicant’s county of residence. The Supervisor shall send a “Notice to Applicant re Personal Identifying Number”. The notice shall be in, or substantially in, the form provided in DS-DE #122 (eff. 01/2012) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00792). This form is hereby incorporated by reference. A copy of the form may be obtained from the Division of Elections, Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or is available from the Division of Elections’ website at: http://election.dos.state.fl.us, or by contacting the Division of Elections at (850)245-6200.
If it is determined after notice to the voter is sent that a data entry error of the PIN occurred, the applicant’s record shall be corrected and the PIN resubmitted through the FVRS for verification by DHSMV or SSA, whichever is applicable.
If the new applicant provides evidence of his or her PIN, the Supervisor shall retain a copy of the evidence as part of the applicant’s application but shall not scan the evidence into the FVRS. The Supervisor shall change in the FVRS the source of the applicant’s number from “F” (referring to form) to “P” (referring to proof). If the PIN presented to the Supervisor is different from the PIN provided on the application, the new PIN shall replace the old number. However, if the new PIN is a different type of PIN, then the Supervisor shall also record the type and the new PIN in the FVRS. The Supervisor shall not change the old PIN on the application or submit the new PIN to DHSMV or SSA for verification. The applicant’s completed application shall become the official registration record. The applicant shall be listed as an active voter in the FVRS.

(b) No personal identifying number. If a new applicant does not provide a PIN and checks or writes “NONE,” on the application, the new applicant’s record shall be routed first to DHSMV or SSA, and then if needed, to the BVRS, to determine if a personal identifying number might exist:

If a PIN is found to exist for the new applicant, the application record shall be sent to the Supervisor of the applicant’s county of residence for resolution. The Supervisor shall contact the applicant and provide him or her with an opportunity to resolve the matter. If the applicant provides evidence of a PIN, the Supervisor shall follow the process in subparagraph (a)5.
If no PIN is found to exist for the new applicant, the BVRS shall override the FVRS and the applicant’s application record shall become the official registration record. The applicant shall be listed as an active registered voter or a pre-registered voter in the FVRS, whichever is applicable. However, if such voter registered by mail and is a first time voter in the state, and did not include with the application a copy of identification required by Section 97.0535, F.S., the record shall be flagged as requiring special identification to be provided before the voter votes. The only exception to the special identification requirement is if the voter votes by-mail and swears or affirms on the vote-by-mail ballot certificate that he or she is exempt from providing any photo identification or government-issued documentation as specified in Section 97.0535, F.S.

(c) Blank field. If a new applicant provides no PIN or an incomplete PIN and fails to check or write “None” on the application, the application is incomplete unless the applicant includes a copy of the driver’s license, state identification card, or the social security card from which the voter registration official can complete the incomplete PIN. Notice to the applicant shall be provided in accordance with Sections 97.052(6) and 97.073, F.S.

(6) Political party affiliation.

(a) A new applicant or registered voter who selects or affirmatively indicates a change of party affiliation shall be registered in the FVRS:

With the requested political party (if the party is registered in Florida) by using the party code assigned to the party by the Division of Elections.
Without political party affiliation under the code of “NPA” (No Party Affiliation) if the person:

a. Marks “No party.”

b. Fails to designate a specific party affiliation, or leaves the party field blank.

c. Designates a political party that is non-existent, not registered or no longer registered in Florida.

(b) Except as provided in paragraph (c), no change to a registered voter’s currently recorded political party affiliation status shall be made unless the registered voter indicates otherwise.

(c) If the voter’s registered political party has disbanded or is no longer registered with the State, the voter’s record shall be changed to reflect a status of No Party Affiliation. The registered voter shall be sent written notice about the disbanded or unregistered party and the option to select another party for registration. No later than 15 days after the notice is sent, the voter shall be sent a new voter information card reflecting the voter’s party affiliation status. A coding change or conversion does not constitute a political party change in the FVRS.

(7) Source of application code. The voter registration official must assign a source of application code in the FVRS to each application for new registration or registration record update. The code number corresponds to how an application was directly submitted or who submitted the application directly to the Division of Elections or to the Supervisor of Elections’ Office without regard to how or where the application might have been originally obtained, distributed, or completed. The voter registration official shall enter:

(a) Code 1 for any electronic intake application information received from any office that issues driver’s license or renewal thereof (e.g., a driver’s license examiner’s office for the Florida Department of Highway Safety and Motor Vehicles or a tax collector’s office that issues driver’s licenses) and for any mailed or hand-delivered paper applications received and forwarded from any such office.

(b) Code 2 for any application that arrives through the postal service or other mail delivery service but that does not otherwise fall into any of the other source codes listed under this subsection.

(c) Code 3 for any application received from any office that administers a public assistance program as is defined in Section 97.021, F.S., (for example, food stamp program, Kidcare program, the Medicaid program, the Special Supplemental Food Program for Women, Infants, and Children, and the WAGES program).

(d) Code 4 for any application received from any office that serves persons with disabilities, any office serving students with disabilities at an educational institute, and any center for independent living.

(e) Code 5 for any application received from any armed forces recruitment office.

(f) Code 6 for any application received from a public library.

(g) Code 7 for any application that is completed at or hand-delivered by the applicant or registered voter, or delivered by someone on his or her behalf (other than a third-party voter registration organization), directly to the Supervisor of Election’s office in person or through the Supervisor of Election’s website.

(h) Code 8 for any application that is submitted directly (by mail or hand-delivery) by a third-party registration organization as defined in Section 97.021, F.S. (for example, an advocacy group or political party), to the Supervisor of Election’s office or the Division of Elections, and if applicable, any other unique identification code assigned.

(8) Registration date. The registration date for a new applicant shall be governed by Section 97.053, F.S., and shall be entered in the FVRS accordingly.

(9) Scanned application image. The voter registration official inputting the information from an application for new registration or from an application for an update to the registration record must scan and index the image of the application including the signature into the FVRS no later than five days after inputting the information.

(10) Recording notice activity. Once an application for new registration or registration update is processed, the Supervisor shall record in the FVRS the following type and date of notice:

(a) Notice sent pursuant to Section 97.073, F.S., for failing to complete or check one or more of the mandatory fields required for determining eligibility for new registration (i.e., fields for name, date of birth, Florida legal residence, personal identifying number or writing None,” U.S. citizenship, felony conviction, adjudication of mental incapacity, and signature).

(b) Notice sent pursuant to Section 97.073, F.S., regarding denial of an application on the basis that the applicant is ineligible. An applicant may be ineligible for being a convicted felon without civil rights restored, for being adjudicated mental incapacity without voting rights restored, for not being a United States citizen, for being deceased, for being a fictitious person, for not being of legal age to register or pre-register, or for not listing a Florida legal residence.

(c) Notice sent pursuant to Section 97.053(6), F.S., to a new applicant that the personal identifying number could not be verified.

(d) Voter information card sent pursuant to Section 97.071, 97.073, or 97.1031, F.S., issued upon new registration and for specific changes to voter registration records.

(e) Notice sent pursuant to Section 97.073, F.S., that a duplicate registration form was received (i.e., “duplicate” meaning that there were no data element differences between the application and the existing voter registration record as to name, date of birth, address, Florida driver’s license or state identification card number or social security number, or party affiliation). A voter information card may be substituted for a duplicate notice.

(11) Special applicants ( victims of violence. If a new applicant or registered voter indicates that he or she is or may be a victim of domestic violence or stalking, such person may be entitled to confidential and exempt registration records pursuant to Florida Attorney General’s Address Confidentiality Program (ACP) under the provisions of Sections 741.401-.465, F.S., or pursuant to Section 97.0585, F.S., as a victim of stalking. If eligible, such persons are entitled to confidentiality as to their name, telephone number and address, and receive a designated substitute mailing address for purposes of voting a vote-by-mail ballot and conducting other activities. The application for such applicant or registered voter shall be processed as follows:

(a) If the new applicant or registered voter seeks confidentiality under the program and is not already certified as a participant or the original certification has expired or been withdrawn, the applicant shall be directed to the Supervisor of Elections in the county of residence. The Supervisor shall provide the applicant or registered voter with contact information for the Attorney General’s Office to find out about the process for ACP certification or the submission of a sworn statement of stalking.

(b) If the applicant or registered voter provides proof of authorization of compliance with the Attorney General Office’s requirements for name and address confidentiality, the Supervisor shall process manually any new application or update to the registration record. The Supervisor shall ask the person if he or she is registered to vote in another county as address protected pursuant to the Attorney General’s Program. The application shall not be entered or scanned into the FVRS in order to ensure that information revealing the personal identifying information and location of the applicant or registered voter are not disclosed to the public.

(c) If the applicant is already a registered voter whose record is in the FVRS, the existing registration record in the FVRS shall be canceled before processing the record manually in accordance with paragraph (b). The Supervisor must ensure that the registered voter’s record including any audit, vote-by-mail and voting history records are also removed from the local county registration database. If one or more records exist in FVRS for the voter in different counties, the Supervisor must coordinate with such counties to ensure that similar records are removed from their respective local county registration database.

(d) If the applicant is already a protected registered voter in the Supervisor of Elections’ county but indicates that he or she is relocating to another county, the applicant shall be directed to contact directly the Supervisor of Elections in the new county of residence to submit the address update and continue with the address protection. The Supervisor of Elections in the new county of residence shall process the application manually in accordance with this subsection.

(e) The Supervisor of Elections in the county of residence shall forward to the BVRS a copy of the completed and signed application for registration update with the legal address redacted and if applicable, include information as to any other county that the person has stated that he or she is registered as address protected pursuant to the Attorney General’s program. The documents shall be enclosed in an envelope marked private and confidential and addressed to: Chief, Bureau of Voter Registration Services/ACP, Department of State, Division of Elections, 500 S. Bronough Street, Tallahassee, Florida 32399.

(f) The BVRS chief shall:

Verify (for new registrations only) through the DHSMV or SSA the new applicant’s personal identifying number and shall notify the Supervisor of Elections for the voter’s county of residence about the outcome of the verification process.
Determine if the person is already registered in another county as a protected voter and notify the Supervisor of Elections of the prior county of residence that the person is now registered with another county.
Conduct monthly checks to determine if such registered voter remains eligible by cross-checking with data as to death, an adjudication of mental incapacity or a felony conviction, and if a match is found, to report such match to the Supervisor of Elections for the voter’s county of residence to process as potentially ineligible in accordance with Section 98.075(7), F.S.
Retain the documents in a separate secure storage from other registrations.

(g) Such applicant’s or registered voter’s PIN shall not be included in any registered voter list, vote-by-mail ballot list, tape, label, precinct register made available to the public.

(h) If the new applicant or registered voter does not seek or no longer seeks name and address confidentiality through the Attorney General’s Office, or does not provide proof of authorization or eligibility to the confidentiality of his or her name and address through the Attorney General’s Office, the application or registration update shall be processed in accordance with subsections (2)-(10) of this rule.

(i) If the chief of the BVRS or the Supervisor of Elections receives information that a registered voter’s eligibility for name and address confidentiality through the Attorney General’s Office is canceled, expired without renewal or is otherwise no longer valid, the chief shall notify the Supervisor of Elections or vice versa whichever is applicable. The Supervisor of Elections shall then attempt to contact the voter to determine whether the voter still wants to remain a registered voter and if so, shall then enter such record in the FVRS.

(12) Street Address Index Updates.

(a) Each county Supervisor shall submit electronically, at least monthly, by the 10th of each month, to the Division of Elections to the FVRS an uploaded index of valid residential street addresses so that the legal addresses on application forms can be verified as valid at the time of registering or updating a registration record. The street address index may be submitted more frequently as street additions or changes occur in the prior month. No monthly update is required if no additions or changes in street addresses have occurred in the prior month.

(b) The update to a street address index shall be submitted either by:

Batch method in which the entire existing index is replaced with an updated index,
Change method in which a street address index is updated with individual changes as they occur.

History

Rulemaking Authority 20.10(3), 97.012(1)-(2), 97.052, 98.015(10)-(12), 98.035(5), 98.045(5) FS. Law Implemented 97.052, 97.053, 98.015, 98.035, 98.045, 98.075(2) FS. History–New 1-2-12.

Fla. Admin. Code R. 1S-2.040 Statewide Uniform Voter Registration Application

(1) The Department of State, Division of Elections, is required to adopt by rule a uniform statewide voter registration application for use in this state. Form DS-DE 39, entitled “Florida Voter Registration Application” (eff. 04/2024); https://www.flrules.org/Gateway/reference.asp?No=Ref-16584, is hereby incorporated by reference. The form consists of two parts: instructions, and a detachable application.

(2) This application is available through the online registration system at www.registertovoteflorida.gov which may be prefilled and printed for signature to submit to a Supervisor of Elections’ office. This application form is available by download from the Division’s website under the voter registration link “For the Voters” at: https://dos.fl.gov/elections/, or by request from the Division of Elections at Room 316, R. A. Gray Building, Tallahassee, Florida 32399-0250, or (850)245-6200. The form is also available at any supervisor of elections’ office, any tax collector’s office that issues driver licenses, any voter registration agency, or any entity that issues fishing or hunting licenses.

History

Rulemaking Authority 20.10, 97.012(1), (2), 97.052 FS. Law Implemented 97.051, 97.052, 97.053, 97.1031, 98.077, 101.045(2) FS. History–New 11-29-05, Amended 1-1-08, 1-2-12, 10-24-13, 4-24-24.

Fla. Admin. Code R. 1S-2.041 FVRS Address and Eligibility Records Maintenance

(1) Applicability. This rule provides procedures to maintain current and accurate addresses of legal residence for registered voters, eliminate duplicate registration records for the same voter, and identify and remove ineligible registered voters.

(2) Definitions.

(a) “Active voter” refers to a registered voter whose registration status is active.

(b) “BVRS” refers to the Bureau of Voter Registration Services.

(d) “Inactive voter” refers to a registered voter whose registration record has been placed on inactive status after procedures in Section 98.065(4)(c), F.S., and this rule were followed.

(e) “Notice of potential ineligibility” refers to the notice under Section 98.075(7), F.S., that a Supervisor of Elections sends to a voter who has been identified as potentially ineligible.

(f) “Potentially ineligible voter” is a registered voter who has been identified as potentially ineligible based on information relating to death, felony conviction without civil rights restored, adjudication of mental incapacity without voting rights restored, lack of United States citizenship, fictitious person, not of legal age, or listing a residential address that is not the voter’s Florida legal residence.

(g) “Residential address” or “address of legal residence” as used interchangeably herein refers to the voter’s legal residence for voter registration and voting purposes.

(h) “SSN4” refers to the last four digits of an applicant’s or registered voter’s social security number.

(i) “Supervisor” refers to the Supervisor of Elections.

(j) “Third-party source” or “third-party source address change” refers to address change information received from any of the following sources other than the voter that indicates the voter’s legal residential address might have changed: address list maintenance program activities under Section 98.065(2), F.S. (e.g. returned mail from the United States Postal Service (“U.S.P.S.”) and address matching conducted through National Change of Address Validation (“NCOA”) vendors or licensees, jury lists (constitute lists of undeliverable jury notices or jury notices with forwarding addresses) forwarded by the Clerks of the Court (“Jury list”), list of address changes from the Department of Highway Safety and Motor Vehicles (“DHSMV list”), or other government agency-related activity (“Other”) that indicates an address change.

(k) “Undeliverable” refers to any mailing that could not be delivered and is returned. It may be marked with words such as ‘undeliverable,’ ‘return to sender,’ ‘deceased’ or ‘forwarding order expired.’

(l) “Voter activity” refers to the voter’s action of updating his or her registration, requesting a vote-by-mail ballot or appearing to vote which for a registered voter who is in inactive status would trigger a change to active status.

(m) “Voter registration official” or “registration official” as used interchangeably herein is defined in Section 97.021(42), F.S.

(3) Address Maintenance Activities. Except as otherwise expressly stated, the following procedures and notices apply when receiving information from a third-party source address changes and solely apply to address changes for active voters.

(a) Notices. The following three notices shall be used to comply with the address maintenance process in this subsection:

Address Change Notice. This notice shall be sent by forwardable mail with a postage prepaid, preaddressed return form. The notice shall include contact information for the Supervisor of Elections’ Office (phone number, fax number, mailing address and e-mail address) and shall ask the voter to verify or correct the new residential address change for registration and voting on a return form. The return form shall include blank spaces for the voter to verify or correct the new address change, to provide a mailing address if different from residential address, and to include his or her requisite signature.
Address Confirmation Request. This notice shall be sent by nonforwardable return-if-undeliverable mail. The notice shall request that the voter contact the Supervisor of Elections’ Office if the voter’s name or address of legal residence is incorrect. The notice shall also contain contact information for the Supervisor of Elections’ Office phone number, fax number, mailing address and e-mail address).
Address Confirmation Final Notice. This notice shall be sent by forwardable mail with a postage prepaid, preaddressed return form. The notice shall include contact information for the Supervisor of Elections’ Office (phone number, fax number, mailing address, and email address). The return form shall contain blank spaces for the voter to verify or correct his or her residential address, to provide a mailing address if different, and to include his or her requisite signature. The notice shall include statements in substantially the following form:

a. Mail to your address of record was recently returned as undeliverable.

b. Please confirm that your legal residence has not changed, or if it has changed, provide your new legal residential address. If your new legal residence is out-of-state, your name will be removed from the voter registration list. For information on how to register in your new out-of-state jurisdiction, please refer to U.S. Elections Assistance Commission’s website at: www.eac.gov [or if successor entity, insert successor’s website address] or the Supervisor of Elections’ Office.

c. If you do not reply within 30 days, your registration will be placed on inactive status.

(b) Process.

In-county residential address change. If the third-party source address change is within the same county, the voter registration official shall enter the change into the FVRS as follows:

a. If the active voter’s residential and mailing addresses on record are the same and the new address validates as a residential address, the registration official shall update FVRS with the new address and record the applicable third-party source. An Address Change Notice shall be sent to the newly recorded address. If the new address cannot be validated as a residential address, the voter registration official shall take steps to resolve the issue. If the issue is resolved, the registration official shall send an Address Change Notice, or a voter information card if the issue is resolved through contact with the voter. If the address can only be validated as a mailing address, the registration official shall enter the address into the mailing address field and record the third-party source. An Address Confirmation Request may be sent to the voter to try to confirm a change in residence.

b. If the voter’s residential and mailing addresses on record are different, the registration official shall update only the mailing field, record the third-party source, and send an Address Confirmation Request to that new mailing address. If the new address is the same as the existing current residential address, the old mailing address shall be removed or the field updated to reflect this change. No further notice to the voter is required.

Out-of-county residential address change. If the information received indicates the voter’s residential address has changed to another county, the voter registration official shall enter the change into the FVRS as follows.

a. If the voter’s residential and mailing addresses on record are the same, and the new address validates as a residential address, the registration official shall update the residential address field with the new address, record the third-party source, and suspend the record through the FVRS to the Supervisor of the voter’s new county of residence. The Supervisor for the voter’s new county of residence shall send the Address Change Notice to the newly recorded address. If the new address cannot be validated as a residential address, the registration official shall enter the address update, record the third-party source, and suspend the record through the FVRS to the Supervisor of the voter’s new county of residence to take steps to resolve the issue. If the new address can be validated as a residential address, then the Supervisor for the voter’s new county of residence shall send to the new address an Address Change Notice, or a voter information card if the issue was resolved through contact with the voter. If the new address can only be validated as a mailing address, the registration official shall enter the address in the mailing address field, restore the voter’s prior recorded residential address, and suspend the record back through the FVRS to the voter’s prior county of residence. The Supervisor for the voter’s prior county may send an Address Confirmation Request to the voter’s newly recorded mailing address to try to confirm a change in residence.

b. If the residential and mailing addresses are different, the registration official shall only update the mailing address field with the new address, record the third-party source, and send an Address Confirmation Request to the newly recorded mailing address.

Out-of-state residential address change. If the information received indicates an out-of-state residential address change and provides a forwarding out-of-state address, the registration official shall only update the mailing address field and an Address Confirmation Final Notice shall be sent to the newly recorded mailing address. If no forwarding out-of-state address is provided, an Address Confirmation Final Notice shall be sent to the voter’s last recorded mailing address for his or her residential address.
Nonresidential address change. If at any time, the third-party source address change indicates only that the mailing address has changed, then only the mailing address field in the FVRS shall be updated with that address if that address can be validated. An Address Confirmation Request may then be sent to the voter to try to confirm whether there has also been a change in legal residence. Nothing herein precludes a Supervisor from sending an Address Confirmation Request to a potentially more current residential address that the Supervisor has found or obtained from any source other than the active voter.

Feedback on Address Confirmation Request.

a. If an active voter contacts a Supervisor in response to an Address Confirmation Request to notify that his or her name or address on the record is incorrect, the voter must make the request in accordance with Section 97.1031, F.S., before the change can be made in FVRS. If an active voter notifies the Supervisor in writing that he or she has moved out-of-state or otherwise requests removal, the Supervisor shall remove the voter’s name from the FVRS. The Supervisor shall record the reason code in the FVRS to reflect the basis for the removal as either out-of-state residence or voter’s request for removal.

b. If an active voter does not respond to an Address Confirmation Request, no further action is required.

c. If an Address Confirmation Request is returned as undeliverable, an Address Confirmation Final Notice shall be sent to the address on record.

Feedback on Address Change Notice.

a. If the active voter responds to an Address Change Notice with an in-state residential address change, the address change shall be entered in the FVRS. If the voter responds using other than the postage prepaid, preaddressed return form, the voter’s request for address change must be made in accordance with Section 97.1031, F.S.

b. If an active voter responds to an Address Change Notice with an out-of-state residential address change or requests removal from the registration list, the Supervisor shall remove the voter’s name from the FVRS and record the reason code in the FVRS to reflect the basis for the removal as either out-of-state residence or voter’s request for removal, whichever is applicable. If the voter responds using other than the postage prepaid, preaddressed return form, the response must still be in writing in order to remove the voter’s name from the FVRS.

c. If an active voter does not respond to an Address Change Notice, no further action is required.

d. If the Address Change Notice is returned as undeliverable, the Supervisor shall send an Address Confirmation Final Notice to the address on record.

Feedback on Address Confirmation Final Notice.

a. If an active voter responds to an Address Confirmation Final Notice with an in-state residential address change, the address change shall be entered in the FVRS. If the voter responds other than using postage prepaid, preaddressed return form, the voter’s request for address change must be submitted in accordance with Section 97.1031, F.S.

b. If an active voter responds to an Address Confirmation Final Notice with an out-of-state residential address change or requests removal from the registration list. The Supervisor shall remove the voter’s name from the FVRS and record the reason code in the FVRS to reflect the basis for the removal as either out-of-state residence or voter’s request for removal, whichever is applicable. If the voter responds using other than the postage prepaid, preaddressed return form, the response must still be in writing in order to remove the voter’s name from the FVRS.

c. If an Address Confirmation Final Notice is returned as undeliverable or the active voter does not respond to the notice within 30 days, the Supervisor shall change the voter’s registration status to inactive. No further notice to the voter is required except as provided in paragraph (e).

(d) Pre-registered voters. If a voter registration official receives residential address change information on a pre-registered voter from a third-party source, the address shall be updated into the mailing address field, provided it can be validated as a mailing address. No further notice is required until the pre-registered voter’s status changes to registered voter. At that time, the Supervisor shall issue a voter information card pursuant to Section 97.071, F.S., to the mailing address of record.

(e) Inactive voters.

Restoration. Once a voter has been made inactive through this subsection, third-party address changes processes shall not apply to change an inactive voter’s legal residence until he or she is restored to active status. An inactive voter can only be restored to active status upon the voter’s own activity as set forth in Section 98.065(4)(c), F.S. If an inactive voter wants to make an in-state address change to his or her record, it must be made and processed in accordance with Section 97.1031, F.S. Upon receipt of address change information from the inactive voter, the Supervisor shall change the inactive voter’s status to active. The Supervisor shall issue a new voter information card in accordance with Section 97.071, F.S. If the inactive voter submits an out-of-state residential address change, the voter’s name shall be removed from the FVRS.
Removal from the rolls. If an inactive voter does not vote, request a vote-by-mail ballot or update his or her voter registration record by the second federal general election after the date he or she was placed on inactive status, the Supervisor shall remove the name of the inactive voter from the FVRS no later than December 31 in the same year of the second federal general election. Except as provided in subsection (5), no address list maintenance notices can be issued and a voter’s name cannot be removed during the 90-day period immediately preceding an election for federal office. After the election, postponed notices may be issued in accordance with this subsection. However, any requirement to send a postponed notice shall be superseded if in the intervening period, the voter’s status changed from inactive to active based on voter activity. If there is no record of voter activity, the inactive voter who was scheduled to be removed shall be removed as stated above after the election. A code shall be assigned that will reflect in the FVRS that the basis for the removal is no activity by the inactive voter by the second federal general election.

(f) Address change information on potentially ineligible voter. A third-party source address change received for a voter who is currently being processed as potentially ineligible pursuant to the process in subsection (4), shall be processed in the same manner as any third-party source address change for a registered voter under this subsection. The following additional processes apply when the address change is made:

A supervisor of elections shall run a daily report to track potentially ineligible registered voters who have moved to another county. If the case file did not originate from the BVRS, the Supervisor for the potentially ineligible voter’s prior county of residence shall notify the Supervisor of the new county of residence regarding the potentially ineligible move-in registered voter and shall transfer a copy of the case file to the new county of residence no later than one week from date the residence changed in the FVRS. If the potentially ineligible case file originated as a paper file from the Bureau of Voter Registration Services, the Supervisor for the voter’s prior county of residence shall notify the BVRS immediately and return the original case file to the BVRS no later than one week after the date of the report that shows that a potentially ineligible voter has moved out-of-county. The notification shall include the voter’s name, the FVRS identification number and the match record identification number. The BVRS will re-process the file as an electronic file and the FVRS will issue a notice to the Supervisor of the voter’s new county of residence to retrieve the file from the FVRS.
A Supervisor shall receive notice through FVRS that a potentially ineligible registered voter has moved into his or her county in those cases in which the potentially ineligible case file originates from the BVRS. Upon receipt of notice, the electronic case file will be available for processing and retrieval.
Upon receipt or retrieval of the file, the Supervisor for the new county of residence shall initiate a new notice and removal process under Section 98.075(7), F.S., using the newly recorded address.

(g) Recording and Reporting.

The Supervisor shall ensure that the following transactions and the date for each transaction are recorded in the FVRS and reflect the codes and contact types implemented for the FVRS for each voter as applicable: address change information received, third-party source for address change, type of address notice sent (i.e., Address Change Notice, Address Confirmation Request and Address Confirmation Final Notice), notice returned as undeliverable, notice returned by voter, change in voter status, and removal code based on either voter’s request to be removed, out-of state residential address change, information from out-of-state election official that voter is now registered elsewhere, or voter’s inactivity through two federal general elections following designation as inactive voter.
The voter registration official shall retain locally documents containing address change information received from sources other than the voter. Such documents shall not be scanned into the FVRS.
The Supervisor shall certify twice annually that he or she has conducted address list maintenance activities in accordance with law and this rule. The Supervisor shall use the form entitled “Certification of Address List Maintenance Activities” DS-DE #117 (eff. 07/11) (https://www.flrules.org/Gateway/reference.asp?No=Ref-00312). The certification is due no later than July 31 and January 31 of each year to report the prior 6-month activities.

(4) Eligibility Records Maintenance Activities. The following procedures apply to eliminate duplicate records and to remove ineligible registered voters regardless of active or inactive status in the FVRS. Grounds for ineligibility include death, felony conviction without civil rights restored, adjudication of mental incapacity as to voting without those rights restored, lack of United States citizenship, fictitious person, nonlegal age, or listing a residential address that is not the voter’s Florida legal residence.

(a) Duplicate records. In accordance with Section 98.075 (2) F.S., the Department of State shall periodically identify two or more registration records for the same voter in the FVRS and notify the Supervisor in order to review and resolve as follows:

Records in the same county. If the voter registration official determines that the duplicate registration records belong to the same voter, the registration official shall update the FVRS to reflect only one active registration record for the voter. The registration official shall assign a code that will reflect in the FVRS the basis for removal as a duplicate record.
Records in different counties. If the voter registration official determines that the duplicate registration records belong to the same voter, the voter registration official shall notify the other county of residence about the duplicate record. If the registration date on the newer duplicate record is prior to January 1, 2006, the older registration record shall be recorded as removed in the FVRS and the latest record retained as the voter’s active registration record. The voter registration official shall assign a code that reflects in the FVRS the basis for the removal of a record as a duplicate record. If the registration date on the newer duplicate record is on or after January 1, 2006, the older registration record shall be updated with the newer county of residence information in the new record.
Records-Invalid match or unconfirmed. If the voter registration official determines the records identified as duplicate do not belong to the same voter or cannot be confirmed as belonging to the same voter, the registration official shall record a determination of invalid in the FVRS.
Review. A voter’s name may not be removed and re-registered with a new FVRS ID number in order to resolve duplicate registration records even if it appears that a voter might have moved his or her legal residence out-of-state for voter registration and voting purposes in-between the period in which the records were created. A Supervisor must ensure that registration records identified as duplicate have been reviewed and a determination recorded in the FVRS no later than two weeks from receipt of the information from the Department of State.

(b) Death records.

In accordance with Section 98.075(3) F.S., a Supervisor shall remove a voter’s name from FVRS upon receipt of an electronic match record or death data of a deceased voter identified by the Department of State or from any other specific source identified by statute. The match record or death data shall be directed to the voter’s last county of residence. The Supervisor shall assign a removal code that reflects in the FVRS the basis for the removal as deceased. No further review of the record or notice to the voter is required. If a Supervisor chooses to review the match record further than required, and rejects the match record for whatever reason (e.g., the information is insufficient to support the match, the identities do not match, or the registered voter is alive), the Supervisor shall record a determination of invalid in the FVRS. Such determination shall be recorded in the FVRS no later than two weeks after notification of the electronic match record through the FVRS.
If the Supervisor receives a copy of a death certificate issued by the local health bureau or office of the Florida Department of Health, or from some other source for which the law authorizes automatic removal, the Supervisor shall remove the deceased voter’s name in the same manner as provided in subparagraph 1. The Supervisor shall retain a copy of the death certificate for his or her records.
Except as provided in subparagraphs 1. and 2. of this subsection, a Supervisor who receives information from any other source that the voter is deceased, must first follow the process set forth in Section 98.075(7), F.S. and paragraph (d) of this subsection.

In accordance with Sections 98.075(4) and (5) F.S., the Department of State shall identify voters in the FVRS who are potentially ineligible based on a felony conviction without civil rights restored or an adjudication of mental incapacity without voting rights restored. The BVRS shall create an ineligibility case file based on an investigation of information that the match is credible and reliable for each identified voter. Each file shall be provided to the Supervisor of Elections for the voter’s county of residence based on the last address of record in the FVRS.
Upon receipt of file by mail from the BVRS and notice through FVRS or upon electronic retrieval of the file through FVRS, whichever is applicable, the Supervisor shall follow the notice and removal procedures in Section 98.075(7), F.S., prior to making a determination of eligibility or ineligibility. If the Supervisor determines that the voter is still eligible, a voter information card shall be issued. If the Supervisor determines that the voter is ineligible, it shall be recorded in the FVRS before the voter is removed from the official list. The Supervisor shall notify the voter regarding a determination of ineligibility and removal. The determination must be made and recorded in the FVRS no later than 120 days of receipt of the match information from the BVRS or through the FVRS. If no determination is entered at that time, the Department of State may request a status update from the Supervisor of Elections.

(d) Other Record Sources for Potential Ineligibility. The Supervisor shall follow the notice and removal procedures in Section 98.075(7), F.S., when he or she receives any potential ineligibility information other than through the Department of State or the FVRS that a voter is potentially ineligible for any of the statutory grounds for ineligibility. If the basis for the potential ineligibility is a felony conviction or an adjudication of mental incapacity, the Supervisor shall notify BVRS. The notice shall include the voter’s name and FVRS identification record number. The BVRS shall cross-check its records to determine if the same voter is already being processed as potentially ineligible pursuant to the bureau’s duties under Sections 98.075(4) or (5), F.S. If BVRS finds a concurrent or pending match file, the BVRS shall cancel as duplicative its match in progress and allow the Supervisor to process his or her own potential ineligibility match file.

(e) Recording and Reporting.

The Supervisor shall ensure that any determination of eligibility or ineligibility is recorded in the FVRS and the code for removal of any record or voter’s name is assigned in a manner that reflects the basis for the removal in the FVRS. The Supervisor shall also ensure that the following transactions and dates for these transactions under Section 98.075(7), F.S., are recorded in the FVRS with the codes and contact types implemented for FVRS: mailed notice of potential ineligibility according to category of ineligibility, returned undeliverable notice of potential ineligibility, published notice, voter response (i.e., no response within 30 days, admission, denial with request for hearing, or denial with no hearing requested), notice of hearing, hearing conducted, and mailed notice of final determination of ineligibility and removal.
The Supervisor shall certify twice annually that he or she has conducted eligibility records maintenance activities pursuant to law and this subsection. The Supervisor shall certify the activities by using the form entitled “Certification of Voter Registration Records Maintenance Activities,” Form DS-DE #118 (eff. 07/2011) (https://www.flrules.org/Gateway/reference.asp?No=Ref-00313), which is hereby incorporated by reference. The certification is due no later than July 31 and January 31 of each year to report the prior 6-month activities.

(5) Removal of voters. The name of any registered voter may be removed at any time including within the 90 days prior to a federal election for reasons of ineligibility, the voter’s written request, or receipt of information from an election official in another state that the voter is registered in another state. The Supervisor must ensure that the removal code is recorded in the FVRS to reflect the basis for the removal.

(6) Availability of Forms. All prescribed forms incorporated by reference herein are available by contacting Division of Elections, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6200, or by access to the Division of Elections’ website at: http://election.dos.state.fl.us.

History

Rulemaking Authority 20.10(3), 97.012(1), 98.015(10)-(12), 98.035(5), 98.045(5), 98.0655, 98.075(1) FS. Law Implemented 98.035, 98.045(2), 98.065, 98.0655, 98.075 FS. History–New 8-1-11.

Fla. Admin. Code R. 1S-2.042 Third-Party Voter Registration Organizations

(1) Applicability. This rule provides procedures for the regulation of 3PVROs and third-party voter registration activities.

(2) Forms. The following forms are hereby incorporated by reference and available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division’s webpage at: https://dos.myflorida.com/elections/forms-publications/forms/forms-incorporated-in-rule/:

(a) Form DS-DE 119 (eff. 09/23), (http://www.flrules.org/Gateway/reference.asp?No=Ref-15844), entitled “Third-Party Voter Registration Organization Registration Form.”

(b) Form DS-DE 121 (eff. 09/23), (http://www.flrules.org/Gateway/reference.asp?No=Ref-15845), entitled “Form for Complaint Against Third-Party Voter Registration Organization.”

(c) Form DS-DE 124 (eff. 09/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15846), entitled “Supervisor of Elections’ Accounting of Third-Party Voter Registration Organization’s Voter Registration Applications.”

(d) Form DS-DE 126 (eff. 09/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15847), entitled “Supervisors of Elections’ Transmittal Form – 3PVRO Noncompliance.”

(e) Form DS-DE 127 (eff. 09/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15848), entitled “Non-Felon and U.S. Citizen Declarations.”

(f) Form DS-DE 129 (eff. 09/23) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15849), entitled “3PVRO Voter Registration Application Receipt.”

(3) Definitions. For purposes of Section 97.0575, F.S., the following definitions apply:

(a) “3PVRO” means third-party voter registration organization.

(b) “Affiliate organization” of a 3PVRO means any person, as defined in Section 1.01(3), F.S., that is associated with the 3PVRO as a subordinate, subsidiary, member, branch, chapter, as a central or parent organization, or through direct or indirect ownership or control. Ownership or control means substantial and effective, though not necessarily predominant, ownership or control.

(c) “Collecting or handling,” for purposes of section 97.0575(1)(e)-(f), F.S., means physically exercising custody over voter registration applications containing a voter’s personal information. It does not include distributing blank voter registration applications, supervising the collecting or handling of voter registration applications, assisting a voter who requests assistance to fill out their voter registration application, or facilitating the voter to register electronically through registertovoteflorida.gov.

(d) “Engaging in any voter registration activities” means collecting voter registration applications from Florida voter registration applicants.

(e) “Force majeure” means any event or occurrence of societal significance beyond the reasonable control and without the fault of the 3PVRO which could not have been prevented, avoided, or overcome by the exercise of reasonable care, diligence, or foresight of the 3PVRO, including, but not limited to, civil disturbances or acts of war; extraordinarily severe weather, such as hurricanes, floods, or tornadoes; or shortages of food, electric power, or fuel.

(f) “Impossibility of performance” means an actual impossibility or impracticability of compliance as the result of a condition or circumstance which the 3PVRO did not create and could not reasonably have anticipated.

(g) “Registration agent” means any individual who is employed by or volunteers for a 3PVRO and who collects voter registration applications from Florida voter registration applicants on behalf of the 3PVRO.

(h) “Voter’s personal information,” for purposes of section 97.0575(7), F.S., means a voter’s private information that is not generally available to the public including the voter’s Florida driver license number, Florida identification card number, social security number, or signature. It does not include information contained in a Form DS-DE 129.

(4) Registration and Termination.

(a) Before engaging in any voter registration activities, a 3PVRO shall complete and file Form DS-DE 119 with the Division by email to 3PVRO@dos.myflorida.com with the form attached in .pdf format. An affiliate organization which itself independently engages in separate collection of voter registration applications from Florida voter registration applicants on behalf of the affiliate must file a Form DS-DE 119 even if its affiliated organization has filed a Form DS-DE 119.

(b) Upon receipt of a 3PVRO’s complete and filed Form DS-DE 119, the Division shall assign the 3PVRO a unique identification number that begins with “3P.” A 3PVRO is not deemed registered until the Division issues the 3PVRO its identification number

(d) If any information in the Form DS-DE 119 filed with the Division changes, including any addition to the list of its employee registration agents, any termination of an employee registration agent, change in information about an employee registration agent, or the termination of the 3PVRO, the 3PVRO shall file within 10 days a Form DS-DE 119 reflecting the updated information by email to 3PVRO@dos.myflorida.com with the form attached in .pdf format

(e) Any 3PVRO that re-registers after having been cancelled shall be reassigned the same identification number.

(5) Voter Registration Applications Provided to and Used by Third-Party Voter Registration Organizations.

(a) All blank voter registration applications provided by the Division and each Supervisor of Elections to a 3PVRO shall include the 3PVRO’s identification number on the bottom portion of the front side of each voter registration application in a manner that does not obscure any other entry.

(b) Unless the applicant has already dated the application form, the registration agent or the 3PVRO shall record the date that the 3PVRO collected the application in a conspicuous space on the bottom portion of the front side of the voter registration application in a manner that does not obscure any other entry. The applicant’s date space should not be used. The date printed by the registration agent or the 3PVRO shall be in the following numerical format: MM/DD/YY. For example, if the voter registration applicant completed the application on May 15, 2024, the entry on the bottom portion of the front side of the application shall be: 05/15/24.

(c) Each 3PVRO shall ensure that its assigned 3PVRO identification number and the registration agent’s initials are recorded on the bottom portion of the front side of any voter registration application it delivers to the Supervisor of Elections in the applicant’s county of residence or the Division in a manner that does not obscure any other entry.

(d) 1. All collected voter registration applications, whether complete or incomplete, must be delivered to the Supervisor of Elections in the applicant’s county of residence or the Division by mail or in person. Delivery or postmark must be within 10 calendar days of collection by the 3PVRO or any of its registration agents. If the 10th day falls on a weekend, holiday, or other day on which the Division or the Supervisor of Elections office is closed, the voter registration application must be delivered or be postmarked by the following business day. If, however, a book closing deadline for any given election for federal or state office falls within the 10-day period described above, all applications collected by a 3PVRO or any of its registration agents before book closing must be actually delivered on or before the book closing deadline.

The 3PVRO shall provide a cover letter indicating any applications that they believe were fraudulently completed or collected.

(e) A receipt shall be provided to an applicant upon accepting possession of their application using Form DS-DE 129. A person collecting voter registration applications on behalf of a 3PVRO may make, and a 3PVRO may retain, a copy of the Form DS-DE 129 provided to the applicant. Section 97.0575(7), F. S., does not prohibit a person collecting voter registration applications on behalf of a 3PVRO from making, or a 3PVRO from retaining, a copy of the Form DS-DE 129 provided to an applicant under section 97.0575(4), F.S.

(f) Each voter registration application contains a voter’s personal information that is not generally available to the public. For purposes of section 97.0575(7), F.S., a person collecting a voter registration application on behalf of a 3PVRO for the reason of providing such application (including the voter’s personal information contained therein) to the 3PVRO shall be deemed to be “in compliance with this section” with respect to providing such application to the 3PVRO if the person:

Provides such application to the 3PVRO and
Does not retain such application, or any information thereon, in whole or part, after providing it to the 3PVRO.

(g) A 3PVRO serves as a fiduciary to an applicant whose voter registration application it collects. A 3PVRO may not retain an applicant’s voter registration application (or the voter’s personal information contained therein) after promptly delivering it to the Division of Elections or the Supervisor of Elections in the county in which the applicant resides, nor may a 3PVRO use such application (or the voter’s personal information contained therein) for any purpose other than promptly delivering such application to the Division of Elections or the Supervisor of Elections in the county in which the applicant resides.

(6) Referral to Attorney General for Enforcement; Waiver of Fines.

(a) In exercising the authority to refer violations of the third-party voter registration law to the Attorney General for enforcement, the Secretary of State’s principal concern is the protection of applicants who have entrusted their voter registration applications to a 3PVRO. By law, the 3PVRO serves as a fiduciary to those applicants, who have a right to expect that their applications will be timely delivered to an elections official irrespective of party affiliation, race, ethnicity, or gender.

(b) Any 3PVRO claiming that its failure to deliver a voter registration application within the required timeframe was based upon force majeure or impossibility of performance may provide a statement to the Division explaining the circumstances constituting force majeure or impossibility of performance.

(c) If the information provided to the Division by the 3PVRO demonstrates that the failure to timely deliver a voter registration application was the result of force majeure or impossibility of performance, the Secretary of State will not refer the violation to the Attorney General for enforcement.

(d) The Secretary of State will not refer a violation to the Attorney General unless there is evidence that the applicant entrusted the voter registration application to the 3PVRO, except if the evidence reflects that the applicant themself is fictitious or fraudulent.

(e) A 3PVRO may, pursuant to section 97.0575(1)(e)-(f), F.S., require each person collecting or handling voter registration applications on behalf of the 3PVRO to sign written declarations using Form DS-DE 127 declaring under penalty of perjury that he or she has not been convicted of a felony enumerated in section 97.0575(1)(e), F.S., and that he or she is a U.S. citizen. A 3PVRO shall not be subject to a fine pursuant to section 97.0575(1)(e)-(f), F.S., as applicable, for permitting a felon or non-U.S. citizen to handle or collect voter registration applications on behalf of the 3PVRO if the 3PVRO has a Form DS-DE 127 signed by the felon or non-U.S. citizen prior to collecting or handling voter registration applications on behalf of the 3PVRO.

(7) Processing of Voter Registration Applications from a 3PVRO by the Division and Supervisors of Elections and Accounting of Application Forms.

(a) A voter registration official shall record the date of delivery on the bottom portion of the front side of the application in a manner that does not obscure any other entries. An application is considered delivered on the date the application is actually received by the Supervisor of Elections in the applicant’s county of residence or the Division, if delivered in person, or, if mailed, the date of the postmark. If a postmark is not present or unclear, the date of delivery is the actual date of receipt by the Supervisor of Elections in the applicant’s county of residence or the Division. For a determination of a fine based upon the application being received by mail after the book closing date, a clear postmark on or before the date of book closing will excuse the fine. If a 3PVRO delivers more than one application at the same time, those applications shall bear the same date of delivery regardless of when the applications are processed.

(b) A 3PVRO’s untimely delivery of a voter registration application does not affect the validity of the application. Every application must be processed regardless of the timeliness of its delivery.

(c) The Division and Supervisors of Elections shall record the number of state or federal voter registration applications they provide to, and receive from, each 3PVRO. Each Supervisor of Elections shall complete and file Form DS-DE 124 by email to 3PVRO@dos.myflorida.com with the form attached in .pdf format, by noon of the following business day to report the number of voter registration applications provided to and received from all 3PVROs the previous business day. A Supervisor of Elections is not required to file Form DS-DE 124 when they did not provide any voter registration applications to, or receive any from, 3PVRO on the preceding business day.

(8) Complaints.

(a) Any person claiming to have provided a completed voter registration application to a 3PVRO but whose name does not appear as an active voter on the voter registration rolls, or whose application was modified without their consent or untimely delivered, may complete and file Form DS-DE 121 by email to OECS@dos.myflorida.com with the form attached in .pdf format or by mail to the Office of Elections Crimes and Security.

(b) Any person, organization, or entity (including a Supervisor of Elections) may report allegations of irregularities or fraud involving voter registration activities by filing an elections fraud complaint with the Division. See Rule 1S-2.025, F.A.C.

(c) Supervisors of Elections shall complete and file Form DS-DE 126 by email to OECS@dos.myflorida.com with the form attached in .pdf format, to report any untimely filed voter registration application submitted by a 3PVRO. A Supervisor of Elections may alternatively mail or deliver a completed Form DS-DE 126 to the Office of Elections Crimes and Security by express mail or expedited courier service. For any application containing a 3PVRO’s identification number – but no other information indicating it was collected by a 3PVRO, such as a cover letter or a “date delivered” mark, and that was received untimely or after the book closing date the explanatory statement should include a description of the Supervisor’s efforts to contact the applicant to confirm that the application was delivered to the 3PVRO.

History

Rulemaking Authority 20.10(3), 97.012(1), (2), (15), 97.0575(1), (2), (5) FS. Law Implemented 97.012(1), (2), (15), 97.021(37), 97.053, 97.0575 FS. History–New 2-26-09, Amended 5-31-10, 11-2-11, 12-5-12, 9-26-23.

Fla. Admin. Code R. 1S-2.043 Electronic File Reporting Relating to Vote-by-Mail Ballot Request Information and Early Voting Activity

(1) General applicable provisions. This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission and reporting of vote-by-mail ballot request information and early voting activity. The Supervisors of Elections are responsible for ensuring that the files required under this rule are created or converted into a tab-delimited text file and that the files are transmitted successfully and timely to the Division of Elections.

(2) Definitions. For purposes of this rule:

(a) “FVRS” refers to the Florida Voter Registration System.

(b) “Supervisor” refers to the county Supervisor of Elections.

(d) “Election,” except as otherwise expressly stated, means primary and general elections (held in even-numbered years), presidential preference primary elections, and special elections held pursuant to Section 100.101, F.S. This rule does not apply to municipal, local referendum, or special district elections.

(e) “Standing request” means a vote-by-mail ballot request on file from a voter that serves as a request to receive a vote-by-mail ballot for all elections occurring from the date of the initial request through the end of the calendar year for the next regularly scheduled general election, and for which the supervisor has yet to determine if the voter is eligible to vote a vote-by-mail ballot in the election.

(3) Vote-by-mail ballot request information files.

(a) Compilation. For each election as defined in paragraph (2)(d), the Supervisor shall compile daily an electronic file that contains the most current information and vote-by-mail ballot request status for each eligible voter in the applicable election. The file shall contain all vote-by-mail ballot requests, but only one record per voter. Each day’s file shall be a complete replacement of the previous day’s file as it relates to the vote-by-mail ballot status for each voter who has requested a vote-by-mail ballot for the applicable election (i.e., the latest status of the voter’s vote-by-mail ballot request shall replace an earlier status of the request). The Supervisor shall create a separate file for each election. The file shall be in the format specified in paragraph (c).

(b) File Transmission. The Supervisor shall electronically transmit the vote-by-mail ballot request information file described in paragraph (a) to the Division on a continuous daily basis including weekends no later than 8 a.m., in the time zone of the Supervisor’s office of the day after the day being reported. The daily file shall be transmitted even if there is no new information or activity to report for the applicable election during the required transmission period.

For the presidential preference primary election, the first file shall be transmitted 60 days before the election and the last file transmitted on the 15th day after the election.
For the primary and general elections, the first file shall be transmitted 60 days before the primary election and the last file transmitted on the 15th day after the general election.
For a special election, by operation of Section 100.191, F.S., the first file shall be transmitted 60 days before the special primary or if the order calling for the special election occurs less than 60 days before the special primary, no later than two business days after the Division provides the Supervisor the election identifications for the special primary and special election, and the last file transmitted on the 15th day after the special election.

Each file shall be created or converted into a tab-delimited text file.
Quotes shall not be used to enclose alphanumeric data.
For each registered voter’s record, the address included shall be the mailing address on the voter’s record to which the voter has requested the ballot to be sent.
The file shall not contain any information protected from public disclosure under federal or state law including any information protected pursuant to Section 97.0585, F.S., relating to Florida driver license, state identification and/or social security number, Sections 119.071(4)(d)1.-2., F.S., relating to high-risk professionals, and Section 119.071(5), F.S., relating to social security numbers. An * shall be placed in any field within the file where the information is not included due to it being protected from public record disclosure.
The Supervisor shall provide the information for each record as specified in Form DS-DE 145 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14393, eff. 06/2022).
File names shall adhere to the following convention:

a. Three character county identifier followed by underscore.

b. Followed by three character file type identifier followed by an underscore (‘VBM’ = Vote-by-Mail Request List).

c. Followed by FVRS election ID followed by an underscore.

d. Followed by Date Created (format YYYYMMDD) followed by an underscore.

e. Followed by Time Created (format HHMMSS).

f. Followed by ‘.txt’.

g. Example: LEO_VBM_10217_20140810_001000.txt.

(d) Public access.

Any person or entity authorized under Section 101.62, F.S., may access online daily county files of vote-by-mail ballot request information as directly received from the Supervisor and posted on the Division’s website. In order to access this information, a person or entity authorized under Section 101.62, F.S., must first submit an online request application at: https://countyballotfiles.floridados.gov/Account/Register, Form DS-DE 146, Application to Obtain Vote-by-Mail Ballot Request Information (http://www.flrules.org/Gateway/reference.asp?No=Ref-14394), eff. 06/2022.

a. The Division shall then assign a login account. Authorization for access is only valid through the earlier of the end of the general election year in which authorization was initially granted or until the person or entity is no longer statutorily entitled to the information, whichever is applicable.

b. All login accounts for access automatically expire at the end of each general election year and if the person or entity remains eligible and wishes to receive the information for future elections, the person or entity must reapply.

An individual voter requesting access to his or her personal vote-by-mail ballot request information must obtain such information directly from the Supervisor of his or her county of residence.

(4) Early voting activity files.

(a) Compilation.

Early voting summary file. During each day of the early voting period, the Supervisor shall make available the total number of voters casting a ballot at each early voting location during the previous day.
Early voting voters list file. For each election as defined in subsection (2), the Supervisor shall compile and make available an electronic file that contains in accordance with the specifications in paragraph (c), a list of the individual voters who cast a ballot at each early voting location for the election up through the last day being reported.

(b) File transmission. The Supervisor shall transmit to the Division the early voting voters list file in subparagraphs (a)1. and 2., by 8 a.m., if practicable, but no later than 12:00 noon in the time zone of the Supervisor’s office of the day after the day being reported. The files shall be sent daily even if there is no new information or activity to report. The first files shall be sent the day after the early voting period begins and the last files shall be sent the day after the early voting period ends for that respective election in that county.

The files shall be created in or converted into a tab-delimited text file format.
Alphanumeric data shall not be enclosed in quotes.
The files shall not contain any information protected pursuant to an exemption requested under Sections 119.071(4)(d)1.-2., F.S. An * shall be placed in any field within the file where the information is not included due to it being protected from public record disclosure.
Information required by statute and any other information for the each record shall be submitted in the format specified in Form DS-DE 147 (eff. 12/13/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06151).
File names shall adhere to the following convention:

a. Three character county identifier followed by underscore.

b. Followed by three character file type identifier followed by an underscore (‘EVL’ = Early Voting List).

c. Followed by FVRS election ID followed by an underscore.

d. Followed by Date Created (format YYYYMMDD) followed by an underscore.

f. Followed by Time Created (format HHMMSS).

g. Followed by ‘.txt’.

h. Example: LEO_EVL_10217_20140810_001000.txt.

(d) Public access. The Division shall post the files as received during the requisite reporting period to its public website.

(5) All forms mentioned in this rule are incorporated by reference and are available by contacting the Florida Department of State, Division of Elections, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6200, or by access to the Division website.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.62(3), 101.657(2) FS. Law Implemented 101.62, 101.657 FS. History–New 2-4-10, Amended 10-27-10, 12-13-15, 6-23-22.

Fla. Admin. Code R. 1S-2.045 Candidate Petition Process

(1) Qualification by Petition.

(a) A person who seeks to qualify as a candidate for any office may have the qualifying fee and party assessment required by Chapters 99 and 105, F.S., waived by satisfying the petition requirements of this rule and Sections 99.095 and 105.035, F.S. Such person must still satisfy all other requirements for qualification set out in Chapters 99 and 105, F.S.

(b) Persons who seek to have their names printed on the ballot as candidates for President and Vice President of the United States as no party affiliated candidates and minor political parties that are not affiliated with a national party holding a national convention to nominate candidates for President and Vice President of the United States shall comply with the petition requirements in this rule to have the candidates’ names placed on the ballot.

(2) Required Number of Signatures. Except in a year of apportionment as specified in Sections 99.095 and 99.09651, F.S., a candidate shall obtain the number of signatures of voters in the geographical area represented by the office sought equal to at least 1 percent of the total number of registered voters of that geographical area, as shown by the compilation by the Department of State for the immediately preceding general election. Special district candidates may qualify by obtaining at least 25 signatures of voters in the geographical area represented by the office sought. Except for special district candidates who have not collected contributions and whose only expense is the signature verification fee and federal candidates, signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository pursuant to Section 106.021, F.S.

(3) Format of Petition.

(a)1. Except for presidential and vice presidential candidates, the format of a candidate petition shall be in accordance with Form DS-DE 104 (effective 9/11), entitled “Candidate Petition” (http://www.flrules.org/Gateway/reference.asp?No=Ref-00623).

The format of a candidate petition for presidential and vice presidential candidates seeking ballot position as no party affiliated candidates shall be in accordance with DS-DE Form 18A (effective 09/11), entitled “President and Vice President Candidate Petition – No Party Affiliation” (http://www.flrules.org/Gateway/reference.asp?No=Ref-00624), and the format of the candidate petition for a minor political party that is not affiliated with a national party holding a national convention to nominate candidates for President and Vice President of the United States shall be in accordance with Form DS-DE 18B (effective 9/11), entitled “President and Vice President Candidate Petition – Minor Political Party” (http://www.flrules.org/Gateway/reference.asp?No=Ref-00625).
Forms DS-DE 18A, 18B and 104 are hereby incorporated by reference and are available from the Division of Elections, Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6240, or by download from the Division of Elections’ rules webpage or forms webpage at: http://elections.myflorida.com.

(b) Forms DS-DE 18A, 18B, and 104 must be reproduced for use by candidates in their exact wording and formats without any changes in their text or formats, except the forms may be reduced or enlarged proportionally in size as a whole document. Also, candidates may use color highlights, circles, X’s, arrows, or similar markings that draw attention to items on the form, as well as using cross-outs, line-throughs, or similar markings on items on the form that are not applicable to their candidacy. The forms may not be less than 3 inches by 5 inches and no larger than 8 1/2 inches by 11 inches. Each form must be submitted for verification as a separate card or individual sheet of paper. Candidates may have the forms translated into a minority language if the format of the forms and their blank entries remain the same. If a translated version is made, the forms may be made into a two-sided form with one side in English and the other side in a minority language; however, a voter shall complete only one side of the form. If both sides should be completed, the supervisor of elections to whom the form is submitted shall verify only the signature on the English side of the form.

(c) Except for the signature of the voter and date the voter signs the form, the entries on Forms DS-DE 18A, 18B and 104 may be completed prior to the voter signing and dating the form.

(d) A separate petition form is required for each candidate.

(e) The petition form may be included within a larger advertisement, provided the form is clearly defined by a solid or broken border. If included within a larger advertisement, the petition form may have information from the advertisement on the reverse of the petition form; otherwise, when used as a standalone petition form, it may only have a translation into a minority language on its reverse.

(f) The candidate’s name on the petition form may be either a variation of the candidate’s legal name or the name that the candidate places on the candidate oath in Section 99.021, F.S.

(4) Submission of Petition.

(a) Each Form DS-DE 104 must be submitted before noon of the 28th day preceding the first day of the qualifying period for the office sought to the supervisor of elections of the county in which the signee is registered to vote.

(b) Each Form DS-DE 18A or Form DS-DE 18B must be submitted no later than July 15 of each presidential election year to the supervisor of elections of the county in which the signee is registered to vote.

(c) It is the responsibility of the candidate or minor political party, as applicable, to ensure that the signed petition form is properly filed with, or if misfiled, forwarded to the supervisor of elections of the county in which the signee is registered to vote. If the supervisor of elections determines that the signer of the petition is not a registered voter in his or her county, the supervisor of elections shall notify the candidate or minor political party, as applicable, that the petition has been misfiled. In the case of a misfiled petition, the filing date of the petition is the date such petition is filed with the proper county.

(d) A voter has no authority to revoke his or her signature on a petition after the petition is submitted to the supervisor of elections or other applicable filing officer.

(5) Verification of Signatures.

(a) Upon receipt of candidate petition forms and payment of applicable signature verification fees, the supervisor of elections shall verify the signatures on each petition form to ensure that each person signing the petition form is a registered voter in the county, district, or other geographical area represented by the office sought, unless otherwise specified in Sections 99.095 and 99.09651, F.S.

(b) Except for special district candidates who have not collected contributions and whose only expense is the signature verification fee and federal candidates, the supervisor of elections shall also verify that the date the voter signed the petition form is on or after the date the candidate filed the appointment of campaign treasurer and designation of campaign depository pursuant to Section 106.021, F.S., with the appropriate filing officer.

(c) If the candidate is running for an office that requires a group or district designation, the petition must indicate that designation and, if it does not, the signatures are not valid, unless otherwise specified in Sections 99.095 and 99.09651, F.S.

(d) No signature on a candidate petition form shall be counted toward the number of signatures required unless it is on the candidate petition form prescribed by the Division in this rule.

(e) A signature on a candidate petition form shall not be counted toward the number of signatures required if the voter has previously signed a candidate petition form for the same candidate for the same office in the same election that had been verified as valid.

(f) In addition to the above requirements, the supervisor of elections shall not verify as valid a signature on a candidate petition form unless all of the following information is contained on the petition form:

The voter’s name;
The voter’s address (including city and county);
The voter’s complete voter registration number or date of birth (to include the month, day, and year) that matches the date of birth on the voter’s registration application;
The voter’s original, ink signature; and,
The date the voter signed the petition (to include the month, day, and year) as recorded by the voter.

(g) If all other requirements for the petition are met, a signature on a petition shall be verified and counted as valid for a registered voter if, after comparing the signature on the petition and the signature of the registered voter in the voter registration system, the supervisor is able to determine that the petition signer is the same as the registered voter, even if the name on the petition is not in substantially the same form as in the voter registration system.

(h) If a voter signs a petition and lists an address other than the legal residence where the voter is registered, the supervisor shall treat the signature as if the voter had listed the address where the voter is registered.

(i) The following represents a nonexclusive listing of examples based upon the requirements in this rule that will make the candidate petition invalid:

The petition is signed and dated before the candidate has filed the appointment of campaign treasurer and designation of campaign depository pursuant to Section 106.021, F.S., unless the candidate is a special district candidate who has not collected contributions and whose only expense is the signature verification fee or the candidate is a candidate for federal office.
The petition has a different party affiliation or office being sought by the candidate than that listed by the candidate on the current form the candidate has on file for the appointment of campaign treasurer and designation of campaign depository pursuant to Section 106.021, F.S.
The petition fails to list a group, seat, or district designation, except when otherwise provided by law.
The petition indicates conflicting or incorrect information regarding the candidate’s status as a nonpartisan, no party affiliated, or party affiliated candidate. Conflicting information on DS-DE 104 is not deemed to have occurred if the boxes for “Nonpartisan” and “No party affiliation” are X’ed out along with the words “Nonpartisan” and “No party affiliation” being X’ed out and an “X” or similar marking also appears in the box preceding the “________________ Party” entry on the form when the petitions lists the name of the party; in this situation, the petition is to be considered as a candidate petition for the named party.
The petition is signed by a voter who is not a registered voter in the county, district, or other geographical area represented by the office sought, unless otherwise specified in Sections 99.095 and 99.09651, F.S., at both the time of signing and verification of the petition.
The petition is dated after the date the petition is submitted to the supervisor of elections.
The petition fails to contain the original signature of the voter. (Photocopied, scanned, electronic, or facsimile signatures are not original for purposes of this rule.)
The petition is in a different format than the applicable candidate petition form incorporated by reference in this rule.
The petition was circulated for a different election than the election for which the candidate is seeking to qualify, unless the candidate seeks to qualify in an intervening special election for the identical office for which the candidate was originally seeking to qualify. (If the candidate does not seek to qualify for the intervening special election, the candidate may continue to use his or her petitions to qualify in the subsequent general election for the office being sought.)

(6) Determination of Required Number of Signatures.

(a) Supervisors of elections shall report online to the Division the number of valid and invalid signatures submitted on candidate petition Forms DS-DE 18A, 18B, and 104 by using the “SOE Handbook on Certifying Candidate Petitions” (Form DS-DE 134, eff. 3/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-05906) under the section entitled “How to Enter Valid and Invalid Petitions.” Form DS-DE 134 is hereby incorporated by reference and is available from the Division of Elections, Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6240, or by download from the Division of Elections’ rules webpage or forms webpage at: http://elections.myflorida.com.

(b) No later than 5:00 p.m. on the 7th day before the first day of the qualifying period, supervisors of elections shall submit to the Division of Elections the number of valid and invalid signatures received on Form DS-DE 104 for each candidate for federal, state, multicounty district, or multicounty special district office.

(c) Supervisors of elections shall submit to the Division of Elections the number of valid and invalid signatures received on Forms DS-DE 18A and 18B, respectively, for each candidate for President and Vice President and minor political party, as applicable, on or before the date of the primary election held in the presidential election year.

(d) A minor political party that is not affiliated with a national party holding a national convention to nominate candidates for President and Vice President of the United States and that has obtained the requisite number of signatures on DS-DE 18B shall file with the Department of State no later than September 1 of the year in which the election is held a certificate naming its candidates for President and Vice President of the United States and listing the required number of persons to serve as presidential electors.

(e) The Division shall determine whether the required number of signatures has been obtained under paragraphs (b) and (c), and shall notify the candidate and minor political party, as applicable.

(f) Supervisors of elections shall determine whether the required number of signatures have been obtained for candidates for county, district or special district office not covered by paragraph (b) or (c), and shall notify the candidate.

(g) If the required number of signatures has been obtained, the candidate is eligible to qualify pursuant to section 99.061 or 105.031, F.S., as applicable.

(7) Effect on Previously Approved Candidate Petition Form. Only forms DS-DE 18A, 18B, and 104, approved by the Division of Elections with an effective date of 9/2011, may be used and circulated for signature gathering. No other versions of a candidate petition form may be used after the effective date of this rule.

History

Rulemaking Authority 20.10(3), 97.012(1), 99.095, 99.097(1), 105.035(2) FS. Law Implemented 99.095, 99.061, 99.097, 103.021, 105.031, 105.035 FS. History–New 10-23-07, Amended 11-7-10, 12-5-11, 1-1-14, 10-18-15.

Fla. Admin. Code R. 1S-2.046 Initiative Process for Method of Selection for Circuit or County Court Judges

(1) Submission of Initiative Form.

(a) Any proposed initiative to change the method of selection of circuit court judges for placement on the ballot shall be submitted by the sponsoring political committee to the Division of Elections for approval as to format.

(b) Any proposed initiative to change the method of selection of county court judges for placement on the ballot shall be submitted by the sponsoring political committee to the Supervisor of Elections in the affected county for approval as to format.

(c) The submission of the proposed initiative shall be in writing and shall include a copy or a facsimile of the proposed form to be circulated.

(d) No initiative form may be circulated for signatures unless first approved by the Division of Elections or the Supervisor of Elections, as applicable.

(2) Requirements and Approval of Initiative Form. The Division of Elections or Supervisor of Elections, as applicable, shall review the initative form solely for sufficiency of the format and shall render a decision within seven (7) days following receipt. The Division of Elections or Supervisor of Elections, as applicable, shall not review the initiative form for legal sufficiency. The format of the initiative form is deemed sufficient only if the initiative form corresponds to the following:

(a)1. The format of an initiative form submitted for review and approval by the Division of Elections shall be substantially in accordance with Form DS-DE 112 (eff. 12/08), entitled “Circuit Court Judge Selection Initiative Form.”

The format of an initiative form submitted for review and approval by a Supervisor of Elections shall be substantially in accordance with Form DS-DE 113 (eff. 12/08), entitled “County Court Judge Selection Initiative Form.”

(b) Is printed on separate cards or individual sheets of paper. The minimum size of such forms shall be 3 inches by 5 inches and the maximum shall be 8 1/2 inches by 11 inches. The initiative form shall be contained on only one-side of the card or paper.

(c) Is clearly and conspicuously entitled at the top of the form “Circuit Court Judge Selection Initiative Form” or “County Court Judge Selection Initiative Form,” as applicable.

(d) Includes adequate space for the voter’s name, residential street address, city, county, voter registration number, date of birth, signature, and date of signature.

(e) Contains the ballot language in Section 101.161(3), F.S., for circuit or county court judges, as applicable. One form may not be used as an initiative to change the method of selection for both circuit and county court judges.

(f) Contains space for only one voter’s signature to be located below the applicable ballot language. Initiative forms providing for multiple signatures per page will not be approved.

(g) Is marked, in accordance with Section 106.143, F.S., governing political disclaimers, with “paid political advertisement” or contains the abbreviation “pd. pol. adv.” and identifies the name and address of the sponsoring political committee, and the name of the entity paying for the production or distribution of the initiative form if different from the name of the sponsoring political committee.

(3) Forms DS-DE 112 and 113 are hereby incorporated by reference and are available from the Division of Elections, Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6500, or by download from the Division of Elections’ rules webpage at: http://election.dos.state.fl.us.

(4) Additional Information or Materials. Other than providing information or a method by which the initiative form may be returned by mail to the sponsoring committee, no additional information or materials shall be printed directly on the form.

(5) Assignment of a Serial Number.

(a) The Division of Elections or Supervisor of Elections, as applicable, shall assign a serial number as noted herein to each approved initiative form. The serial number assigned must be printed in the lower right hand corner of the initiative form.

(b) The serial number assigned by the Division of Elections shall begin with the capital letter “C,” followed by the last two digits of the calendar year in which the initiative form is approved and by a number in numerical sequence. For example, the first initiative form approved by the Division of Elections in 2009 would be assigned the serial number C09-1.

(c) The serial number assigned by a Supervisor of Elections shall begin, except as noted herein, with the first three letters of county’s name, followed by the last two digits of the calendar year in which the initiative form is approved and by a number in numerical sequence. Instead of the first three letters in the county’s name, the following counties will use these letters: Collier – CLR and Martin – MRT. For example, the first initiative form approved in 2009 by Palm Beach County would be assigned the serial number PAL09-1 and the first initiative form approved in 2010 by Collier County would be assigned the serial number CLR10-1.

(6) Changes. Any change to a previously approved initiative form shall be submitted to the Division of Elections or Supervisor of Elections, as applicable, for review. No person or entity other than the sponsoring political committee of the previously approved initiative form can submit a change to a previously approved initiative form. The Division of Elections or Supervisor of Elections must approve any material change to a previously approved initiative form. A material change constitutes a change in the wording of the text of the proposed ballot language, a change in punctuation or layout, or a change in the name of the sponsoring political committee. A translation into another language does not constitute a material change to an initiative form. Any material change submitted for approval to a previously approved initiative form constitutes a request for approval of a new initiative form and shall be assigned a different serial number upon approval by the Division of Elections or Supervisor of Elections, as applicable.

(7) Reproduction. An initiative form may be reproduced in newspapers, magazines, and other forms of printed mass media or made available through the internet for download printing, provided the form is reproduced in the same format as approved by the Division of Elections or Supervisor of Elections, as applicable. The initiative form may be included within a larger advertisement, provided the form is clearly defined by a solid or broken line border.

(8) Submission of Signed Initiative Forms. All signed initiative forms shall be returned to the sponsoring political committee. Only the sponsoring political committee shall submit the signed initiative forms for verification of signatures to the Supervisor of Elections and the submission shall be in the county in which the signer is a registered voter. It is the responsibility of the sponsoring political committee to ensure that the signed initiative form is properly filed with, or if misfiled forwarded to, the Supervisor of Elections of the county in which the signee is a registered voter. In the case of a misfiled initiative form, the filing date of the initiative form is the date such form is filed with the proper county.

(9) Signature Verification.

(a) The Supervisor of Elections shall promptly verify the signatures on each initiative form to ensure that each person signing the initiative form:

Was, at the time of signing and verification of the initiative form, a registered voter in the county in which the form is submitted,
Had not signed the initiative form more than two years prior to the date the Supervisor of Elections verified the form, and
Had not ever previously signed an initiative form containing the identical initiative.

(b) The Supervisor of Elections shall not verify a signature on the initiative form unless all of the following information is contained on the initiative form:

The voter’s name,
The voter’s address (including city and county),
The voter’s date of birth or voter registration number,
The voter’s original signature, and
The date the voter signed the initiative form, as recorded by the voter.

(10) Limitation on Use of Verified Signatures. Verified signatures used successfully to place a proposed initiative on the ballot that subsequently fails to be approved by the electors at the general election shall not be used again in support of any future initiative form.

History

Rulemaking Authority 20.10(3), 97.012(1), 105.036 FS. Law Implemented Art V, Fla. Const., 101.161, 105.036 FS. History–New 4-15-09.

Fla. Admin. Code R. 1S-2.047 State Campaign Matching Funds Program

(1) Request. A candidate for the office of Governor or member of the Cabinet who desires to receive state matching funds pursuant to the Florida Election Campaign Financing Act shall complete Form DS-DE 98, “Candidate for Governor or Cabinet Member Request for Campaign Financing Act Matching Funds” (eff. 11/17) (http://www.flrules.org/Gateway/reference.asp?No=Ref-08806), and submit it to the Division of Elections (Division) no later than the date the candidate qualifies for office.

(2) Filing of campaign finance reports and documentation.

(a) Candidates requesting matching funds must file their campaign finance reports with the Division electronically as provided in Section 106.0705, F.S., and Rule 1S-2.017, F.A.C. For purposes of processing requests and distributing matching funds, a report and its supporting documentation are deemed:

Timely filed only if they are filed no later than 12:00 Noon (Eastern Time), on the due date of the campaign finance report.
Untimely filed if they are filed after 12:00 Noon (Eastern Time), on the due date of the campaign finance report.

(b) A candidate requesting state matching funds must include in the campaign finance report all information required by Sections 106.07 and 106.30-.36, F.S., and must also provide all information and documentation required by subsection (2) of this rule.

(c) If a candidate requesting state matching funds submits a campaign finance report listing contributions and subsequently amends such report or resubmits supporting documentation, any adjustment to the candidate’s distribution of funds will be made as provided in subsection (3) of this rule.

(d) Documentation to support a reported contribution may be submitted in paper or electronic format.

Regardless of the format, documentation must be submitted in the corresponding sequence order as recorded on the filed campaign finance report beginning with the smallest sequence number.
Paper documentation must be submitted on 8 1/2 by 11 paper. The top, right portion of each page must include the candidate’s last name, candidate identification number, the report name (e.g., P1, G3, etc.), and the contribution sequence number or numbers to which the documentation pertains. Information may be submitted in portrait or landscape format; however, all pages within the documentation submission must be in the same format.
Electronic submission of documentation must be done via a separate file for each corresponding filed campaign finance report. The filename for the electronic submission must contain the candidate’s last name followed by the type of report (e.g., JonesP1, SmithG2, etc.), unless the candidate had previously requested and the Division had specifically exempted the candidate from the file name requirement because of character limitations in the filename. The documentation must clearly identify the contribution sequence number or numbers to which the image pertains. All electronic documents within the file must be submitted in a horizontal format, readable from left to right, so that the Division can read the document on a computer screen without having to rotate any image.

(e) The supporting documentation must satisfy the requirements of this rule to permit verification of the applicable contribution on the campaign finance report for which matching funds are requested.

(f) The Division must receive the following legible and complete documentation:

For a contribution made by check or cashier’s check, a copy of the check or cashier’s check,
For a contribution made by credit or debit card, a copy of the credit or debit card receipt,
For an in-kind contribution, a written statement signed by the contributor that includes the date the contribution was made, a description of the contribution and the fair market value of the contribution; and,
For a cash contribution, a copy of the bank deposit slip. The deposit slip must itemize cash deposits by contributor name and contribution amount.

(g) Documentation that does not conform to the specifications in subsection (2) of this rule, will not be processed and the Division will notify the candidate. Upon the Division’s subsequent and timely receipt and verification of documentation that is in compliance with these specifications, matching funds will be distributed as provided in subsection (3) of this rule.

(3) Distribution of state matching funds.

(a) For purposes of distribution of state matching funds, the Division shall process campaign finance reports and documentation in order of receipt and prioritize those that are timely submitted over those that are untimely submitted.

(b) Distributions shall be based on verified matching contributions that were received after September 1 of the calendar year prior to the election.

The first distribution of funds shall be distributed to eligible candidates on the 32nd day prior to the primary election based both on timely filed campaign finance reports which are required to be filed on or before the 60th day before the primary election and the documentation as specified in this rule.
The second distribution of funds shall be distributed to eligible candidates on the 25th day prior to the primary election based both on timely filed campaign finance reports which are required to be filed after the 60th day but no later than the 32nd day prior to the primary election and the documentation as specified in this rule.
Each subsequent distribution of state matching funds to eligible candidates shall be based on the prior week’s timely filed report or reports and documentation as specified in this rule.

(c) Subject to the further restrictions specified in this subparagraph and subsection (d), distribution of funds based on untimely documentation or reports, amended reports, or supplemental documentation will be distributed no later than the weekly cycle occurring three weeks after receipt of such documentation or report. However, no distribution shall occur based upon the applicable campaign finance contribution report and its supporting documentation if the following final deadlines for campaign finance reports and documentation are not met:

Campaign finance reports and documentation due on the 25th, 18th, and 11th day before the primary or general election must be received no later than noon on the day the report and documentation are due.
Campaign finance reports and documentation due on or before the 32nd day prior to the primary election must be received no later than noon on the 25th day prior to the primary election.
The campaign finance report and documentation due on the 4th day prior to the primary election must be received no later than noon on the 3rd day following the primary election.
Campaign finance reports and documentation due between the 60th day and the 32nd day prior to the general election must be received no later than noon on the 25th day prior to the general election.
The campaign finance report and documentation due on the 4th day prior to the general election must be received no later than noon on the 3rd day following the general election.

(d) Distributions shall not be made to any person after the person withdraws his or her candidacy, becomes an unopposed candidate, or is eliminated as a candidate or elected to office, even if the person submitted nonconforming documentation while the person was a candidate and then corrects the deficiencies in the documentation after withdrawing, becoming unopposed, being eliminated, or being elected. The only exception is that a distribution can be made to a candidate based upon qualifying matching contributions received and certified to the Division on the campaign finance report due on the 4th day prior to the election, as long as the documentation conforms to the requirements of this rule.

(4) Review of agency action.

(a) An adverse final decision by the Division regarding the distribution of matching funds constitutes a notice of agency decision for purposes of Rule 28-106.111, F.A.C.

(b) Pursuant to Section 120.569(2)(a), F.S., and Rule 28-106.111, F.A.C., the person receiving the adverse action may request a hearing by filing such request with the Division within 21 days of the notice of agency decision. Failure to timely file a request shall constitute a waiver of any such entitlement.

Upon specific request by the aggrieved person, the Florida Elections Commission shall be designated by the Division to serve as the presiding officer for purposes of Chapter 120, F.S., and Rule 28-106.102, F.A.C., and as provided in Section 106.35(1), F.S. The Florida Elections Commission shall conduct the hearing in accordance with its own rules and in accordance with Chapter 28-106, F.A.C. After conducting the hearing, the Florida Elections Commission shall enter with the Division, through the agency clerk, a recommended order pursuant to Rule 28-106.216, F.A.C.
If no specific request is made that the Florida Elections Commission be substituted as the presiding officer, the Division will assign a presiding officer in accordance with Rule 28-106.102, F.A.C.

(c) Appeal of final order by the Division. An aggreived person may appeal the Division of Elections’ final order to the District Court of Appeal as provided by law and appellate rules.

(5) Voluntary Expenditure Limits. Candidates not participating in public campaign finance who wish to voluntarily abide by the expenditure limits of Section 106.34, F.S., and the contribution limits on personal and party funds set forth in Section 106.33, F.S., shall file an irrevocable statement to this effect on Form DS-DE 90, “Irrevocable Statement to Voluntarily Abide by the Expenditure and Contribution Limits on Personal and Party Funds” (eff. 11/17) (http://www.flrules.org/Gateway/reference.asp?No=Ref-08805), upon qualifying for office.

(6) Forms Incorporated by Reference. All forms contained in this rule are incorporated by reference and are available from the Division of Elections, Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, from the Division’s website at: http://dos.myflorida.com/elections/forms-publications/forms/, or by calling (850)245-6240.

Editorial Note: This rule originated from former1S-2.017(2) and (3), Dated 6-2-05.

History

Rulemaking Authority 20.10(3), 106.33, 106.35(1), (5) FS. Law Implemented Fla. Const., Art VI, s. 7, 106.30-.36 FS. History–New 4-15-09, Amended 2-2-14, 11-27-17.

Fla. Admin. Code R. 1S-2.048 Voter Registration Agencies-Responsibilities

(1) General application. These provisions apply to voter registration agencies as defined by Section 97.021, F.S. Voter registration agencies are not third-party voter registration organizations. Applicable voter registration agencies include:

(a) Any office that provides public assistance (e.g., any office that provides assistance through the food assistance program under the federal Supplemental Nutrition Assistance Program (SNAP), the Temporary Cash Assistance Program (TANF), the Florida Kidcare, the Medicaid Program and the Special Supplemental Food Program for Women, Infants, and Children (WIC), Department of Children and Families (DCF).

(b) Any office that serves persons with disabilities. The office may be a stand-alone governmental agency or an office operating within a state or local government agency such as the Agency for Persons with Disabilities (APD), a state-funded college or university that serves persons with disabilities, the Florida Department of Veterans’ Affairs (DVA), the Florida Department of Children and Family Services (DCF), the Florida Department of Education’s (DOE) Division of Blind Services and Division of Vocational Rehabilitation.

(d) Any public library. A public library refers to any library that serves a community, district or region and provides an organized collection of printed and other library materials or combination thereof, paid staff, a schedule in which staff services are available to public, facilities to support collection, staff and schedule, and is supported in whole or in part with public funds. The term does not include an academic library.

(e) Any armed forces recruitment office.

(2) Except the offices designated pursuant to section (1), no federal or state office may become a voter registration agency unless first designated by the Secretary of State. Thereafter, the state or federal office may then agree to accept such designation.

(3) Forms. The following forms are hereby incorporated by reference and available from the Division of Elections’ website under Forms or by contacting the Division of Elections at DivElections@dos.myflorida.com or (850)245-6200.

(a) Form DS-DE 77 (eff. 10/24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17074), entitled “Voter Registration Agency –Form including Notices.”

(b) Form DS-DE 131 (eff. 10/24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16805), entitled “Voter Registration Agency - Quarterly Report.”

(4) Voter Registration Agency Coordinator. Each voter registration agency shall designate an agency coordinator for voter registration activities related to NVRA and Section 97.058, F.S. For purposes of designating a coordinator of this subsection and reporting voter registration activities under subsection (7), “each voter registration agency” refers to the highest level of administrative unit or a consortium unit that oversees and monitors activities over one or more jurisdictional, district, or regional offices or divisions. The coordinator shall:

(a) Notify the Division of Elections of his or her name and contact information and keep the Division up-to-date regarding any changes within 10 calendar days of the change.

(b) Identify those agency staff and agents of the agency whose duties involve offering new agency services or renewal or recertification thereof, or the intake of address changes for those services.

(c) Ensure that the duties of persons identified in paragraph (b), delineate responsibility to provide voter registration and update opportunities to their clients at the same time as they are being offered the agency’s services.

(d) Provide training as set forth in subsection (5) to agency staff identified in paragraph (b), which may be satisfied by in-house training, or training offered by the Supervisor of Elections’ office, or the Division of Elections.

(5) Training. The training must cover at a minimum the following topics: how and to whom voter registration services must be offered whether services are provided in person, by phone, online, or other means, how to process the voter registration of special classes of clients as victims of domestic violence or stalking violence, and high-risk professional classes of applicants who may be entitled to address confidentiality under certain circumstances, what the procedures are for advising clients of certain voter registration rights under federal and state law as set out in the form referenced further in this rule, how to make applications in electronic or paper format available or accessible, what is the degree of assistance required if client requests assistance to complete the application, what are the mandatory and optional fields of a voter registration application, how to record or track an agency’s voter registration activities, and what is the process for collecting and submitting voter registration applications or, if authorized by law, electronic voter registration information.

(6) Voter registration opportunity. A voter registration agency shall ensure that regardless of the manner in which a person applies (in-person, over the phone, online or other means), for new or renewal or recertification of agency services or for updates to his or her address with respect to those services, the person shall be offered the opportunity to apply to register to vote or update their voter registration at the same time. However, if the person has self-identified as a non-United States citizen or the agency has otherwise identified them as a non-United States citizen, then the agency shall not provide any such voter registration opportunity. Otherwise, the offer shall be made by:

(a) Distributing the statewide a voter registration application Form DS-DE 39 or Form DS-DE 77, or making the Florida Department of State’s online voter registration application system (www.RegistertoVoteFlorida.gov) available to the person directly or by incorporating www.RegistertoVoteFlorida.gov or DS-DE 39 into the agency’s procedures or programmatic or electronic interface for input by the agency. If the application cannot be completed through www.RegistertoVoteFlorida.gov the pre-populated form must be printed for the person.

(b) The person shall be provided the same degree of assistance in completing the application that the agency provides in assisting the person in connection with the agency’s own services, unless the person refuses such assistance.

(7) Notice of Rights. When a person applies for primary agency services or assistance from a voter registration agency for the first time or renews or recertifies eligibility for such services or assistance, or changes his or her address with respect to that service or assistance, the voter registration agency, with the exception of public libraries, must give the person notice about their rights by distributing Form DS-DE 77.

(8) Reporting Requirements. Each voter registration agency through its coordinator shall submit the following reports to the Division of Elections via email on letterhead to VRA.reporting@dos.fl.gov or if email not available, to the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250:

(a) Quarterly reports regarding the agency’s voter registration activities using Form DS-DE 131, except that public libraries need only report the number of voter registration applications forwarded to the local Supervisor of Elections’ office. Each report shall include data on the prior 3 full months of voter registration activities. Such reports are due no later than April 15, July 15, October 15, and January 15 each year. Failure to submit shall result in a notice and status of noncompliance until such time as the report is submitted.

(b) Weekly reports identifying those persons who accepted the opportunity to register or update their registration, but evidence of their non-United States citizenship was found through processing the application for, or providing, agency services. 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. The data must be provided in an excel spreadsheet or other electronic format that allows for sorting and extraction of data and information.

History

Rulemaking Authority 20.10(3), 97.012(1), (2), (9), 97.052(1), 97.058(2), (3), (9) FS. Law Implemented 97.012(1), (2), (9), 97.052(1), 97.058(2), (3), (9) FS. History–New 1-2-12, Amended 10-6-24, Technical Change 9-12-25.

Fla. Admin. Code R. 1S-2.049 Vote-By-Mail Ballots – Absent Stateside Uniformed Services Voters

History

Rulemaking Authority 20.10(3), 97.012(1), 101.697 FS. Law Implemented 101.62, 101.64, 101.65, 101.6923, 101.697 FS. History–New 8-25-10, Amended 7-30-12, Repealed 3-20-14.

Fla. Admin. Code R. 1S-2.050 Cancellation of Political Party Filings

(1) Definitions.

(a) “Division” means the Division of Elections.

(b) “Most recent address on file” means, as applicable, the last address provided to the filing officer for the party’s chairperson or other officer as contained in any written filing or statement of change to a filing.

(c) “Party” means, except where the context clearly indicates otherwise in this rule, any political party, to include a minor political party.

(2) Cancellation. The division may cancel the filings by a party, to include its registration and approved status as a party, when:

(a) The party fails to have any voters registered as party members;

(b) The party fails to file campaign finance reports for more than 6 months;

(d) The party’s aggregate reported contributions and expenditures reported pursuant to Chapter 106, F.S., during the calendar year, other than the calendar year in which the party was organized, are $500 or less;

(e) The party fails to maintain a public website;

(f) The minor political party fails to file with the division the name and address of any replacement officer within 5 days after the death, resignation or removal of a party’s officer;

(g) The minor political party fails to file with the division changes to its filing certificate within 5 days after such change; or

(h) The minor political party fails to adopt and file with the division the governing documents containing the provisions specified in Section 103.095(2), F.S.

(3)(a) Initial notice of intent to cancel. The division shall send notice to the party’s chairperson of the intent to cancel the party’s filings to the most recent address on file with the division for the chairperson. If the notice is returned undeliverable, the division shall send the notice to another officer of the party at the most recent address on file with the division. Within 30 days of the date of the division’s mailing of the initial notice of intent to cancel to the chairperson, the party may provide additional documentation to the division showing why the party’s filings should not be canceled.

(b) Final notice of cancellation. After receiving the documentation under paragraph (a), or after the 30-day deadline to provide additional information, whichever occurs first, the division will determines if the filings should still be canceled and will notify the party of its decision. If the division determines that the filings should be canceled, it shall mail a final notice of cancellation including notice of right to appeal to the most recent address for the party or a party officer on file with the division.

(4) Appeal of cancellation. If the party objects to such final notice of cancellation, it must file an appeal within 30 days of the date of the division’s mailing of the final notice of cancellation. The appeal may be accompanied by any documentation or evidence supporting the claim. The appeal must be filed with the division. The division will forward the appeal to the Florida Elections Commission.

(5) Waiver. Failure to timely file an appeal as described herein shall constitute a waiver of any such entitlement.

(6) Hearing request. A party desiring a hearing before the commission must include in the appeal a separate request for hearing.

(7) Appeal not confidential. Appeals under this rule are exempt from the confidentiality provisions of Section 106.25, F.S.

History

Rulemaking Authority 20.10(3), 97.012(1), 103.095(5) FS. Law Implemented 103.091, 103.095, 103.121, 106.29 FS. History–New 9-7-11, Amended 3-5-15.

Fla. Admin. Code R. 1S-2.051 Standards for Determining Voter’s Choice on a Federal Write-In Absentee Ballot

(1) Application. The standards in this rule apply to determine whether the voter has clearly indicated a definite choice for purposes of counting a vote cast on a Federal Write-in Absentee Ballot (FWAB) during a recount under Section 102.166(4), F.S., and during the canvassing and duplication of the FWAB under Section 101.5614(5), F.S. The FWAB is issued by the Federal Voting Assistance Program (FVAP) as a back-up ballot, and is available by download from the FVAP’s webpage at: https://www.fvap.gov/uploads/FVAP/Forms/fwab.pdf.

(2) Use. Section 101.6952(2), F.S., governs when a federal write-in absentee ballot may be used in an election and by whom it may be used.

(3) Manual review and tabulation. Subject to Sections 102.166(4)(b) and (c), F.S., a vote shall count when it is determined to be a valid vote pursuant to this rule.

(4) Standards. The following standards supplement the applicable standards already set out in Sections 101.6952(2)(b)-(e), F.S., for determining whether there is a clear indication that the voter has made a definite choice, whether the vote shall be counted, and for whom or what issue.

(a) The following standards apply and will constitute clear indications of a definite choice for which the vote shall count:

Except for judicial merit retention races (see subparagraph (4)(a)6.), if the voter writes the candidate’s local or state office under the column “Office/Ballot Initiative,” and in close proximity either on the same line, directly below or above the line, or on the line directly opposite in the next column, the voter writes a qualified candidate’s name or party, the vote shall count for the qualified candidate regardless of party affiliation, or for the qualified candidate associated with the party written, whichever is applicable.
Except for judicial merit retention races (see subparagraph (4)(a)6.), if the voter writes the qualified candidate’s first or last name and no other qualified candidate in the race or on the ballot has the same or similar first or last name, the vote shall count for that qualified candidate regardless of proper or improper office designation.
If the voter uses symbols, marks, or words, such as “same” or “ditto,” or arrows, or quotation marks to indicate the same political party for all offices voted, the vote shall count for each qualified candidate of that political party, except in those races in which more than one candidate of the same political party may properly be nominated or in which two or more candidates may properly be elected.
If the voter fails to include any district or other numbered designation associated with the office but designates the correct office name, the vote shall count for that office.
If the voter writes a candidate’s partial or full name, but incorrectly writes the political party, the vote shall count for that candidate.
For a judicial merit retention race, if the voter writes the candidate’s first or last name or current office under the column “Office/Ballot Initiative” or “Candidate Name, Party Affiliation, or Initiative Vote,” and in close proximity either on the same line, directly below or above the line, or on the line directly opposite in the adjacent column, the voter writes “yes” or “no,” the vote shall count as a vote for or against retention, respectively. A voter may use symbols, marks, or words, such as “same” or “ditto,” or arrows, or quotation marks to indicate a yes or no vote, as applicable, for a subsequent judicial merit retention race after indicating a “yes” or “no” vote for a preceding race.
For a ballot measure, if the voter writes the name of the ballot measure in any identifiable form under the column “Office/Ballot Initiative,” and in close proximity either on the same line, directly below or above the line, or on the line directly opposite in the next column, the voter writes “yes” or “no,” the vote shall count as a vote for or against the ballot measure, respectively. A voter may use symbols, marks, or words, such as “same” or “ditto,” or arrows, or quotation marks to indicate a yes or no vote, as applicable, for a subsequent ballot measure after indicating a “yes” or “no” vote for a preceding ballot measure.

(b) The following standards apply and will constitute instances where clear indications of a definite choice cannot be determined and for which the vote shall not count:

If the voter writes a candidate’s first or last name, or both, but incorrectly designates the office for which the candidate has qualified.
If the voter writes in a candidate’s name that is not on the official primary ballot of any political party.
If the voter designates a qualified candidate’s partial or full name that is the same or similar to an opposing candidate’s partial or full name in the same race without some additional mark or wording to indicate clearly that the voter has made a definite choice. (Such additional marks or wording may consist of a candidate’s nickname, first name and first initial, middle name(s) and middle initial(s), other commonly known name or names, generational suffix, or professional title such as doctor, professor, counselor or judge).
If, in a primary election or special primary election, a voter writes in the name or abbreviation of a political party without associating the political party designation with the name of a qualified candidate.
In a judicial retention race, if the voter writes an entry other than one specified in subparagraph (4)(a)6., the vote shall not count as either a vote for or against retention.
For a ballot measure, if the voter writes an entry other than one specified in subparagraph (4)(a)7., the vote shall not count as either a vote for or against the ballot measure.

(c) Unless the writing of the candidate’s or political party’s name clearly indicates otherwise (e.g., the voter writes the first and last name of the candidate or the full name of the political party on the ballot), the following standards apply when the abbreviation, initials, or name of a candidate is the same as the abbreviation or name of a political party:

If the political party does not have a candidate in the applicable race, the vote shall count for the candidate.
If the political party has only one candidate in the applicable race and the candidate is a member of the political party whose abbreviation or name is the same as the candidate, the vote shall count for the candidate.
If the political party has more than one candidate on the ballot, the vote shall not count for either the candidate or the party.

(d) If the voter writes in or otherwise indicates more choices than there are positions or choices for that office, it shall be considered an overvote and none of the designations by the voter are valid for that race.

History

Rulemaking Authority 20.10(3), 97.012, 102.166(4)(b) FS. Law Implemented 101.5614(5)(b), 101.6952, 102.166(4)(c) FS. History‒New 11-28-13, Amended 8-23-15.

Fla. Admin. Code R. 1S-2.052 Delivery of Vote-by-Mail Ballot

Form DS-DE 162 (effective May 2024), entitled “Form For Personal Delivery of Vote-By-Mail Ballot” is hereby incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-16595. The form is also available by download from the Division of Elections’ webpage under the link for Forms at: https://www.dos.fl.gov/election, or by contact at (850)245-6200, or the R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.62(4) FS. Law Implemented 101.62 FS. History‒New 1-1-14, Amended 5-15-24.

Fla. Admin. Code R. 1S-2.053 Election Results, Precinct-Level Election Results, Voting History, and Reconciliation Reporting

(1) General provisions.

(a) This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission, and reporting of:

Election results;
Precinct-level election results;
Voting history; and,
Reconciliation between the elections results and voting history.

(b) The Supervisors of Elections must ensure that the files required under this rule are created or converted into the prescribed format and that the files are transmitted successfully and timely to the Division of Elections.

(2) Definitions. For purposes of this rule:

(a) “All ballots cast” means ballots cast and counted by the voting tabulation system whether at a precinct location, by vote-by-mail ballot including overseas vote-by-mail ballots, during the early voting period, or by provisional ballot.

(b) “Supervisor” refers to the county Supervisor of Elections.

(d) “Election” means primary and general elections (held in even-numbered years), presidential preference primary elections, and special primary and special elections held pursuant to Section 100.101, F.S.

(3) Election results reporting.

(a) Compilation. For each election as defined in subsection (2), the Supervisor shall use the supplemental export utility for the county’s voting system to create the summary election results in an XML format as set forth in paragraph (c). If a supplemental export utility has not been created for the voting system used by the county, then the county can use the voting system’s export function to create the summary election results.

(b) Transmission. After the polls close on the day of the election, the Supervisor on behalf of the county canvassing board shall transmit the summary election results to the Division at the times set forth in Section 102.141, F.S., by uploading the results file to the Division’s secure website.

(c) XML File specifications. The specifications for reporting election results are defined in DS-DE 137-S (eff. 11/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06152), entitled, “Florida Election Results Summary XML Schema Reference, Version 3.0-S.” The election results shall be reported in the XML format as specified in DS-DE 138-S.xsd (eff. 11/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06154).”

(4) Elections results database export file.

(a) Compilation. For each election as defined in subsection (2), the Supervisor shall use the file export function in the county’s voting system to create a file that includes the results from the database of the county’s voting system used in the election.

(b) Transmission. The Supervisor shall file with the Division a copy of the results export file for the applicable election by transmitting the file at the same time that the official results of the election are certified. The file shall be transmitted to the Division’s secure website. If the site is not available, then the file may be uploaded to the Division’s secure file transfer protocol (SFTP) or emailed to: BSVC.Reports@DOS.MyFlorida.com.

(5) Precinct-level election results reports.

(a) Compilation. For each election as defined in subsection (2):

For results unable to be transmitted in XML format, the county shall transmit the tab-delimited text file prescribed in Section 98.0981, F.S. The Division will supply the county with any additional data needed to create the file in this format; or
For results able to be transmitted in XML format, the Supervisor shall provide the precinct-level results in the prescribed format; and,
The Supervisor shall aggregate and record for each precinct the total number of ballots cast by all voters voting in the election, with subtotals for each candidate and ballot type. If a precinct has a subtotal of one to nine votes, the Supervisor shall report zero votes in all subtotals except in the “Total Votes” group for that precinct.

(b) Transmission. The Supervisor shall electronically transmit the precinct-level election results file to the Division no later than noon local time for the Supervisor’s office on the 30th day after certification of the election by the Elections Canvassing Commission. The file shall be transmitted using the Division’s secure website. If the site is not available, then the file may be uploaded to the Division’s secure file transfer protocol (SFTP) or emailed to: BSVC.Reports@DOS.MyFlorida.com.

(c) XML File specifications. The specifications for reporting election results are defined in DS-DE 137-P (eff. 11/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06153), entitled, “Florida Election Results Precinct XML Schema Reference, Version 3.0-P.” The election results shall be reported in the XML format as specified in DS-DE 138-P.xsd (eff. 11/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06155).”

(6) Voting history activity reports. The requirements for reporting under this subsection only apply in each presidential preference primary election, special election, primary election, and general election.

(a) Compilation. The Supervisor shall compile an electronic file that includes the voting history activity information set forth in Section 98.0981, F.S., for each of the individual voters who were qualified to vote and cast a ballot in the applicable election. (The file shall not include information from persons who did not have a current active or inactive voter registration identification number but may have attempted to vote.)

(b) Transmission. The Supervisor shall transmit electronically to the Division complete voting history no later than 30 days after the Elections Canvassing Commission certifies the applicable election. The files shall be transmitted to the specified voting history subdirectory under each county’s existing transfer directory using secure file transfer protocol (SFTP).

The file shall contain records for only one county for each election.
The file shall contain records for all qualified voters who, regardless of the voter’s county of residence or active or inactive registration status at the time the file is created:

a. Voted a regular ballot at a precinct location.

b. Voted at a precinct location using a provisional ballot that was subsequently counted.

c. Voted a regular ballot during the early voting period.

d. Voted during the early voting period using a provisional ballot that was subsequently counted.

e. Voted with a vote-by-mail ballot.

f. Attempted to vote by vote-by-mail ballot but the ballot was not counted.

g. Attempted to vote by provisional ballot but the ballot was not counted in that election.

Each file shall be created or converted into a tab-delimited format.
File names shall adhere to the following convention:

a. Three character county identifier followed by underscore.

b. Followed by four character file type identifier of ‘VH03’ followed by an underscore.

c. Followed by FVRS election ID followed by an underscore.

d. Followed by Date Created followed by an underscore.

e. Date format is YYYYMMDD.

f. Followed by Time Created – HHMMSS.

g. Followed by ‘.txt’.

Numeric data and date information shall be provided as specified in subparagraph 9.
Alphanumeric data shall not be enclosed in quotes.
The file shall contain a header record as the first row in the file as follows:

Table 1

Voting History Header Record Layout

Field

Position

Field

Type

Length

Required

Format

Comment

OperatorID

varchar2

May be blank

CountyID

varchar2

Source of FTP File. Valid County ID, or FVRS or HSMV

TargetedCountyID

varchar2

Intended Recipient. Valid County ID, or FVRS or HSMV

File Creation_Time Stamp

datetime

MM/DD/YYYY

HH24:MM:SS

Originating System TimeStamp

Source_Address

varchar2

FVRS County

Interface Version

varchar2

For supporting roll out of new system versions

County_Message_

Identifier

varchar2

10 character field that may be used by the county system to identify a specific FTP File.

Test_File

varchar2

Y Indicates that the FTP file is a test file and should not update primary database.

The file shall contain a footer record as the last row in the file as follows:

Table 2

Voting History Footer Record Layout

Field Position

Field

Type

Length

Required

Format

Comment

TrailerId

varchar2

“TRALR”

Fixed string

Number of

Response Rows

integer

Non zero integer

Number excludes header and trailer

MessageDigest

varchar2

128 or 160 bits

Length to be determined

End of Message

Marker

varchar2

\ETX\

The information in each record of the file shall be in the specified format for each voter who qualified to vote in the presidential preference primary, the primary election or the general election:

Table 3

Voter’s Voting History Record (VH03)

Field Name

Max

Length

Valid Codes/ Format

Description

Record Identifier

‘VH03’

FVRS Voter ID Number

Numeric

FVRS Election ID

Number

Numeric

Vote Date

MM/DD/YYYY

Date vote was cast

Vote History Code

Y = Voted at the Polls

A = Voted by Mail

E = Voted Early

B = Vote-by-Mail Ballot Not Counted

P = Provisional Ballot Not Counted

F = Provisional Ballot counted as voted at an early voting site

Z = Provisional Ballot counted as voted at the polls

Precinct

text

Congressional District

999

House District

999

Senate District

999

County Commission

District

text

School Board District

text

(d) Access. The Division shall post a public access link to the legislative report on the Division’s website that also includes the file layout and codes. Such report shall also be made available upon request.

(7) Reconciliation report.

(a) Requirement for reconciliation. The Supervisor shall reconcile the aggregate total of all ballots cast in each precinct as reported in the precinct-level election results to the aggregate number of voters with voter history for the election for each district, which for purposes of being able to properly reconcile is to be construed to mean precinct. The reconciliation shall be made on Form DS-DE 141, Reconciliation Report – Elections Results and Voter History, eff. (11/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06156).

(b) Transmission. The Supervisor shall report the results of the reconciliation to the Division contemporaneously with the transmission of the precinct-level election results by uploading the completed Form DS-DE 141 using the Division’s secure website.

(8) The forms mentioned in this rule are hereby incorporated by reference and are available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division of Elections’ website.

(9) The requirements of this rule apply to all required reports for elections held on or after July 1, 2017. If a vendor with a voting system certified and in use as of the effective date of this rule intends to submit an application for review and approval that will allow the respective vendor’s system to be used to meet the reporting requirements herein by July 1, 2017, such application must be submitted to the Division of Elections no later than October 1, 2016.

History

Rulemaking Authority 20.10(3), 97.012(1), 98.0981(5), 102.141(4) and (10) FS. Law Implemented 98.0981, 102.141 FS. History–New 7-1-17. Editorial Note: This rule originated from former 1S-2.043(5), (6) and (7), dated 10-27-10.

Fla. Admin. Code R. 1S-2.054 Poll Watcher Designation Form

(1) The Department of State, Division of Elections, is required by statute to prescribe a form for political parties, political committees, and candidates to designate poll watchers. Form DS-DE 125-Excel, entitled “Designation of Poll Watchers” (eff. 08/2016); http://www.flrules.org/Gateway/reference.asp?No=Ref-07272, and Form DS-DE 125-PDF, entitled “Designation of Poll Watchers” (eff. 08/2016); http://www.flrules.org/Gateway/reference.asp?No=Ref-07273, are hereby incorporated by reference.

(2) These forms are available by request from the Division of Elections at Room 316, R. A. Gray Building, Tallahassee, Florida 32399-0250 or by contacting the Division of Elections at (850)245-6200, by download from the Division’s website under the tab, “Forms and Publications” under “Forms” at: http://dos.myflorida.com/elections/, or by contacting any supervisor of elections’ office.

History

Rulemaking Authority 20.10, 97.012(1), 101.131(2) FS. Law Implemented 101.131, 101.111 FS. History–New 8-8-16.

Fla. Admin. Code R. 1S-2.055 Vote-by-Mail Requests

(1) Forms. The following form is hereby incorporated by reference and available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division’s webpage at: https://dos.myflorida.com/elections/forms-publications/forms/forms-incorporated-in-rule/:

(a) Form DS-DE 160 (eff. 04/24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16307), entitled “Statewide Vote-by-Mail Request Form.”

(b) Written requests must be made using Form DS-DE 160. Only Form DS-DE 160 is valid for written requests.

(2) Definitions. For purposes of section 101.62(1), F.S., the following definitions apply:

(a) “Immediate family” means a voter’s spouse, parent, child, grandparent, grandchild, or sibling, or the parent, child, grandparent, grandchild, or sibling of the voter’s spouse.

(3) Requests for Vote-by-Mail Ballots

(a) Requests must be made by the voter or, if designated by the voter, a member of the voter’s immediate family or the voter’s legal guardian, notwithstanding (4)(a), (4)(b) and (4)(c) below.

(b) Requests may be submitted in person, in writing, by telephone, or through a supervisor’s website.

(c) Requests must be accepted if the voter or the voter’s designee provides the following information pursuant to section 101.62(1)(b), F.S.:

The voter’s name.
The voter’s residential address, and mailing address where the voter would like the ballot mailed, if different than residential address.
The voter’s date of birth.
The voter’s Florida driver license number, Florida identification card number, or the last four digits of the voter’s social security number, whichever may be verified in the supervisor’s records.
The designee’s name.
The designee’s address.
The designee’s driver license number, identification card number, or the last four digits of the requester’s social security number.
The designee’s relationship to the voter.
The voter or designee’s signature, as applicable (written requests only).

(d) The voter shall receive a vote-by-mail ballot for all elections through the end of the calendar year of the next regularly scheduled general election, unless the request indicates it is being made for one or more specific elections within such period.

(4) Vote-by-Mail Requests for Voters Who Require Assistance

(a) A voter who requires assistance to request a vote-by-mail ballot because of his or her disability or inability to read or write may directly instruct a person of the voter’s choice (other than the voter’s employer or agent of that employer or officer or agent of the voter’s union) to request a vote-by-mail ballot for the voter.

(b) A supervisor of elections shall accept a request for a vote-by-mail ballot from a person (other than the voter’s employer or agent of that employer or officer or agent of the voter’s union) designated by a voter who is disabled or unable to read or write. A request may be made in person, in writing, by telephone, or through the supervisor’s website.

History

Rulemaking Authority 97.012(1)-(2), (9), 101.62(1)(a), (6), 101.662 FS. Law Implemented 97.061, 101.051(3), 101.62(1), (6), 101.662 FS. History—New 4-17-24.

Fla. Admin. Code R. 1S-2.056 Signature Matching Training and Verification

(1) Online Training Program. The Division of Elections shall offer an online signature match training program for Supervisors of Elections, county canvassing board members including alternates and substitutes, and any person whose duties require verification of signatures. Such program shall be a minimum of two hours. The program shall include modules with questions and answers. The attendee shall be issued a certificate upon completion. The link to the program is dos.fl.gov/elections/signaturetraining. Nothing herein precludes the Supervisor of Elections from requiring additional training or testing.

(a) Timing of Training. The training program cycle begins January 1 of the odd numbered year and expires at 11:59 p.m. on December 31 of each even year. Certificates expire at the conclusion of each training cycle. The signature match training program for a specific election cycle shall be completed no earlier than six months prior to the first signature match by the individual trainee. Each trainee shall take the training no later than the day before their signature match duties begin.

(b) Training Records. Each Supervisor of Elections shall retain a copy of his or her own training certificate and that of the other county canvassing board members including appointed alternates and substitutes for retention as part of the county canvassing board records for the applicable election cycle. The Supervisor of Elections shall retain the training records for staff and any person whose duties require verification of signatures. The Supervisor of Elections shall maintain a written record of when an individual completed signature match training and the date of that individual’s first signature match training duties.

(2) Automated signature verification technology. The canvassing board is the final authority on whether a voter signature matches for purposes of counting ballots. However, the Supervisor, who serves as one of the members of the canvassing board, may perform preparatory signature verification to assist the canvassing board. It is within the discretion of the Supervisor and the canvassing board to use automated signature verification technology to assist in the review process for vote-by-mail ballot certificates and provisional ballot certificates. However, the technology cannot replace the duties and responsibilities of the Supervisor or the canvassing board’s duty as the final authority as to whether a signature is verified on a ballot certificate or cure affidavit.

(3) Signature matching procedures for vote-by-mail ballots and cure affidavits.

(a) General Principles of Review. Signature comparison and verification shall be conducted in

accordance with the online training program.

(b) The canvassing board is the final authority on whether a voter signature matches for purposes of counting ballots.

provided under section 101.572(2), which allows a candidate, a political party official, or a political committee official, or an authorized designee thereof reasonable access upon request to review or inspect ballot materials before canvassing or tabulation, including voter certificates on vote-by-mail envelopes, cure affidavits, corresponding comparison signatures, duplicate ballots, and corresponding originals before the ballots envelopes are opened.

(d) Signature Review.

Signature verification must be conducted in accordance with section 101.68, Florida Statutes.
If a signature is missing from the ballot certificate, the voter shall be notified in accordance with section 101.68 regarding the right to cure.
If the signatures do not appear to match, the voter shall be notified of the right to cure pursuant to Sections 101.048 or 101.68, as may be applicable.

(e) If a protest under section 101.68(2)(c)(4.) or 101.6104 is made to the signature on the voter’s certificate or cure affidavit, the legality of the signature must be reviewed by the canvassing board.

(4) Other Statutorily Required Signature Matching. All other types of required signature matching, including those required under 99.095, 99.097, 100.361, 100.371(11)(a), 103.021, 105.035, and 101.62(3)(d)4, shall be conducted by at least one trained Supervisor of Elections staff member. Unless a statute creates a procedure, the Supervisor of Elections may produce an internal procedure for verifying signatures in these circumstances.

History

Rulemaking Authority 20.10(3), 97.012(17) FS. Law Implemented 97.012(1), 97.012(17), 99.095, 99.097, 100.361, 100.371(11)(a), 101.048, 101.572, 101.6103, 101.62(3)(d)4, 101.68, 103.021, 105.035, FS. History–New 5-29-24.

Fla. Admin. Code R. 1S-2.003 Clarifying Form of Write-in Slot and Write-in Candidates on Ballots

History

Rulemaking Authority 101.5608(4) FS. Law Implemented 101.5608(4) FS. History-New 12-17-71, Repromulgated 1-1-75, Formerly 1C-7.03, Amended 7-7-86, Formerly 1C-7.003, Repealed 5-26-02.

Chapter 1S-5 CERTIFICATION OF ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEMS

Fla. Admin. Code R. 1S-5.001 Voting System Equipment Regulations

The Department of State, Division of Elections, is required to establish minimum standards for certification and provisional approval of hardware and software for electronic and electromechanical voting systems. The Division shall establish minimum levels of voting systems capability and certify voting system equipment in accordance with the requirements contained in Florida Voting Systems Standards, Form DS DE-101, eff. 1/12/05, which is hereby incorporated by reference and available from the Division upon request. The publication contains the minimum standards, procedures for testing to determine if those standards have been met, and procedures for certifying and provisionally certifying compliance with the minimum standards. Where initiated by a county Supervisor of Elections or the Department of State, modifications to previously certified systems which are designed to remedy system anomalies, which do not introduce new functions and do not introduce additional hardware components into the system configuration, may be certified under the Florida Voting Systems Standards, Form DS-DE-101, eff. 1/12/05.

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.56062, 101.5607, 102.141, 102.166 FS. History–New 3-28-90, Amended 7-28-98, 6-13-02, 1-12-05.

Fla. Admin. Code R. 1S-5.002 Definitions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 11-21-95.

Fla. Admin. Code R. 1S-5.003 Applicability

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.004 General Functional Requirements

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.005 Punchcard and Marksense (P&M) System Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.006 Punchcard and Marksense Pre-Voting Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.141-101.161, 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.007 Punchcard and Marksense Voting Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.008 Punchcard and Marksense Post-Voting Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.009 Direct Recording Equipment (DRE) System Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.010 DRE Pre-Voting Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.141-101.161, 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.011 DRE Voting Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.012 DRE Post-Voting Functions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.013 Security

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.014 Accuracy

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.015 Data Integrity

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.016 Performance Characteristics

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.141(6), 101.151(8), 101.24, 101.27(6), 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.017 Design, Construction, and Maintenance Characteristics

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.018 Environmental Conditions

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.019 Workmanship

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.020 Interchangeability

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.021 Safety and Human Engineering

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.022 Qualification Tests and Measurement Procedures

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.023 Hardware Qualification Tests

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.024 Software Qualification Tests

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.025 System-level Tests

History

Rulemaking Authority 101.015, 101.294 FS. Law Implemented 101.5605, 101.5606, 101.5607, 101.5609 FS. History–New 3-28-90, Repealed 7-28-98.

Fla. Admin. Code R. 1S-5.026 Post-Election Certification Voting System Audit

(1) Procedures.

(a) This rule provides the procedures for a county canvassing board or the local board responsible for certifying the election to conduct either a manual audit or an automated independent audit of a voting system after certification of an election including a municipal election. The purpose of the audit is to ensure that the voting system deployed in the election tabulated all votes properly. An audit is not required in any election in which only paper ballots are used and are not tabulated by a voting system or in which a manual recount is conducted.

(b) Form DS-DE 410 (effective 06/22), entitled “Procedures Manual for Post-Election Certification Voting System Audit” is hereby incorporated by reference and available at the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-14412. The form is also available by download from the Division of Elections’ rules webpage at: http://dos.myflorida.com/elections/, by requesting a copy by phone (850)245-6200 or by mail from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

Form DS-DE 105 B, entitled “Manual Audit Team Worksheet for Marksense Ballots” (eff. 01/2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-03893.
Form DS-DE 106, entitled “Precinct Summary for Manual Audit” (eff. 01/2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-03894.
Form DS-DE 106A, entitled “Discrepancy Report for Automated Independent Audit” (eff. 01/2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-03895.
Form DS-DE 107 entitled “Voting System Post-Election Audit Report” (eff. 01/2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-03896.

Copies of the forms may be obtained from the Division of Elections website at: https://dos.myflorida.com/elections or by contacting the Division of Elections, at (850)245-6200, located at Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

(2) Requirements for Approval and Use of an Automated Independent Audit System.

This subsection provides the requirements for testing, approval, and use of an automated independent audit system.

(a) Any person desiring to have an automated independent audit system approved for use in Florida shall submit a letter to the Bureau of Voting Systems Certification, Division of Elections, Department of State, requesting approval and providing the automated independent audit system’s technical data package.

(b) The automated independent audit system must satisfy the following criteria prior to approval:

Be completely independent of any voting system certified in the State of Florida. The automated independent audit system must not contain any proprietary election-related hardware or software in common with a voting system certified for use in the State of Florida. Any commercially available software or hardware shared between the two systems must not be modified. However, information used to decode the ballot artwork and any barcoding schemes on ballots may be shared from the primary vote tabulation system to the automated independent audit system. For purposes of comparison, standardized results files may be brought into the automated independent audit system.
Be fast enough to produce final, public audit results no later than 11:59 p.m. (local time where the audit occurs) on the 7th day following certification of the election by the county canvassing board or the local board responsible for certifying the election.
Be capable of demonstrating the ballots of record have been accurately adjudicated by the audit system.
For all elections, be capable of operating without outside manufacturer or vendor support to use the system. However, if desired, a county may decide to use the audit system’s manufacturer or vendor support.
Be capable of automatically comparing the audit results to the certified results by precinct and ballot type. If the certified results are not available by precinct and ballot type the automated independent audit system must be able to automatically compare the audit results to the certified results at the lowest level of detail reported.
If the independent audit system captures and retains paper ballot images, then the front and back of a single card must be viewable together either as a single file or multiple associated files.
Automated independent audit systems submitted for approval must be capable of automatically examining marked ballots to determine a valid vote, no vote, and marginal mark.
Be capable of identifying the physical storage location of each specific ballot based on the designated paper ballot image if digital images are used.
Reflect that the audit results will be the same using all specific auditing scanners approved for use with the system.

a. All examination and testing of the automated independent audit system shall occur at the Bureau of Voting Systems Certification in Tallahassee, Florida, unless the Department of State approves the examination and testing to occur at the vendor’s desired location. The vendor shall reimburse the Department of State an amount equal to the actual costs incurred by the department in its testing and examination of the automated independent audit system. Reimbursable actual costs of testing include reasonable travel costs such as lodging, car rental, parking, gas, airfare, travel-related fees and meals, not to exceed the per diem rate established per Section 112.061(6), F.S.

b.(I) Notice of approval or non-approval will be provided within 45 days after all examination and testing of the automated independent audit system is completed.

(II) After approval of an automated independent audit system, any changes to the approved system must be submitted to the Bureau of Voting Systems Certification for approval. The new system or new version of an existing system may not be used in Florida until approval is granted.

History

Rulemaking Authority 20.10(3), 97.012(1), 101.591(2), 101.5911 FS. Law Implemented 101.591 FS. History–New 11-16-08, Amended 3-20-14, 6-27-22.

Chapter 1S-6 INDEXING, MANAGEMENT, AND AVAILABILITY OF FINAL ORDERS

Fla. Admin. Code R. 1S-6.001 General Information

History

Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(2) FS. History–New 1-1-92, Amended 3-25-97, Transferred to 1B-32.001.

Fla. Admin. Code R. 1S-6.002 Minimum Indexing Requirements

History

Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(1)-(4) FS. History–New 1-1-92, Amended 3-25-97, Transferred to 1B-32.002.

Chapter 1S-9 ELECTIONS EMERGENCY CONTINGENCY PLAN

Fla. Admin. Code R. 1S-9.001 Purpose

History

Rulemaking Authority 101.733(3) FS. Law Implemented 101.733(3) FS. History–New 3-13-94, Repealed 9-14-17.

Fla. Admin. Code R. 1S-9.002 Goals and Policies

This chapter sets forth the goals and policies of the Elections Emergency Contingency Plan which gives specific direction to state and local election officials when an election has been suspended or delayed. The Plan provides procedures for state and local election officials to follow when an election has been suspended or delayed. The procedures provided for notice of the suspension or delay to the proper authorities, the electorate, the communications’ media, poll workers, and the custodians of polling places. The Plan also provides procedures for the orderly conduct of a rescheduled election, whether municipal, county, district, or statewide in scope; and it provides a procedure for the release and certification of election returns to the Department of State for elections suspended or delayed and subsequently rescheduled. The Division of Elections of the Department is given broad authority to implement a contingency plan for the suspension or delay of an election in the event of an emergency situation and is authorized to promulgate rules to effectuate this Plan. The Plan is statewide in scope.

History

Rulemaking Authority 101.733(3) FS. Law Implemented 101.733(3) FS. History–New 3-13-94.

Fla. Admin. Code R. 1S-9.003 Definitions

(1) “County Emergency Management Agency” means the emergency management agency authorized and directed to be established and maintained by each county of the state pursuant to section 252.38(1), F.S.

(2) “Division” means the Division of Elections of the Department of State.

History

Rulemaking Authority 101.733(3) FS. Law Implemented 101.733(3) FS. History–New 3-13-94.

Fla. Admin. Code R. 1S-9.004 Suspension or Delay of Election

(1) The Secretary of State, a supervisor of elections from a county affected by the emergency circumstances, or a municipal clerk from a municipality affected by the emergency circumstances is authorized to request that the Governor suspend or delay an election.

(2) A supervisor of elections from an affected county or a municipal clerk from an affected municipality should communicate with their county emergency management agency by any means of communication available at that time, in reference to an emergency situation, to expedite a decision to request the Governor to suspend or delay an election.

(3) When a supervisor of elections from an affected county or a municipal clerk from an affected municipality requests the suspension or delay of an election, the official should notify the Governor by contacting the duty officer at the Division of Emergency Management, (850)413-9969, or by any other means of communication available at that time. The Secretary of State may also be contacted, through the Department of State, (850)245-6500, or through the Division of Elections, (850)245-6200, or by any other means of communication available at that time.

History

Rulemaking Authority 101.733(3) FS. Law Implemented 101.733(3) FS. History–New 3-13-94.

Fla. Admin. Code R. 1S-9.005 Comprehensive Emergency Suspension of Election Plan

(1) Notice of suspended or delayed election. As soon as possible after a regularly scheduled election or a special election has been suspended or delayed pursuant to section 101.733, F.S., the supervisor of elections from an affected county or the municipal clerk from an affected municipality must provide public notice of the suspended or delayed election. Such notification must be:

(a) Published through public service announcements in the print and electronic media, if available;

(b) Posted on the respective supervisor of elections and/or municipal clerk’s website (if functioning); and,

(2) Conduct of rescheduled election.

(a) As soon as possible after a suspended or delayed election has been rescheduled, the supervisor of elections from an affected county or the municipal clerk from an affected municipality holding the rescheduled election shall coordinate with the members of the governing body for the orderly conduct of such election, where applicable.

(b) If the suspended or delayed election involves a countywide, multicounty, or statewide election, each supervisor of elections from the affected area shall provide as soon thereafter as possible the following information to the Division of Elections to faciliate coordination and assistance as needed:

Contact information for Continuity of Operations Plan (COOP) using Form DS-DE 149, entitled “COOP Contact Information Form,” (Eff. 12/17) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09056) which is hereby incorporated by reference. This form is available by request from the Division at Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contacting the Division at (850)245-6200, or by download from the Division’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/.
Any changes to early voting sites, days and hours as reported pursuant to section 101.657, F.S. Any change must be made in accordance with section 101.657, F.S., unless otherwise authorized by executive order.
Any changes to the number of precincts and/or polling places pursuant to section 101.71, F.S.
Status report regarding availability, loss, and destruction of polling places and early voting sites pursuant to subsection (3), voting equipment, precinct registers, ballots and other election materials.
Availability, need and plan for securing poll workers.
Whether the county has established or will establish temporary vote-by-mail sites pursuant to subsection (5), and if so, how many.
A copy of the designation of the Supervisor of Elections’ Office Emergency Interim Successors designated pursuant to section 22.06, F.S.

(3) Polling places and early voting services. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:

(a) Identify the number of previously established polling places and early voting sites that:

Are functional;
Can be repaired or restored to functionality, safety, and accessibility pursuant to section 101.715, F.S.; and,
Have been destroyed or cannot otherwise be repaired or restored to functionality, safety, or accessibility.

(b) Determine the safety and ability to use existing polling places and early voting sites and the need and availability of alternate polling places and early voting sites.

Such determination and efforts to establish new temporary polling places and early voting sites shall be made in coordination with federal, state, and local emergency management agencies as needed.
Only the Supervisor of elections is authorized to establish new temporary polling places or early voting sites.
Tents or other temporary structures may be utilized as new temporary polling places.
Sufficient lighting must exist along the accessible path of travel to and from, and within the polling place and early voting area.

(c) Coordinate with federal, state, and local emergency management agencies as needed, to include the county and city law enforcement and the National Guard in an effort to:

Provide security for polling places and early voting sites, voting equipment, precinct registers and election materials at existing, destroyed, and newly established temporary polling places;
Secure salvageable voting equipment, precint registers (electronic or paper) and other election materials from destroyed or damaged polling places; and,
Mitigate loss or damage of polling places and early voting sites, voting equipment, electronic media, and election materials.

(d) Supervisors of elections and municipal clerks shall adhere to their established security procedures to the extent practicable given the emergency circumstances.

(4) Poll workers. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:

(a) Appoint poll workers as needed.

(b) Provide the appropriate credentials that will clearly identify poll workers who will assist in the rescheduled election process.

(c) May recruit and train qualified registered electors in the State of Florida to serve as poll workers if shortages exist within the respective jurisdiction.

(5) Vote-by-mail ballots. The supervisor of elections from an affected county or the municipal clerk from an affected municipality:

(a) May establish temporary vote-by-mail ballot sites in the affected areas or at any place in the county or city, and, if established, must publicize those sites through public service announcements in the manner specified in subsection (1).

Such sites must be secure, supervised and under the direct control of the supervisor of elections or the municipal clerk.
All vote-by-mail ballots shall be distributed at and collected from such sites at least daily under the supervision and direct control of the supervisor of elections or the municipal clerk. On election day, the returned ballots shall be collected from the sites sufficiently in advance to be received by 7:00 p.m. by such supervisor of elections or municipal clerk.

(b) Any registered voter who is a resident of the affected area, or any elector of the state who is in the affected area providing emergency assistance including emergency responders, may request and obtain a vote-by-mail ballot on election day without having to execute an Election Day Vote-by-Mail Ballot Delivery Affidavit. If an elector from outside the county jurisdiction is providing emergency assistance on election day, the elector’s supervisor of elections may fax or email a vote-by-mail ballot to the elector, but the elector may only return the voted ballot by fax. The supervisor of elections or the municipal clerk in the county where the voter is registered must still receive the ballot by 7:00 p.m. on the regularly scheduled or delayed election day, whichever is applicable.

(6) Voting and tabulation equipment. Supervisors of elections from affected counties or municipal clerks from affected municipalities:

(a) Shall follow established procedures for securing voting equipment, ancillary equipment and election materials where power outages and evacuations exist and ensure back-up power.

(b) May borrow or lease certified voting and tabulation equipment or voting systems which have been certified pursuant to section 101.015(1), F.S., and rule chapter 1S-5, F.A.C., for use in the rescheduled election. Where a central or regional counting center cannot be established within the area affected by the emergency, ballots may be tabulated in other counties.

On any certified tabulation equipment that will be used in the rescheduled election if said equipment was not tested during the logic and accuracy test conducted for the originally-scheduled election.
On all certified tabulation equipment to be used in the rescheduled election, if parameters used within the voting system to define the tabulation and reporting instructions are changed in any way, notwithstanding that the equipment was tested during the logic and accuracy test conducted for the originally-scheduled election.

(d) Shall comply with the requirements of section 101.5607(1)(b), F.S., which are otherwise applicable to elections conducted utilizing the voting systems being used.

(e) Shall coordinate with election equipment vendors as needed to ensure properly functioning and sufficient voting and tabulation equipment and support are available for the rescheduled election.

(7) Other public notices for the delayed or suspended election.

(a) Any notices of election relating to offices or issues which will appear on the ballot that have been published prior to the suspension or delay of an election need not be republished, even if those notices are date specific,

(b) Canvassing board meetings; logic and accuracy tests conducted pursuant to section 101.5612(1), F.S., which have been previously noticed but are affected by the suspension or delay of an election must be renoticed through public service announcements in the manner specified in subsection (1).

(8) Ballots. The supervisor of elections from an affected county or the municipal clerk from an affected municipality:

(a) Must ensure the security of all ballots in accordance with established procedures for storing, transporting, tabulating, and handling ballots.

(b) May utilize law enforcement officers, the National Guard, and poll workers to transport or secure ballots.

(c) May, in coordination with law enforcement officers or the National Guard, deliver ballots to other counties for tabulation when a central or regional counting center cannot be established within the area affected by the emergency. However, any ballot transportation or tabulation must be done under the supervision and control of the affected supervisor of elections or municipal clerk who shall at all times have the responsibility to ensure the safety and safekeeping of the ballots and election results.

(9) Election returns.

(a) Where a multicounty or statewide election is suspended or delayed pursuant to section 101.733, F.S., all supervisors of elections must withhold returns for affected races until the supervisors of elections in those counties where an election has been suspended or delayed have conducted rescheduled elections and are able to certify returns to the Division. The Division will notify the supervisors of elections when returns are to be delayed and when returns shall be certified to the Division.

(b) Where a county or municipal election, or any part of a county or municipal election, is suspended, no results from an affected race may be released by the supervisor of elections or municipal clerk until after the polls have closed in those jurisdictions with delayed elections.

History

Rulemaking Authority 101.733(3) FS. Law Implemented 101.733(3) FS. History–New 3-13-94, Amended 2-21-18.

Division 1A Division of Historical Resources

Chapter 1A-1 HISTORIC PRESERVATION BOARDS OF TRUSTEES - ORGANIZATION AND GENERAL INFORMATION

Fla. Admin. Code R. 1A-1.001 Purpose

History

Rulemaking Authority 120.53, 266.000001 FS. Law Implemented 266.00001 FS. History–New 1-18-93, Repealed 12-18-95.

Fla. Admin. Code R. 1A-1.002 Definitions

History

Rulemaking Authority 120.53, 266.000001 FS. Law Implemented 266.00001 FS. History–New 1-18-93, Repealed 12-18-95.

Fla. Admin. Code R. 1A-1.003 The Administrative Manager

History

Rulemaking Authority 120.53, 266.000001 FS. Law Implemented 266.00001 FS. History–New 1-18-93, Repealed 2-27-97.

Fla. Admin. Code R. 1A-1.004 Establishment of Historical Preservation Boards

History

Rulemaking Authority 120.53, 266.000001 FS. Law Implemented 266.00001 FS. History–New 1-18-93, Repealed 12-18-95.

Fla. Admin. Code R. 1A-1.005 Powers of the Historic Preservation Boards

History

Rulemaking Authority 120.53, 266.000001 FS. Law Implemented 266.00001, 286.011 FS. History–New 1-18-93, Repealed 2-27-97.

Fla. Admin. Code R. 1A-1.006 Acquisition and Sale of Property

History

Rulemaking Authority 120.53, 266.000001 FS. Law Implemented 266.00001, 266.00006, 266.0016, 266.0026, 266.0036, 266.0046, 266.0056, 266.0066 FS. History–New 1-18-93, Repealed 12-18-95.

Fla. Admin. Code R. 1A-1.007 Acquisition and Sale of Property

History

Rulemaking Authority 266.00001(5) FS. Law Implemented 266.00001 FS. History–New 1-18-93, Amended 2-3-98, Repealed 11-5-13.

Chapter 1A-31 PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES

Fla. Admin. Code R. 1A-31.001 Definition

History

Rulemaking Authority 267.031(5) FS. Law Implemented 267.061 FS. History‒New 5-7-68, Formerly 1A-31.01, Repealed 1-1-75.

Fla. Admin. Code R. 1A-31.0012 Purpose

It is the public policy of the state to preserve and protect archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation, and collection of such materials to qualified persons, businesses, and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology, and anthropology. The purpose of this rule is to provide guidance and information to the public regarding issuance of permits by the division for exploration and recovery of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands and for transferring objects recovered by commercial salvors under permit in exchange for recovery services provided to the state.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1), 267.115, 267.14 FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.0015 Definitions

(1) “Applicant” means any corporation, individual, partnership or other legal entity making application to the division for an Exploration Permit or a Recovery Permit.

(2) “Application” means a formal written request on the Application for Exploration Permit or the Application for Recovery Permit and all other documentation required by this chapter to be submitted as part of such application.

(3) “Archaeological materials” means artifacts and remains of historic shipwreck sites including but not limited to ships’ structure and rigging, hardware, tools, utensils, cargo, and personal items of crew and passengers.

(4) “Permittee” means an applicant that has been issued an Exploration Permit or a Recovery Permit in accordance with this chapter.

(5) “Division” means the Division of Historical Resources of the Department of State.

(6) “Historic Shipwreck Site” means the remains of a sunken or abandoned ship or other watercraft on or below the seabed including but not limited to ships’ structure and rigging, hardware, tools, utensils, cargo, personal items of crew and passengers, and treasure trove, which is at least fifty years old.

(7) “Historical resource” means a building, structure, site, object or collection thereof (a prehistoric or historic district) which is at least fifty years old and of historical, architectural, or archaeological value.

(8) “Exploration Permit” means the form of permission issued in accordance with this chapter to search for historic shipwreck sites on state-owned sovereignty submerged lands.

(9) “Recovery Permit” means the form of permission issued in accordance with this chapter to recover archaeological materials from a historic shipwreck site on state-owned sovereignty submerged lands.

(10) “Project Archaeologist” means the professional underwater archaeologist who meets both the Secretary of Interior’s minimum Standards for Professional Qualifications of January 1, 2009, found in 36 C.F.R. Part 61, which are incorporated herein by reference, and the specific standards set forth in Rule 1A-31.030, F.A.C.

(11) “Sovereignty submerged lands” means those lands including but not limited to tidal flats, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, under navigable fresh and salt waters to which the State of Florida acquired title on March 3, 1845 by virtue of statehood, and which have not been heretofore conveyed or alienated.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 4-13-87, Amended 7-20-09.

Fla. Admin. Code R. 1A-31.002 Scope of Law

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.061 FS. History‒New 5-7-68, Repromulgated 1-1-75, Formerly 1A-31.02, Repealed 4-13-87.

Fla. Admin. Code R. 1A-31.0022 Prior Agreements

Any existing agreements or contracts concerning shipwreck exploration or salvage in effect as of the date of enactment of this rule are unaffected by this rule for their stated term and for as long as they shall be renewed by the division. Once such existing agreements or contracts expire, are not renewed or are terminated, this rule shall apply for any future permits.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.0025 Scope

History

Rulemaking Authority 267.031(3) FS. Law Implemented 267.031(4), 267.061(3), 267.13 FS. History‒New 4-13-87, Repealed 12-18-95.

Fla. Admin. Code R. 1A-31.003 Division Authorized to Enter into Contracts

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.031(5) FS. History‒New 5-7-68, Amended 1-1-75, Formerly 1A-31.03, Repealed 4-13-87.

Fla. Admin. Code R. 1A-31.0032 Notice Address and Form of Communication

All communication to the division regarding applications, forms, information, permits and all reports required under the terms of a permit shall be submitted in written form to the division at:

Florida Division of Historical Resources

Bureau of Archaeological Research

1001 de Soto Park Drive

Tallahassee, FL 32301

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.0035 Form of Consent, Other Laws

Within 30 days of the receipt of an application, the division shall, in writing, notify the Department of Environmental Protection and the applicant that a form of consent may be required from the Board of Trustees of the Internal Improvement Trust Fund to conduct the exploration or recovery activities. No exploration or recovery activities for archaeological materials may commence until the applicant has received necessary consent from the Board of Trustees of the Internal Improvement Trust Fund and any other permits that may be required by local, state or federal laws.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 253.77, 267.031(2), (5)(i), 267.061(1) FS. History–New 4-13-87, Amended 7-20-09.

Fla. Admin. Code R. 1A-31.004 Declaration of Ownership by State

History

Rulemaking Authority 267.031(5) FS. Law Implemented 267.061 FS. History‒New 5-7-68, Formerly 1A-31.04, Repealed 1-1-75.

Fla. Admin. Code R. 1A-31.0042 Diving on Historic Shipwreck Sites

Diving on historic shipwreck sites in Florida waters does not require a permit.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.0045 Non-permittable Areas and Sites

The division will not issue permits for the following areas and sites:

(1) Any abandoned shipwreck in or on the public lands of the United States or in or on Indian lands as set forth in the Abandoned Shipwreck Act of 1987, 43 U.S.C. sec. 2105(d), herein incorporated by reference;

(2) Any vessel for which a federal admiralty court has awarded title as against the State of Florida prior to April 28, 1988, the effective date of the Abandoned Shipwreck Act of 1987 (herein incorporated by reference), while such title remains valid;

(3) Vessels owned or operated by a government on military non-commercial service when they sank, which are entitled to sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or foreign military vessels, and as defined in the Sunken Military Craft Act (Public Law Number 108-375, Div. A, Title XIV, Sections 1401-1408, Oct. 28, 2004, 118 Stat. 2094);

(4) Areas of federal jurisdiction including but not limited to areas of the National Park System, National Marine Sanctuaries, National Wildlife Refuges, National Estuarine Research Reserves and US Military Reservations;

(5) Areas of the Florida Keys National Marine Sanctuary;

(6) Areas of state jurisdiction such as State Parks, State Aquatic Preserves, Coastal and Aquatic Managed Areas, State Archaeological Landmarks, State Archaeological Landmark Zones, Underwater Archaeological Preserves, Underwater Archaeological Research Reserves;

(7) Areas of submerged lands conveyed to public or private entities;

(8) Vessels that are or have been under the jurisdiction of a federal admiralty court, when such jurisdiction was established prior to April 28, 1988, the effective date of the Abandoned Shipwreck Act of 1987, except where the applicant provides proof that the federal court’s jurisdiction and any rights it may have awarded are permanently terminated; and

(9) Historic shipwreck sites that are of such singular historical or archaeological significance that permitted activities would be incompatible with the division’s responsibility to administer state-owned and state-controlled historic resources in a spirit of stewardship and trusteeship and to preserve archaeological sites and objects of antiquity for the public benefit. Significance shall be measured against the criteria established for National Historic Landmark designation, per 36 C.F.R. sec. 65.4 “National Historic Landmark criteria,” effective as of February 2, 1983, which is herein incorporated by reference.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.005 Contracts for Exploration

History

Rulemaking Authority 267.031(5) FS. Law Implemented 267.061 FS. History‒New 5-7-68, Formerly 1A-31.05, Repealed 1-1-75.

Fla. Admin. Code R. 1A-31.0052 Security

(1) The division and the permittee will cooperate to protect the permit area if state-owned historic resources are at risk.

(2) The permittee is responsible for protecting all archaeological materials they have recovered from the permit area.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1)(b), 267.14 FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.0055 Exploration Agreements

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.13 FS. History–New 4-13-87, Repealed 7-20-09.

Fla. Admin. Code R. 1A-31.006 Contract for Salvage

History

Rulemaking Authority 267.031(5) FS. Law Implemented 267.061 FS. History‒New 5-7-68, Formerly 1A-31.06, Repealed 1-1-75.

Fla. Admin. Code R. 1A-31.0062 Types of Permit

(1) The division may issue two types of permits:

(a) An exploration permit allows the permittee to collect remote sensing and visual information on potential historic shipwreck sites without excavation or bottom disturbance. The exploration permit may be modified in writing at a later stage to allow such disturbance and excavation for purposes of attempting to determine the presence or absence and the nature of potential historic shipwreck sites. The number, location, extent and type of such test excavations shall be specified in the permit modification.

(b) A recovery permit may be issued only after the existence and nature of a historic shipwreck site has been documented by exploration permit activities and mutually agreed upon by the division and the permittee. A recovery permit allows the permittee to conduct more extensive excavations and recover archaeological materials, and allows for the transfer of title to the permittee of objects recovered, per Rule 1A-31.090, F.A.C. The number, location, extent and type of such excavation and recovery operations shall be specified in the permit.

(2) The division shall not issue multiple permits for any active permit area or historic shipwreck site that is within an active permit area.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.0065 Salvage Agreements

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.13 FS. History–New 4-13-87, Repealed 7-20-09.

Fla. Admin. Code R. 1A-31.007 Scope

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.061 FS. History‒New 5-7-68, Repromulgated 1-1-75, Formerly 1A-31.07, Repealed 4-13-87.

Fla. Admin. Code R. 1A-31.0072 Number of Permits Limited to Agency Ability

The division shall not issue more permits than it can properly supervise, monitor and administer. The maximum allowable number of concurrent permits shall be determined by the division based on:

(1) Number and types of permits already in effect;

(2) The anticipated termination date of permits already in effect;

(3) The number of applications under review or anticipated to result in permits;

(4) The number of staff assigned to supervise, monitor and administer permits; and

(5) The availability of funds necessary for the division to conduct all office and field activities under this chapter.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.008 Employment Contracts

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.031(5), 267.013 FS. History‒New 5-7-68, Amended 1-1-75, Formerly 1A-31.08, Repealed 4-13-87.

Fla. Admin. Code R. 1A-31.0082 Duration of Permit

A permit shall have a term of three years.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.0085 Subcontracts

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.013 FS. History‒New 4-13-87, Repealed 2-27-97.

Fla. Admin. Code R. 1A-31.009 Ownership and Payment for Recovery

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061 FS. History‒New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.09, Amended 4-13-87, Repealed 2-27-97.

Fla. Admin. Code R. 1A-31.0092 Permit Area

(1) The maximum size of an exploration permit area is three square statute miles.

(2) The size of a recovery permit area is limited to the size required to encompass the archaeological remains from which recovery is permitted.

(3) Permit areas shall be separated by a buffer zone of 100 yards width from recognized admiralty arrest areas.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.010 Supervision

History

Rulemaking Authority 267.031(1), (2) FS. Law Implemented 263.061(3)(i), (k), 267.031 FS. History–New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.10, Amended 4-13-87, Repealed 7-20-09.

Fla. Admin. Code R. 1A-31.011 Boats to Carry Identification

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061(3)(i), (k) FS. History–New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.11, Amended 4-13-87, Repealed 7-20-09.

Fla. Admin. Code R. 1A-31.012 Penalty; Unauthorized Exploration and Salvage

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.031(4), 267.061 FS. History‒New 12-19-70, Amended 9-6-78, Formerly 1A-31.12, Repealed 4-13-87.

Fla. Admin. Code R. 1A-31.0125 Violations

History

Rulemaking Authority 267.031(3) FS. Law Implemented 267.13 FS. History‒New 4-13-87, Repealed 12-18-95.

Fla. Admin. Code R. 1A-31.013 Prohibited Practices; Penalties

(1) When the division determines that a person or business organization is violating, or has violated, one or more of the provisions of Sections 267.13(2)(a) and (d), F.S., the division will contact the alleged violator and direct that the offending activity cease immediately and/or direct that the property of the State be returned to the division. If the violation does not cease or is not cured within the time specified by the division, the division will send the alleged violator notice of an administrative proceeding provided in Section 267.13(2)(b), F.S., and/or the division will apply to a court of competent jurisdiction for injunctive relief as specified in Section 267.13(2)(d), F.S.

(2) The division will commence an administrative proceeding if it is determined that the alleged violation resulted in permanent damage to historic property of the State.

(3) The division will apply to a court of competent jurisdiction for injunctive relief if the alleged violation is ongoing and the division determines that continued activity poses a threat to the historic preservation goals of the State.

(4) The division will commence an administrative proceeding and apply to a court of competent jurisdiction for injunctive relief when the division determines that the alleged violation has caused permanent damage to the historic property of the State and that continued activity poses a threat to the historic preservation goals of the State.

(5) If the alleged violator timely requests a hearing, the administrative proceeding may be an informal or formal hearing as the facts and law dictate. The requested administrative proceeding shall not be mediation.

History

Rulemaking Authority 20.10(3), 267.13 FS. Law Implemented 267.13(2)(a)-(d) FS. History–New 5-15-06.

Fla. Admin. Code R. 1A-31.020 Inspection by Permitting Agency

Prior to or after issuance of any permit, the division may, without notice, inspect the permit area to perform any or all of the following:

(1) Evaluate statements made in the application;

(2) Determine the nature of any historical resources present;

(3) Determine whether any areas or sites within the proposed permit area are exempted from permitting;

(4) Examine all work already done or being done under the terms of the permit;

(5) Make a determination of compliance with Chapter 267, F.S., the terms of the permit, and the conditions specified in this rule.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.025 Assignment and Subcontracting

No permit may be assigned or transferred. Subcontract agreements are allowed and require the prior written approval of the division. Compliance with all terms and conditions of the permit is the sole responsibility of the permittee whether or not permitted activities are subcontracted.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.030 Project Archaeologist Qualifications

Any permit issued under this rule shall require the participation of a professional underwater archaeologist who shall serve as the project archaeologist. The project archaeologist must meet, at a minimum, the Secretary of Interior’s Standards for Professional Qualifications, as set forth in Federal Register Vol. 48, No. 190, p. 44739, and the following minimum qualifications of training, knowledge, experience and skills with an emphasis on underwater sites, water-saturated archaeological materials, and preservation methods, as evidenced by the project archaeologist’s resume submitted with the permit application:

(1) At least 12 weeks of supervised underwater archaeological fieldwork and 10 weeks of supervisory underwater archaeological fieldwork;

(2) At least two weeks field experience and training in underwater survey technique and familiarity with the general theory and application of varied remote sensing technology;

(3) Experience or training in the recovery and interpretation of both archaeological and archival data and familiarity with the history and technology of navigation and ship building;

(4) Design and execution of an underwater archaeological study as evidenced by an M.A. thesis or a published report of equivalent scope and quality;

(5) For exploration permits, at least one month of experience in the operation of remote sensing devices in a marine environment for the purpose of discovery and evaluation of archaeological resources supervised by a specialist in the use of such devices;

(6) For exploration permits, at least three months of experience in a supervisory or independent role; and,

(7) For recovery permits and exploration permits involving recovery of archaeological materials, at least eight weeks of supervised training in the general theory and application of stabilization and conservation methods as they pertain to waterlogged materials.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.036 Project Archaeologist Responsibilities

The project archaeologist shall:

(1) Ensure that professional archaeological standards, consistent with the standards and guidelines for archaeological reports in Rule 1A-46.001, F.A.C., are maintained throughout the course of the project;

(2) Develop a research design and appropriate procedures for its implementation;

(3) Review remote sensing data and provide a written interpretation of the results to the division;

(4) Based on their professional judgment, personally be present and visually inspect excavations when significant archaeological material clusters and/or areas of articulated ship’s structure are being excavated, at such times as may be necessary to properly interpret the historic shipwreck site, and as needed in order to prepare an interim or final report consistent with the standards and guidelines for archaeological reports in Rule 1A-46.001, F.A.C.;

(5) Ensure that adequate records are maintained during all remote sensing, testing, excavation, recovery and conservation and stabilization of recovered artifacts as needed in order to prepare an interim or final report consistent with the standards and guidelines for archaeological reports in Rule 1A-46.001, F.A.C.; and,

(6) Maintain regular contact with the division, providing electronic, facsimile or paper copy reports of all significant developments, including discoveries of historic shipwreck sites and historical resources.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.040 Application Procedures

(1) Applications for permits issued under this chapter shall be made on forms prescribed by the division. Application forms may be requested in writing at the division’s address in Rule 1A-31.0032, F.A.C. Application for Exploration Permit (Form HR6E9001-08), (4/09) is herein incorporated by reference, effective 7-20-09. Application for Recovery Permit (Form HR6E9002-08), (4/09) is herein incorporated by reference, effective 7-20-09.

(2) One copy of the completed application bearing an original signature of the applicant shall be submitted to the division at the address specified in Rule 1A-31.0032, F.A.C.

(3) The permittee may apply for a permit renewal in accordance with procedures in this rule. The application form shall specifically explain any differences from the previous application. Any sections that are unchanged may be answered “No Change.”

(4) The division may request additional information or clarification on any application that is submitted. Such request shall be made to the applicant in writing and shall indicate the date by which the information or clarification is needed.

(5) Requests for renewal must be received prior to the termination date of the permit. Requests for renewal will be considered sufficient when all requirements of the permit have been satisfied, any errors or omissions have been corrected, and any additional information requested by the division has been received.

(6) Renewals shall have a term of three years.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.046 Application Review

The division shall consider the following criteria in its decision to approve or deny a permit application, and may consider other relevant information:

(1) The public policy of the state to preserve and protect archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation, and collection of such matters to qualified persons and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology, and anthropology;

(2) Conflicts with other permit areas and non-permittable areas and sites, per Rule 1A-31.0045, F.A.C.

(3) Date of receiving the application in relation to other applications for the same location. A duplicate application for the same area shall not be entertained until the initial application for that area has been fully processed and made subject to a final order by the division;

(4) Experience, ability and plans to comply with safety and security requirements as demonstrated in the application;

(5) Experience, ability and plans to collect and supply data and records as demonstrated in the application;

(6) Ability of the division to supervise and administer the permit in addition to permits already issued;

(7) Results of the inspection of the requested permit area, if any;

(8) Financial ability to conduct the permitted activities as described in the application;

(9) Qualifications, experience and ability of the project archaeologist;

(10) Suitability of proposed research design and methodology;

(11) Experience, ability and plans for data collection, security, inventory, and curation of recovered archaeological materials and records as demonstrated in the application;

(12) Qualifications, experience and ability of the applicant to complete the proposed activities;

(13) Access to necessary equipment and qualified operators;

(14) Size of permit area;

(15) Compliance with requirements of any previous permits or agreements issued under Chapter 1A-31, F.A.C., from the date of its adoption.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.050 Permit Issuance

The division shall only issue a permit when:

(1) The applicant has supplied evidence of sufficient financial ability to conduct the permitted activities;

(2) The applicant has demonstrated that project participants including subcontractors possess sufficient qualifications, resources, and abilities to successfully complete the permitted activities;

(3) The applicant has supplied a letter of intent from a professional underwater archaeologist who has agreed to serve as project archaeologist;

(4) The applicant has demonstrated that proposed project activities will utilize professionally accepted techniques for exploration, identification, recovery, recording, conservation and/or stabilization, and analysis of archaeological materials recovered;

(5) The applicant has supplied an adequate plan for the conservation and/or stabilization, analysis, and curation of all archaeological materials recovered, records, and other materials resulting from the permitted activities, including facilities if appropriate; and

(6) The division has determined that activities allowed under the permit are consistent with the requirements of this rule.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.055 Notice of Approval or Denial

(1) The division shall notify the applicant of approval or intended denial of the application at the address provided in the application or as specified in any notice of change, per Rule 1A-31.080, F.A.C.,within 90 days after receipt by the division of a completed application for a permit or a permit renewal. If the application is approved, the division shall furnish a permit document for signature by the applicant certifying agreement with its terms and conditions. The applicant shall return the signed permit to the division for signature by the division’s authorized representative. The permit shall be executed by the division and returned to the permittee within 15 days of receipt. The permit is effective when it is signed by the applicant and the division.

(2) If the division intends to deny the application, the division shall list those criteria from Rule 1A-31.046, F.A.C., on which the intended denial is based and inform the applicant of the options available within the 90 days as cited above.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.060 Requirements for All Permits

Each permit must include:

(1) Name and contact information for division staff administering the permit;

(2) Name and contact information for the permittee or agent;

(3) Name and contact information for the project archaeologist;

(4) Name and contact information for key project personnel;

(5) Registration numbers of all boats participating in the permitted activities, including a notice that registration numbers may be updated by the permittee as needed;

(6) Duration of the permit;

(7) Boundaries of the area covered by the permit;

(8) Description of the scope of work to be undertaken, which may include archaeological guidelines;

(9) Minimum standards of diligence, expressed as a projected schedule of specific work activities to be initiated or conducted;

(10) Notice that the permit requires submittal of a final or interim report meeting the guidelines established in subsection 1A-46.001(3), F.A.C. National Oceanic and Atmospheric Administration 1:80,000 nautical charts should be substituted for U.S. Geological Survey (1:24,000) 7.5 minute series topographic quadrangle maps as required in subsection 1A-46.001(3), F.A.C., as appropriate;

(11) Notice that Daily Field Note and Activity Logs (Form HR6E067, Revised 06/08), herein incorporated by reference, must be completed and submitted monthly.

(12) Notice that the permittee must notify the division in writing within 72 hours of any change affecting the ability or plans to conduct the permitted activities as set forth in the application and the permit, including changes in boats and boat registration numbers used in the permitted activities;

(13) Notice that the use of clamshell dredges, cutterhead dredges, explosives and suction dredges greater than 10 inches in diameter is prohibited; and,

(14) Notice of the conditions under which the use of propwash deflectors is allowed.

(15) Notice that all vessels used in exploration or recovery activities or operations shall carry copies of the executed permit issued by the division.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.065 Additional Requirements for Exploration Permits

(1) The division will approve the excavation and recovery of those artifacts which will assist in the identification of age and type of historic shipwreck site being investigated. No excavation or displacement of archaeological materials shall be conducted unless approved in writing by the division in the form of an amendment to the Exploration Permit. No archaeological materials shall be recovered unless approved in writing by the division in the form of an amendment to the Exploration Permit. All archaeological materials recovered under an Exploration Permit shall be included in the pool of artifacts considered for transfer to the permittee if a recovery permit is issued, per Rule 1A-31.090, F.A.C.

(2) With a minimum of disturbance to the permit area the permittee shall:

(a) Conduct such remote sensing of the entire permit area as may be required to locate the specific historic shipwreck site or sites as referenced in the permittee’s exploration application and permit;

(b) Identify the source of anomalies as may be required, with an emphasis on locating the historic shipwreck site or sites as referenced in the permittee’s exploration application and permit;

(c) Delineate the extent of historic shipwreck sites, with an emphasis on locating the historic shipwreck site or sites as referenced in the permittee’s exploration application and permit; and,

(d) Evaluate the potential characteristics and significance of any historic shipwreck site in consultation with the division, with an emphasis on locating the historic shipwreck site or sites as referenced in the permittee’s exploration application and permit.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.070 Additional Requirements for Recovery Permits

A research design and description of proposed excavation activities prepared by the applicant’s project archaeologist, and approved by the division, shall be included in the recovery permit. The division shall require the permittee to secure the use of a conservation and curation facility, as well as relevant conservation expertise, to be approved by the division, if the permittee is responsible for conserving archaeological materials under the terms of the permit. The permittee is solely responsible for transporting, storing, insuring, and conserving all archaeological materials recovered under the permit and for the costs associated with these activities. The division may assist in these activities.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.075 Permit Modification

Permit modifications may be requested in writing by the permittee. Requests for permit modifications will be evaluated against the conditions of the permit, the requirements of this chapter, and the project research design developed by the project archaeologist, per subsection 1A-31.036(2), F.A.C. The division will respond in writing to requests for modification within 30 days.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.080 Permittee Required to Give Notice of Change

The permittee shall notify the division in writing, in such form and detail as required by the division, of changes or proposed changes in financial support, contact information, key personnel or equipment from that noted in the permit application.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.085 Permit Suspension and Revocation

(1) When the division has reason to believe that a permittee may have violated one or more of the criteria for suspension or revocation of a permit, the division shall contact the permittee in writing and take other appropriate actions to make a determination of facts. If the division determines a violation has occurred, the division may suspend the permit by notifying the permittee of the violation and specifying corrective actions and dates by which such actions must be completed for the permit to be reinstated. If the stated corrective actions are not completed by the specified dates, the division may revoke the permit by notifying the permittee of the intent to revoke and informing the permittee of the available options.

(2) Criteria for suspension or revocation of a permit are:

(a) Violation of Chapter 267, F.S., or this rule chapter;

(b) Violation of terms or conditions of the permit;

(d) Knowingly making false statements in an application, report or other document submitted to the division under this rule chapter;

(e) Failure to meet minimum standards of diligence as specified in the permit;

(f) Issuance based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this rule chapter; or

(g) Non-permitted activities that jeopardize archaeological materials.

(h) Changes in financial support, key personnel or equipment as reported to the division, per Rule 1A-31.080, F.A.C.

(3) Suspension or revocation of a permit does not relieve the permittee of any obligations concerning protecting archaeological materials exposed and/or recovered by the permittee or providing reports and information to the division as required by the permit.

(4) The division shall not unreasonably suspend or revoke a permit and shall take into consideration the unknown variables that are inherent in the exploration and recovery of historic shipwreck sites prior to the revocation or suspension of any permit.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Fla. Admin. Code R. 1A-31.090 Transfer of Archaeological Materials, Title to Archaeological Materials Conveyed

The division may transfer archaeological materials to which it holds title to the permittee in consideration of recovery services provided to the state under the terms of a recovery permit. Specific provisions for transfer of archaeological materials will be specified in each recovery permit.

(1) The division will ensure that materials are transferred so that the permittee receives approximately 80% of recovered archaeological materials, with the division retaining approximately 20% of recovered archaeological materials;

(2) Distribution of the recovered archaeological materials will be negotiated by the division and the permittee based on the historical value of recovered materials;

(3) Current holdings in the division collection shall be considered in the distribution of recovered archaeological materials;

(4) Artifacts recovered under an Exploration Permit for the same area or historic shipwreck site will be included in the pool of artifacts considered for transfer to the permittee, per subsection 1A-31.065(1), F.A.C.; and,

(5) Each transfer of archaeological materials will include a written statement from the division to the permittee conveying title to the transferred materials.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS. History–New 7-20-09.

Chapter 1A-32 ARCHAEOLOGICAL RESEARCH

Fla. Admin. Code R. 1A-32.001 Definitions

(1) Accredited Institutions shall mean those state institutions that:

(a) Permanently possess professional archaeological staff who meet or, in the judgment of the State Archaeologist, are capable of meeting the following Secretary of the Interior’s Professional Qualifications Standards for archaeology, which may be represented by separate individuals:

A graduate degree in archaeology, anthropology, or closely related field plus:

a. At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management;

b. At least four months supervised field and analytic experience in general North American archaeology; and,

c. Demonstrated ability to carry research to completion.

In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period; and,

(b) Subscribe to the “Principles of Archaeological Ethics” of the Society of for American Archaeology, particularly with respect to facilities and support services for the successful, professional conduct of archaeological field research. The “Principles of Archaeological Ethics,” effective 2/2014, are incorporated herein by reference and may be obtained by writing the Bureau of Archaeological Research, 1001 de Soto Park Drive, Tallahassee, Florida 32301, or by calling (850)245-6444, http://www.flrules.org/Gateway/reference.asp?No=Ref-03710.

(2) Non-Accredited Institution shall mean all other institutions as provided in Section 267.12(2), F.S.

(3) Professional archaeological expertise shall mean persons who meet, or in the judgment of the State Archaeologist are capable of meeting, the Secretary of the Interior’s Professional Qualifications Standards for archaeology.

(4) Professional quality research shall mean research conducted by persons with professional archaeological expertise and in a manner consistent with the “Principles of Archaeological Ethics” of the Society for American Archaeology.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.12(2), (3) FS. History–New 1-1-75, Amended 9-7-78, Formerly 1A-32.01, Amended 2-16-14.

Fla. Admin. Code R. 1A-32.002 Scope

History

Rulemaking Authority 267.12(1) FS. Law Implemented 267.12 FS. History‒New 1-1-75, Formerly 1A-32.02, Repealed 12-18-95.

Fla. Admin. Code R. 1A-32.003 Criteria for Evaluating Research Requests

The following criteria are established to insure that research upon archaeological sites pursuant to section 267.12, F.S., shall be conducted in a professional manner, and that the data recovered as a result thereof shall benefit the people of Florida in understanding their rich and varied heritage. All research requests shall contain the following:

(1) Only museums, universities, colleges or other historical, scientific or educational institutions or societies that subscribe to the “Principles of Archaeological Ethics” of the Society for American Archaeology will be considered as valid research applicants; and,

(2) Applicants shall possess or will secure the professional archaeological expertise necessary for the performance of professional quality archaeological field research, comprehensive analysis and interpretation in the form of publishable reports and monographs; and,

(3) Applicants shall possess or will secure sufficient artifactual conservation and storage capabilities to insure artifact preservation during the research period; and,

(4) No research request shall be considered, exclusive of reconnaissance survey requests, unless (a) a degree of endangerment to the archaeological resources is present in the proposed research area (i.e. severe erosion); (b) the proposed research area form an integral part in a well-defined research design or (c) the research is part of a planned interpretive reconstruction or restoration project; and,

(5) Adequate funding capability must be available to fully implement the proposed research plan, including field work, laboratory analysis and processing and manuscript preparation.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.12(2), (3) FS. History–New 1-1-75, Amended 9-7-78, Formerly 1A-32.03, Amended 2-16-14.

Fla. Admin. Code R. 1A-32.004 Notification Requirements for Accredited Institutions

(1) A written notification to the Division by accredited institutions requesting approval for archaeological research according to Section 267.12(2), F.S., must be submitted prior to scheduled project initiation.

The notification shall contain all of the following items:

(a) Name and address of the requesting institution;

(b) Date of notification;

(d) Aims, character, and purpose of the proposed research (include a clear and concise research design);

(e) Specific threats or endangerment of archaeological sites within the proposed project area (if applicable);

(f) Name of the individual in direct charge of the field research;

(g) Total number of project personnel;

(h) Initiation and termination dates of the research;

(i) Proposed publication source and date the completed manuscript;

(j) Total research funds to be expended on the project; and,

(k) Signature of the requesting official.

(2) The Division will respond to the requesting accredited institution within 15 days after receipt of the written notification. The Division’s response will consist of (a) approval, or (b) disapproval, or (c) a request for information clarification. In the event the Division requests clarification of one or more items in the written notification, the 15 day response obligation will take effect upon receipt of the additional information by the Division.

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.12(2) FS. History–New 1-1-75, Amended 9-7-78, Formerly 1A-32.04.

Fla. Admin. Code R. 1A-32.005 Application Requirements for Non-accredited Institutions

(1) Non-accredited institutions desiring to conduct research under Section 267.12(2), F.S., must apply to the Division for a research permit for each and every proposed project. Archaelogical Research Permit – 1A-32 Application (Form HRE4404-13), effective 2/2014, is herein incorporated by reference, effective 01/2014, http://www.flrules.org/Gateway/reference.asp?No=Ref-03343. A copy of the form may be obtained by writing the Bureau of Archeaological Research, 1001 de Soto Park Drive, Tallahassee, Florida 32301, or by calling (850)245-6444.

(2) In addition to the requirements imposed upon accredited institutions by paragraphs (a)-(k) of subsection 1A-32.004(1), F.A.C. herein, non-accredited institutions must supply the following information:

(a) Name, address and official status of person to be in general charge of project, including a resume of previous experience pertinent to archaeological research; and,

(b) Nature, status and scientific affiliations of applicant organization; and,

(c) Names and qualification of additional research participants who will exercise any supervisory authority during the proposed research project; and,

(d) Total fiscal resources available for publication requirements.

(3) Completed permit applications must be submitted to the Division prior to the project research initiation date.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.12(2) FS. History–New 1-1-75, Amended 9-7-78, Formerly 1A-32.05, Amended 2-16-14.

Fla. Admin. Code R. 1A-32.006 Prohibited Practices; Penalties

(2) The division will commence an administrative proceeding if it is determined that the alleged violation resulted in permanent damage to historic property of the State.

History

Rulemaking Authority 20.10(3), 267.13 FS. Law Implemented 267.13(2)(a)-(d) FS. History–New 5-15-06.

Chapter 1A-33 USE OF FLORIDA'S OLD CAPITOL

Fla. Admin. Code R. 1A-33.001 General

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.02, Amended 3-8-87, Repealed 2-27-97.

Fla. Admin. Code R. 1A-33.002 Compliance with Existing Rules

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.01, Amended 3-8-87, Repealed 2-27-97.

Fla. Admin. Code R. 1A-33.003 Hours of Operation

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.03, Amended 3-8-87, Repealed 2-27-97.

Fla. Admin. Code R. 1A-33.004 Authorization for Use

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.04, Amended 3-8-87, Repealed 2-27-97.

Fla. Admin. Code R. 1A-33.005 Uses Permitted and Procedures for the Use of the Old Capitol

RulemakingAuthority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History–New 6-13-83, Formerly 1A-33.05, Amended 3-8-87, 2-27-97, Repealed 8-13-07.

Fla. Admin. Code R. 1A-33.006 Utility Requirements

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.06, Repealed 3-8-87.

Fla. Admin. Code R. 1A-33.007 Damages to the Old Capitol, Interior Furnishings, Exterior and Adjacent Grounds

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.07, Repealed 2-27-97.

Fla. Admin. Code R. 1A-33.008 Responsibilities of User

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.08, Amended 3-8-87, Repealed 2-27-97.

Fla. Admin. Code R. 1A-33.009 Building Limits and Restrictions

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.09, Repealed 2-27-97.

Fla. Admin. Code R. 1A-33.010 Request Form for Use of the Old Capitol

History

Rulemaking Authority 272.135(3) FS. Law Implemented 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.10, Repealed 3-8-87.

Chapter 1A-35 HISTORIC PRESERVATION GRANTS-IN-AID

Fla. Admin. Code R. 1A-35.001 Purpose

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History-New 10-18-83, Formerly 1A-35.01, Repealed 12-18-95.

Fla. Admin. Code R. 1A-35.002 Definitions

RulemakingAuthority 267.031(1) FS. Law Implemented 267.0617(2) FS. History–New 10-18-83, Formerly 1A-35.02, Amended 11-24-87, 9-4-96, 6-14-05, Repealed 4-14-15.

Fla. Admin. Code R. 1A-35.003 Responsibility for Historic Preservation Grants Program

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.03, Repealed 12-18-95.

Fla. Admin. Code R. 1A-35.004 Program Information

History

Rulemaking Authority 267.031(2) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.04, Amended 11-24-87, Repealed 12-18-95.

Fla. Admin. Code R. 1A-35.005 Grant Funding

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2) FS. History–New 10-18-83, Formerly 1A-35.05, Amended 9-4-96, 6-14-05, Repealed 4-14-15.

Fla. Admin. Code R. 1A-35.006 Funding Categories

History

Rulemaking Authority 267.031(3) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Amended 9-30-84, Formerly 1A-35.06, Repealed 9-4-96.

Fla. Admin. Code R. 1A-35.007 Application Requirements

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2) FS. History–New 10-18-83, Amended 10-3-84, Formerly 1A-35.07, Amended 7-21-86, 11-24-87, 12-26-91, 8-11-93, 9-4-96, 6-14-05, Repealed 4-14-15.

Fla. Admin. Code R. 1A-35.008 Application Review

History

Rulemaking Authority 267.031(3) FS. Law Implemented 267.0612(4), 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.04, Amended 10-24-84, Formerly 1A-35.08, Repealed 9-4-96.

Fla. Admin. Code R. 1A-35.009 Grant Award Contract

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.10, Repealed 9-4-96.

Fla. Admin. Code R. 1A-35.010 Accounting Requirements

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.10, Repealed 9-4-96.

Fla. Admin. Code R. 1A-35.011 Retention of Accounting Records

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.11, Repealed 9-4-96.

Fla. Admin. Code R. 1A-35.012 General Audit Procedures

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.12, Amended 11-24-87, Repealed 9-4-96.

Fla. Admin. Code R. 1A-35.013 Revisions to Grant Assisted Projects

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.13, Repealed 9-4-96.

Fla. Admin. Code R. 1A-35.014 Termination

History

Rulemaking Authority 267.031(4) FS. Law Implemented 267.0617(2) FS. History‒New 10-18-83, Formerly 1A-35.14, Repealed 9-4-96.

Chapter 1A-36 FLORIDA MAIN STREET PROGRAM

Fla. Admin. Code R. 1A-36.001 Purpose

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03, Repealed 3-20-16.

Fla. Admin. Code R. 1A-36.002 Definitions

The following words and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning:

(1) “Active Local Program” means a local preservation-based downtown revitalization program that has been designated for participation in the Florida Main Street Program pursuant to Rule 1A-36.008, F.A.C., and is conducted in full conformance with the criteria listed in Rule 1A-36.010, F.A.C.

(2) “Advisory Committee” means the ad hoc Florida Main Street Advisory Committee established pursuant to Rule 1A-36.007, F.A.C., to review and make recommendations to the Secretary of State regarding applications for participation in the Florida Main Street Program.

(3) “Applicant” means the entity that:

(a) Makes application for designation to participate in the Florida Main Street Program; and,

(b) That will be responsible for administration of the local Main Street program, should it be designated. Applicants representing previously designated Local Programs are not eligible to reapply for designation of a local Main Street program to be conducted in the same Local Program Area.

(4) “Application” means a formal written request for participation in the Florida Main Street Program that is made on the Florida Main Street Program Application (Form HR4E023R0102, effective 3-12-03), which is incorporated by reference, and copies of which may be obtained from the Bureau of Historic Preservation at the address and telephone number indicated in subsection 1A-36.003(2), F.A.C.

(5) “Application Deadline” means the formally announced closing date established annually by the Division of Historical Resources, Florida Department of State, for submission of applications for participation in the Florida Main Street Program.

(6) “Awards Committee” means the ad hoc Florida Main Street Awards Advisory Committee established pursuant to Rule 1A-36.011, F.A.C., to review nominations for awards recognizing achievements relating to the goals of individual Local Programs or of the statewide Florida Main Street Program.

(7) “Bureau” means the Bureau of Historic Preservation of the Division of Historical Resources, Florida Department of State.

(8) “Department” means the Florida Department of State.

(9) “Director” means the Director of the Division of Historical Resources, Florida Department of State.

(10) “Division” means the Division of Historical Resources, Florida Department of State.

(11) “Eligible Application” means an Application that has been:

(a) Submitted by an eligible Applicant as described in Rule 1A-36.005, F.A.C.,

(b) Received prior to the Application Deadline, and

(12) “Florida Main Street Program” means the statewide preservation-based downtown revitalization assistance program conducted by the Division of Historical Resources, Florida Department of State.

(13) “Local Organization” means the entity meeting the eligibility requirements in Rule 1A-36.005, F.A.C., that has made application for designation of a local Main Street program for participation in the Florida Main Street Program.

(14) “Local Program” means a local preservation-based downtown revitalization program that has been designated for participation in the Florida Main Street Program pursuant to Rule 1A-36.008, F.A.C.

(15) “Local Program Area” means the specific geographic area, as delineated in the Application, in which the local Main Street program is or will be conducted.

(16) “Main Street Approach” means the comprehensive process developed by the National Main Street Center of the National Trust for Historic Preservation for encouraging downtown revitalization within the context of historic preservation. The Main Street Approach is described in the document entitled “The Main Street Approach”, National Trust for Historic Preservation, Washington D.C., 1993, which is incorporated by reference, and copies of which may be obtained from the Bureau of Historic Preservation at the address and telephone number indicated in subsection 1A-36.003(2), F.A.C.

(17) “Manager” means the professional, full-time employee of the Local Main Street Organization who is responsible for administering the local Main Street program. The Manager also serves as liaison between the local Main Street program and the Florida Main Street Program.

(18) “Program Coordinator” means the employee of the Bureau of Historic Preservation responsible for planning and conducting the statewide Florida Main Street Program.

(19) “Secretary” means the Secretary of State of the State of Florida.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.003 Program Information

(1) The Division shall make available to the public a Florida Main Street Program information package. The information package shall include a description of the program, eligibility requirements, application procedures, and the annual application deadline.

(2) Copies of the information package may be obtained by writing to the Bureau of Historic Preservation, 500 South Bronough Street, R.A. Gray Building (Fourth Floor), Tallahassee, Florida 32399-0250, or by calling (850)245-6333. Bureau office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

(3) The Division shall provide technical assistance on request to entities interested in making application for participation in the Florida Main Street Program. At a minimum, such assistance shall include meeting with community representatives, conducting one or more regional pre-application workshops annually, and responding to e-mail, telephone and written inquiries. Depending on availability of resources, such assistance may also include an assessment visit to the proposed Local Program Area by the Program Coordinator.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.004 Program Description

(1) The Florida Main Street Program is based on the program model developed by the National Trust for Historic Preservation in the early 1980s and provides training and technical assistance to designated Active Local Programs to assist development of preservation-based downtown revitalization programs within their Local Program Areas.

(2) Local Programs are designated for participation in the Florida Main Street Program by the competitive process prescribed in this rule.

(3) With the exception of the limited assistance described in subsection 1A-36.003(3), F.A.C., only Active Local Programs are eligible to receive training and technical assistance through the Florida Main Street Program.

(4) The structured training and technical assistance provided to Active Local Programs through the Florida Main Street Program continues for a period of up to three years following designation. After their initial three-years of participation, Active Local Programs shall receive additional training and technical assistance consistent with available resources.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.005 Eligibility Requirements

(1) An Applicant must represent:

(a) A local downtown preservation and revitalization program within an incorporated municipality, or

(b) A regional, countywide or unincorporated community program (with one or more traditional commercial districts, i.e., a group of small communities connected by a waterway or roadway) conducted by or in cooperation with one or more local and county governments.

(2) The Main Street Approach has been shown to be most successful in communities with populations between 5,000 and 50,000. However, in addition to communities within the 5,000 to 50,000 population range, communities with populations less than 5,000 and traditional neighborhood commercial districts within cities with populations greater than 50,000 are also eligible for participation. For the purpose of application preparation, required population statistics shall be based on the most recent “Florida Estimates of Population” compiled by the Population Program, Bureau of Economic and Business Research, University of Florida.

(3) An Applicant for participation in the Florida Main Street Program must be:

(a) The government of an incorporated municipality;

(b) A county government;

(c) A local non-profit corporation whose articles of incorporation have been filed by the Department of State in accordance with section 617.0125, F.S.;

(d) A community redevelopment agency which has been established by the governing body of an incorporated municipality and is authorized to carry out community redevelopment in a designated area pursuant to chapter 163, F.S.; or

(e) A downtown development authority whose primary function and purpose is planning, coordinating and assisting in the implementation, revitalization and redevelopment of a specific downtown area of a jurisdiction pursuant to chapter 165, F.S.

(4) An Applicant must provide verification of commitment to employ a full-time Manager for a period of at least one year following designation. A three-year commitment is preferred.

(5) An Applicant must provide verification of full first year funding for the Local Program, including: (a) salary and benefits for a full-time Manager, and (b) travel and operating expenses as described in the Application. A three-year Local Program funding commitment is preferred.

(6) Applications must be complete, including all required supporting materials.

(7) Consistent with the provisions of subsection 1A-36.008(1), F.A.C., an application that is determined by the Division not to meet the requirements in subsections (1) through (6), above, shall be declared ineligible. All ineligible applications will be returned by “Certified Mail” to the Applicant by the Division with a written explanation of the determination of ineligibility.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.006 Application Procedures

(1) Each year during the month of June, the Division shall publish notification of the annual Florida Main Street Application Cycle and the Application Deadline in the Florida Administrative Register. This notification shall be published at least 60 days prior to the established Application Deadline and shall include a mailing address and telephone number through which Application forms and additional information may be obtained, and shall specify the maximum number of Local Programs that may be designated for the year. The Division shall provide information regarding the application process at one or more regional pre-application workshops.

(2) Prior to announcement of the annual application cycle, available funding and staffing will be compared with Florida Main Street Program obligations to second year, third year and other Active Local Programs to determine the resources available to provide training and technical assistance to new Local Programs. Based on the results of this assessment, Florida Main Street staff will determine the maximum number of new Local Programs that can be accommodated for the coming year. Only Applicants meeting the requirements set forth in Rules 1A-36.005 and 1A-36.008, F.A.C., will be recommended for designation. If less than the maximum allowable number of Applicants meet the requirements set forth in Rules 1A-36.005 and 1A-36.008, F.A.C., then that lesser number of Applicants will be recommended for designation.

(3) To be considered for designation, Applications must be delivered to the offices of the Bureau of Historic Preservation on or before 5:00 p.m. on the date of the Application Deadline, or must be clearly postmarked on or before that date and mailed by “Certified Mail” with “Return Receipt Requested”, or by a suitable express mail or package service. The Bureau’s address is indicated in subsection 1A-36.003(2), F.A.C. Applications that are delivered by the Applicant or are postmarked or shipped after the Application Deadline shall be automatically rejected, and shall be returned to the Applicant with all support materials by “Certified Mail”.

(4) Applications shall be made on the Florida Main Street Program Application (Form HR4E023R0102, effective 3-12-03).

(5) The Applicant’s submission shall include the original and eight copies of the Application and all supporting materials indicated in the instructions in the Application.

(6) The Applicant Certification in the Application shall be signed by the person or persons with legal authority to obligate the Applicant.

(7) The Applicant may withdraw an Application at any time by submission of a written request to the Division. The request for withdrawal of an Application must be signed by the person or persons with legal authority to obligate the Applicant.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.007 Ad Hoc Florida Main Street Advisory Committee

(1) For the purpose of reviewing Applications and making recommendations on such Applications, there is created annually the ad hoc Florida Main Street Advisory Committee. The Advisory Committee shall review and rank all Eligible Applications and shall recommend Applicants to the Secretary for designation as Local Programs based on the criteria in Rule 1A-36.008, F.A.C.

(2) The Committee shall consist of up to eight members, representing the following public and private sector agencies and organizations:

(a) Division of Historical Resources, Florida Department of State;

(b) National Main Street Center of the National Trust for Historic Preservation;

(d) Florida Redevelopment Association;

(e) Florida League of Cities;

(f) 1000 Friends of Florida;

(g) Florida Trust for Historic Preservation; and,

(h) The Manager of an Active Local Program.

(3) Annually, the Director shall request the head of each agency and organization listed in paragraphs (2)(b) through (g), above, to appoint a representative to serve on the Advisory Committee. The Director shall annually appoint a member from the Division staff and a Manager from an Active Local Program to serve on the Advisory Committee.

(4) With the exception of the Division representative, members of the Advisory Committee shall receive no compensation for their services or reimbursement from the Department for expenses incurred in the performance of said services.

(5) As its first order of business, the Advisory Committee shall elect a chairperson from its membership.

(6) Staff support for the Advisory Committee shall be provided by the Division and shall include, but not be limited to:

(a) Providing notice of Advisory Committee meetings;

(b) Preparing and distributing an agenda of the business to be transacted at each meeting of the Advisory Committee;

(d) Distributing eligible Applications and related materials to Advisory Committee members for review;

(e) Recording Advisory Committee meetings;

(f) Preparing and distributing a written report of the actions of the Advisory Committee;

(g) Maintaining all records of the Advisory Committee;

(h) Responding to public requests for information on the Advisory Committee and its activities; and,

(i) Participating in all Advisory Committee meetings to answer questions and provide such information as the Advisory Committee members may require.

(7) The Advisory Committee shall be convened annually at a place, date and time designated by the Division. Advisory Committee members shall be provided with notice of a scheduled meeting and an agenda at least 30 days in advance of such meeting.

(8) A copy of the agenda of any meeting of the Advisory Committee may be obtained by writing to the Bureau of Historic Preservation or by appearing in person at the offices of the Bureau of Historic Preservation at the address set forth in subsection 1A-36.003(2), F.A.C.

(9) Prior to each Advisory Committee meeting, members shall be provided with guidelines for application review. These guidelines shall include:

(a) A description of the Florida Main Street Program.

(b) An explanation of the Main Street Approach.

(c) An explanation of the eligibility criteria, and other factors to be considered in evaluating and ranking the Applications.

(d) Indication of the maximum number of communities that may be designated for the year.

(10) A public notice of each Advisory Committee meeting shall be published in the Florida Administrative Register at least seven days prior to the date of the meeting. The notice shall provide:

(a) The date, time and place of the meeting.

(b) A brief description of the purpose of the meeting.

(11) For purposes of transacting business, a simple majority of the membership of the Advisory Committee shall constitute a quorum. All action taken shall be by a majority vote of the members present.

(12) A written report of the actions of the Advisory Committee shall be prepared by the Division within 30 days of each Advisory Committee meeting. Advisory Committee members shall be provided with a copy of the written report, and shall notify the Director of any discrepancies within 30 days of receipt.

(13) All members of the Advisory Committee shall comply with all laws governing conflicts of interest, including chapter 112, Part III, F.S.

(14) Any communication on a matter relevant to the duties or activities of the Advisory Committee may be directed to the Division at the address set forth in subsection 1A-36.003(2), F.A.C.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.008 Application Review

(1) Following the Application Deadline, Division staff shall review all Applications for completeness and eligibility. If Division staff determines that an Application is incomplete, they shall request additional information of the Applicant by email or facsimile transmittal. Requested additional information must be received by the Division within seven days of the request, otherwise the Application shall be declared ineligible and handled in accordance with subsection 1A-36.005(7), F.A.C.

(2) The Division shall send to each member of the Advisory Committee a copy of each Eligible Application in sufficient time for members to review all Eligible Applications prior to the Advisory Committee convening in a public meeting for the purpose of considering the Applications.

(3) Division staff shall make the Advisory Committee aware of any additional information or clarification requested by it and received from an Applicant prior to final consideration of said Application.

(4) The Advisory Committee shall hold a public meeting to review and evaluate Eligible Applications within 45 days of the Application Deadline. At least seven days before the meeting, the Division shall notify each Applicant of the date, time and place of the meeting, and provide each Applicant with a copy of the meeting agenda.

(5) Applications shall be evaluated and comparatively ranked in the best professional judgment of the Advisory Committee members in consideration of the following criteria:

(a) Criteria related to the characteristics of the community:

The history of the community and the proposed Local Program Area;
Community demographics, economic base and standard economic indicators;
Potential for benefit from the training and technical assistance provided by the Florida Main Street Program;
Plans for redevelopment within the proposed Local Program Area and the larger community;
Municipal, state and federal development programs and activities within the Local Program Area and the larger community;
Encouragement of economic reinvestment within the Local Program Area provided by local government and financial institutions; and,
Other community organization activities, cultural and recreational events, and facilities that may contribute to revitalization of the Local Program Area.

(b) Criteria related to the readiness of the Applicant:

Organizational and financial readiness of the Applicant to manage the proposed Local Program;
Broad-based support and understanding of the proposed Local Program and its objectives within both the private and the public sectors;
Consistency of the goals of the proposed Local Program with the “Main Street Approach”; and,
Job description, selection process, compensation, and means of evaluating performance of the Manager.

Cohesive and well-defined traditional commercial district with a concentration of historic buildings and sites;
Quantity and quality of housing in and around the Local Program Area;
Economic base and business mix of the Local Program Area and surrounding areas;
Previous downtown revitalization activities by government and private investment.

(d) The supporting documentation, including slides, aerial photographs, maps, certifications, resolutions and letters of support required in the Application.

(e) All other factors being equal, the Advisory Committee shall give preference to Applications from areas of the state not currently served by the Florida Main Street Program in order to give all regions of the state an opportunity to benefit from the program. The training and technical assistance provided to Local Programs through the Florida Main Street Program often influence neighboring communities, cultivating interest in historic preservation and downtown revitalization. For this reason, uniform geographic distribution of the limited resources available through the Florida Main Street Program provides optimum benefit to the citizens of the state.

(6) After all Applications have been reviewed and all Applicants have been allowed to make brief presentations and to answer Advisory Committee questions, each Advisory Committee member shall numerically rank each Application relative to the others in order of priority. The individual rankings will be tabulated and averaged by Division staff. If two or more Applications receive the same average, the Advisory Committee shall vote to rank them relative to each other. After completion of the ranking process, the Advisory Committee shall recommend designation of Applicants as Local Programs, beginning with the highest ranked Applicant and progressing consistent with the ranked list of Applicants. The Advisory Committee may recommend any number of Applicants for designation up to the maximum number announced by the Division for the annual application cycle. However, all Applicants recommended for designation must, in the opinion of the Advisory Committee and consistent with the criteria in this section:

(a) Possess the physical attributes and resources required to conduct an effective local Main Street program, including:

A cohesive collection of historic commercial properties in the proposed Program Area;
An organization consistent with the model described in the Main Street Approach; and,
A budget and committed funding for at least one year following designation as a Local Program.

(b) Demonstrate community understanding of the Main Street Approach and broad public and private local support for the proposed Local Program through letters and resolutions of support, and pertinent media articles; and

(7) The recommendations of the Advisory Committee shall be submitted in writing by the Division to the Secretary of State (Secretary) for review and approval.

(8) Within 30 days of the Advisory Committee meeting, the Secretary, taking into account the recommendations of the Advisory Committee, shall confer Local Program designation on successful Applicants. Division staff shall notify all Applicants of the designated Local Programs.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.009 Program Administration

(1) Upon designation as a Local Program, the successful Applicant shall enter into a formal Florida Main Street Agreement (Form HR3E0310202, effective 3-12-03), which is incorporated by reference. This agreement between the Local Organization and the Division shall set forth the responsibilities of each party relative to Local Program participation in the Florida Main Street Program. The term of the initial agreement shall be one year with provision for two one-year extensions with the mutual agreement of the parties.

(2) During the first year following designation, each Local Program will be eligible to apply for a one-time $10,000 start-up grant from the Historical Resources Grant-in-Aid Program to assist initial development of the Local Program. All Local Program activities assisted through this grant shall be in accordance with the Main Street Approach. Award and administration of all such grants shall be in accordance with provisions of Chapter 1A-35, F.A.C.

(3) The Division, in cooperation with other agencies and organizations, shall conduct and participate in local, regional, and statewide conferences, training programs, and technical assistance events for Active Local Programs.

(4) In order to encourage and acknowledge activities that advance the Main Street Approach to revitalization and historic preservation, the Division shall conduct an annual awards program in accordance with the provisions of Rule 1A-36.011, F.A.C. Individuals, businesses, organizations and agencies of government may be nominated by any Active Local Program for recognition of exceptional activities in support of individual Active Local Programs or the statewide Florida Main Street Program.

(5) Direct Division involvement in Local Programs shall include professional architectural assistance relating to historic preservation and rehabilitation of historic properties, professional technical assistance in disciplines relating to various aspects of downtown revitalization, Local Organization development assistance, Manager training, Local Program evaluations, conferences, and the grant-in-aid funding and awards programs described in this section.

(6) The training and technical assistance described in subsection (5), above, shall be provided by Division staff, other state agencies, and professional consultants with expertise in a range of disciplines relating to historic preservation and downtown revitalization. Consultant services in support of Florida Main Street training and technical assistance programs are provided by entities other than the State of Florida. These non-state entities include non-profit organizations and for-profit corporations. Such services are funded by private contributions or through state grants awarded through the Historic Preservation Grants Program authorized by section 267.0617, F.S.

(7) Prior to delivery of consultant services in support of Florida Main Street training and technical assistance programs, regardless of the manner in which the services are to be funded, consultant qualifications and proposals for consultant services shall be reviewed and approved by the Program Coordinator to ensure that all services provided are consistent with:

(a) Needs identified by the Local Program; and,

(b) The Main Street Approach.

(8) Consultants delivering services in support of the Florida Main Street Program, regardless of the manner in which the services are funded, shall:

(a) Provide the Program Coordinator and Local Program, as applicable, with a one-page report summarizing the services provided, professional observations regarding the effectiveness of the services, any related problems and opportunities identified, and recommendations for follow-up activities;

(b) Conduct all activities in a thoroughly professional manner. Unprofessional behavior, including violence, fighting, threatening, intimidating or abusive behavior, or use of threatening, profane, abusive or inappropriate language shall be grounds for a formal request by the Division for consultant termination.

(9) Entities providing consultant services in support of the Florida Main Street Program shall be required by the Division to investigate any reported unprofessional behavior to ascertain the accuracy of the report before taking any action relative to consultant termination.

(10) Entities providing consultant services in support of the Florida Main Street Program will be required by the Division to apprise all prospective consultants and all non-state providers of consultant services of the requirements of subsection (8), above, before acceptance of any proposal for consultant services.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g), 267.0617(2) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.010 Active Local Programs

(1) Active Local Programs shall include:

(a) Local Programs in the first three years of participation in the Florida Main Street Program; and,

(b) Local Programs that have successfully completed three years of participation in the Florida Main Street Program and are currently conducting a program consistent with the Main Street Approach.

(2) To retain Active Local Program status, Local Programs in both categories in subsection (1), above ,must conform to the criteria established by the National Main Street Center of the National Trust for Historic Preservation, with the exception noted in paragraph (2)(j) below, and must meet the reporting requirements described in subsections 1A-36.010(3) and (4), F.A.C. To conform to the National Main Street Center criteria, Local Programs must:

(a) Have broad-based community support for the commercial district revitalization process, with strong support from both the public and private sectors;

(b) Have developed vision and mission statements relevant to community conditions and to the Local Program’s organizational stage;

(d) Possess an historic preservation ethic as evidenced by:

Having or working towards putting in place an active design assistance program;
Encouraging building renovation or rehabilitation consistent with the recommended treatments described in The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, National Park Service, U.S. Department of the Interior (revised 1990), incorporated by reference, and a copy of which may be obtained from the Bureau of Historic Preservation at the address and telephone number indicated in subsection 1A-36.003(2), F.A.C.;
Encouraging public awareness of the historic properties in the Program Area and the importance of their preservation;
Working toward putting land use policies in place that encourage development of property in the Program Area; and,
Encouraging development of financial mechanisms and incentives to attract investment to the program area.

(e) Have an active board of directors and committees;

(f) Have dedicated funding for an annual operating budget sufficient to cover the cost of:

Program Manager salary and fringe benefits;
Rent and general office expenses;
Travel for participation in Florida Main Street Quarterly Meetings and Annual Conference;
Program Manager professional development; and,
Activities and programs conducted by Local Program committees.

(g) Have a full time paid professional program manager;

(h) Conduct a program of on-going training for staff and volunteers; and,

(i) Report key statistics.

(j) While not required, Local Programs are encouraged to maintain membership in the National Trust’s National Main Street Network program.

(3) Local Programs shall submit a completed FMS Quarterly Report (Form HR3E019R0102, effective 3-12-03) on the schedule indicated on the form. Form HR3E019R0102 is incorporated by reference and copies may be obtained from the Bureau of Historic Preservation.

(4) Local Programs shall submit a completed FMS Annual Report (Form HR3E020R0102, effective 3-12-03), which is incorporated by reference, and copies of which may be obtained from the Bureau of Historic Preservation. The reporting deadline for the Local Program’s FMS Annual Report is July 1.

(5) Local Programs not conducted in accordance with the requirements of subsections 1A-36.010(2) through (4), F.A.C., will be notified by the Division in writing of noncompliance and will be allowed 90 days from the date of notification to bring the Local Program back into compliance with the cited requirements. All training and technical assistance to the Local Program to be provided pursuant to the Florida Main Street Agreement and subsection 1A-36.009(5), F.A.C., shall be postponed during this 90-day period or until the Local Program is brought back into compliance with the cited requirements.

(6) If, after the 90-day period allowed in subsection 1A-36.010(5), F.A.C., the Local Program remains in noncompliance with the requirements of subsections 1A-36.010(2) through (4), F.A.C., it will be designated as inactive and will not be eligible to receive on-site training and technical assistance from the Florida Main Street Program until such time as corrective actions are taken by the Local Program and it is once again conducted in accordance with the cited requirements.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Fla. Admin. Code R. 1A-36.011 Secretary of State’s Florida Main Street Awards Program

(1) The Secretary of State’s Florida Main Street Awards Program is intended to acknowledge and encourage activities that advance the revitalization and historic preservation goals of Active Local Programs and of the statewide Florida Main Street Program.

(2) Annually, at least 60 days but no more than 90 days prior to the deadline for award nominations, such nominations shall be solicited by the Division by written notice to all Active Local Programs. The notice shall include the deadline for award nominations and a mailing address and telephone number through which nomination forms and additional information may be obtained.

(3) All award nominations shall be made on a Secretary of State’s Florida Main Street Award Nomination Form (Form HR3E018R0102, effective 3-12-03), incorporated by reference, and a copy of which may be obtained from the Bureau of Historic Preservation at the address and telephone number indicated in subsection 1A-36.003(2), F.A.C.

(4) Award nomination forms shall be delivered to the offices of the Bureau of Historic Preservation on or before 5:00 p.m., on the date of the annual nomination deadline, or shall be clearly postmarked on or before the nomination deadline and mailed by “Certified Mail” or a suitable express mail or package service to the Bureau offices. All such nominations shall be designated eligible nominations. Award nominations that are postmarked, shipped or personally delivered to the Bureau after the nomination deadline shall be automatically rejected, and shall be returned to the nominator by “Certified Mail.”

(5) All eligible nominations and associated support materials shall become the property of the Division and will not be returned to the nominator.

(6) For the purpose of evaluating eligible nominations, an ad hoc Florida Main Street Awards Advisory Committee shall be convened annually. Membership of the five-member Awards Committee shall include the Program Coordinator, the Bureau of Historic Preservation architect assigned to the Florida Main Street Program, and three Managers of Active Local Programs. The Program Coordinator shall select the three Managers.

(7) All members of the Awards Committee shall comply with all laws governing conflicts of interest, including chapter 112, Part III, F.S.

(8) Division staff shall forward copies of all eligible nominations to the members of the Awards Committee, at least 30 days prior to the date of the meeting called for the purpose of reviewing nominations and formulating recommendations for awards. Awards Committee members are expected to familiarize themselves with the nominations before the meeting.

(9) Division staff shall conduct a review of all eligible nominations to determine if they are technically complete. If it is determined that a nomination is incomplete, the Division staff shall notify the nominator of the missing information or supporting material in writing. Supplemental information and supporting material received by the Division in response to this notification shall be presented to the Awards Committee for consideration in the course of the meeting during which recommendations regarding annual awards are formulated, and prior to final deliberations on nominations.

(10) The Awards Committee shall evaluate the nominations on the basis of information provided in the Secretary of State’s Florida Main Street Award Nomination Form and any additional information received pursuant to subsection 1A-36.011(9), F.A.C. All activities receiving recognition:

(a) Must conform with the principals set forth in the Main Street Approach; and,

(b) For rehabilitation or other construction projects, must conform to the recommended approaches to rehabilitation set forth in The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

(11) Based on its formal review of all eligible nominations, the Awards Committee shall formulate a consensus recommendation to the Secretary of State regarding nominees to receive awards.

(12) Within 30 days following the Awards Committee meeting, the Secretary, taking into account the recommendations of the Awards Committee, shall approve the awards to be conferred for the year. Division staff shall notify all award recipients and make arrangements for formal presentation of the awards.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(5)(g) FS. History–New 3-12-03.

Chapter 1A-37 MISSION SAN LUIS FACILITIES

Fla. Admin. Code R. 1A-37.001 Mission San Luis – Site Uses

(1) General provisions. The grounds and facilities of Mission San Luis (Mission) are available for visitation and rental. Such visitation and rental activities are coordinated by the Friends of Florida History, Inc. (FFH) through a written agreement with the Department of State’s Division of Historical Resources. The FFH is established pursuant to section 267.17, F.S., to provide primary assistance, funding and promotional support including any activities necessary or derived to organize and operate the Mission and its programs.

(a) The site uses should be appropriate and consistent with the seventeenth-century setting at this historic property.

(b) The use of the Mission grounds or the rental of Mission facilities should advance public knowledge and appreciation of the site.

(c) Mission San Luis is a National Historic Landmark, and an important historical and archaeological site. Sites uses must be done in a manner consistent with the state policy relative to historic properties in sections 267.14 and 267.061(1), F.S. Historical reconstructions at the Mission, including the church, council house, Spanish house, friary, kitchen, fort, and any future reconstructions are designated museum exhibits. The archaeological sensitivity and historical integrity of the site including these reconstructions must be maintained at all times.

(d) Smoking is only permitted in designated areas in the Visitor Center’s balcony, courtyard, and parking lot. Otherwise, the entire site is a non-smoking area.

(e) Alcoholic beverages are prohibited on the site except as provided in subsections (4) and (5).

(f) Except for designated parking areas, no vehicles are permitted on the site grounds without proper approval. Service roads may be used for unloading or loading. Otherwise parking is only permitted in the designated visitor parking areas.

(2) Definitions. For purposes of this rule, these words mean or refer as follows:

(a) “Applicant” means any individual, group, partnership, corporation, organization or other legal entity that applies to the FFH for site use or rental.

(b) “Approved Provider” means any provider of food, beverages, or other event services, including cleaning, security, and parking or shuttle services approved by the FFH to provide these services for events held pursuant to the provisions of this rule.

(d) “Facility” refers to any structure, building, or open area that the Mission opens for rental use.

(e) “FFH” refers to the Friends of Florida History, Inc.

(f) “Site” refers to the entire grounds and facilities of the Mission.

(g) “Rental user” or “user” as used interchangeably means any individual, group partnership, corporation, organization or other legal entity that has applied to and been approved by the FFH for rental or other site use.

(3) Visitation. Subject to subsection (1), the Mission shall be open to the public during normal operating hours.

(a) Any person may visit, without application or cost other than paid admission per the established fee and expense schedule under subsection (6), the Mission or otherwise use designated areas of the site for picnics during normal operating hours as posted on site.

(b) No fires or cooking of any kind is permitted by any visitor.

(d) No digging or ground disturbance of any kind is permitted.

(e) Tables and chairs already in the facilities, and outdoor picnic benches and tables are available for enjoyment and use of the site.

(4) Rental.

(a) The Visitor Center may be made available for meetings and events during or after normal operating hours, with the exception of the theatre. The theatre is only available after normal operating hours.

(b) The Historic Grounds and Reconstructions may be made available for rental during and after normal operating hours for catered events.

(d) No food or beverage, and other products or services associated with a rental of the Mission is permitted other than through an agreement with the FFH. The FFH may enter into a third-party agreement to provide such food, beverages, other products or services.

(e) Consumption of alcoholic beverages is permitted only in the Visitor Center complex provided it is secured through a FFH contracted provider of food and beverages. Any member of any party who, because of intoxication or other unreasonable action, creates a disturbance or threatens the peace, tranquility, or safety of guests or property, or may be in violation of any beverage law shall be denied service and evicted from the premises.

(f) Events shall not permanently alter the site with equipment or decorations. Only non-staked tents shall be used.

(g) A rental user must abide by the provisions of this rule, and the terms and conditions of Mission San Luis Site Use and Rental Application and Agreement (Form MSL01) as set forth in subsection (5), and if applicable, a separate agreement with an approved provider of food and beverages.

(5) Rental process.

(a) Any applicant who wishes to use or rent pursuant to subsection (4), a Mission San Luis facility must first submit a completed Mission San Luis Site Use and Rental Application and Agreement (Form MSL01) (rev. 06/11). This form is incorporated by reference and available at http://www.missionsanluis.org/, or by visiting or writing to the Mission at 2100 West Tennessee Street, Tallahassee, Florida 32304. For catered events that include food and beverages, the Applicant must contract separately with a FFH approved provider of food and beverages. The completed and signed application and supporting documents must be filed with the Visitor Center Manager, Mission San Luis, 2100 West Tennessee Street, Tallahassee, Florida 32304, in advance of the planned event. An applicant shall be notified in writing if the rental application (MSL01) is approved or denied.

(b) An application shall be denied if:

The event involves political fundraising activities.
The event interferes with or does not uphold the historic nature of the Mission.
The applicant has failed to comply with terms and conditions of a previous use or rental of the Mission including specific facility or grounds.

The event interferes with or otherwise does not uphold the historic nature of the Mission.
The event involves or includes an outside vendor selling to guests or attendees for which prior written authorization was not obtained. Authorization shall be granted if it is determined that Mission resources are not adversely affected, that existing contractual relationships are not impaired or adversely affected, that a needed visitor service or product is provided, and that the provision of the product and/or service is consistent with MSL management practices as set out in this rule.

(6) Fees and expenses.

(a) The fee and expense schedule, DOS-DHR#MSL02 (eff. 06/11), herein incorporated by reference, shall be published on the Mission’s website at: www.missionsanluis.org (accessible also through the Division’s website), and posted conspicuously on the Mission’s Visitor’s Center. Any proposed change to the current schedule shall be advertised in the Florida Administrative Register, published on the Mission’s website, and posted conspicuously on the Mission’s Visitor Center. A hearing on the schedule shall be held upon request. Any proposed change to the fee schedule shall be approved by the Division before it becomes final. The schedule in effect may be obtained at http://www.missionsanluis.org/, or the Division’s website, or by visiting or writing to the Mission at 2100 West Tennessee Street, Tallahassee, Florida 32304.

(b) The fee and expense schedule shall be based on the:

Cost of managing and operating the Mission site.
Type of facility rented.
The needs or requirements for protecting the historical and archeological value of the Mission site.
Peak season(s) of the year.
Market demand and competition with other similar rental space providers and providers of services in the area to promote and secure use of the facilities and generate funding for the Mission.
Costs to cover special services, needs or requirements that an event may require including but not limited to the use of the Mission’s audio-visual equipment, special staffing, set-up, and clean-up, or the need for valet parking service, shuttle service and security personnel for after normal business hours activities.

Nature, duration and extent of the event held.
Costs to cover special services, needs, or requirements of the event, not otherwise listed in the fee schedule.

(d) An agency, as defined by section 120.52(1), F.S, authorized staff members of that agency, and FFH may use the facilities free of charge for official agency functions or official FFH business; but must comply with all other facility rental fee requirements, including use of and fees for audio-visual equipment, special staffing, set-up and clean-up and overtime charges, cleaning deposit, and other charges related to catered events. Any alternative arrangements for food and beverages must first be reviewed by an approved provider to determine how such arrangement will be handled.

History

Rulemaking Authority 20.10(3), 267.031(1), 267.17(2)(b) FS. Law Implemented 267.031(2), 267.061, 267.17 FS. History‒New 7-19-06, Amended 6-6-11.

Chapter 1A-38 TAX EXEMPTIONS FOR HISTORIC PROPERTIES

Fla. Admin. Code R. 1A-38.001 Purpose

History

Rulemaking Authority 120.53, 196.1997(6), (13), 196.1998(3) FS. Law Implemented 196.1997, 196.1998 FS. History‒New 1-31-94, Repealed 12-18-95.

Fla. Admin. Code R. 1A-38.002 Definitions

The following words and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning:

(1) “Contributing property” means a building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because:

(a) It was present during the period of significance of the district, and possesses historic integrity reflecting its character at that time,

(b) Is capable of yielding important information about the period, or

(c) It independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4, incorporated by reference.

(2) “Division” means the Division of Historical Resources of the Department of State.

(3) “Historic property” means a building, site, structure, or object which is:

(a) Individually listed in the National Register of Historic Places;

(b) A contributing property in a National Register listed historic district;

(d) A contributing property in a historic district designated under the provisions of a local historic preservation ordinance.

(4) “Improvements” means changes in the condition of real property brought about by the expenditure of labor or money for the restoration, renovation or rehabilitation of such property. Improvements shall include additions and accessory structures (i.e., a garage, cabana, guest cottage, storage/utility structure) so long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design and materials, and preserves the historic relationship between a building or buildings, landscape features and open space.

(5) “Local government” means the board of county commissioners or the governing authority of the municipality that has adopted an ordinance providing for property tax exemption for improvements to historic properties pursuant to section 196.1997 or 196.1998, F.S.

(6) “Local historic preservation office” means a local government agency certified by the Division as qualified to review applications for property tax exemptions pursuant to sections 196.1997 or 196.1998, F.S.

(7) “National Register of Historic Places” means the list of historic properties significant in American history, architecture, archeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (Public Law 89-665; 80 STAT. 915; 16 U.S.C. 470), as amended.

(8) “Noncontributing property” means a building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because:

(a) It was not present during the period of significance of the district,

(b) Due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or

(9) “Renovation” or “rehabilitation”. For historic properties or portions thereof which are of historical or architectural significance, “renovation” or “rehabilitation” means the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, cultural and archaeological values. For historic properties or portions thereof which are of archaeological significance or are severely deteriorated, “renovation” or “rehabilitation” means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or reestablish the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.

(10) “Restoration” means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

(11) “Useable space” means that portion of the space within a building which is available for assignment or rental to an occupant, including every type of space available for use of the occupant.

History

Rulemaking Authority 196.1997, 196.1998 FS. Law Implemented 196.1997, 196.1998 FS. History–New 1-31-94, Amended 9-3-00.

Fla. Admin. Code R. 1A-38.003 Application for Exemption

(1) Except as provided in subsection 1A-38.003(2), F.A.C., application for the property tax exemption shall be made on the three-part Historic Preservation Property Tax Exemption Application, DOS Form No. HR3E101292, revised 9-3-00 and incorporated by reference. This form may be obtained by writing the Division at: Bureau of Historic Preservation, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or from the local historic preservation office in the jurisdiction of the local government. Part 1-Evaluation of Property Eligibility and Part 2-Description of Improvements may be submitted before or during construction, or upon completion of the improvements; however, property owners are strongly encouraged to submit these parts of the application to ensure property eligibility and secure preliminary project approval before construction is initiated. Part 3-Request for Review of Completed Work shall be submitted upon completion of the improvements. For improvements completed before application is made, Part 3-Request for Review of Completed Work must accompany the Part 2 submission.

(2) In lieu of DOS Form No. HR3E101292, any local government with a local historic preservation office certified pursuant to Rule 1A-38.007, FAC., may develop an alternative application form for use by property owners within its jurisdiction; however, such alternative application form shall:

(a) At a minimum, require the property owner to provide the information indicated in DOS Form No. HR3E101292,

(b) Be in the two-part format of DOS Form No. HR3E101292; and,

(3) The completed Part 1-Evaluation of Property Eligibility, Part 2-Description of Improvements and Part 3-Request for Review of Completed Work shall be submitted by the property owner to the local historic preservation office or the Division, whichever is designated by the local ordinance as the representative of the local government for the purpose of reviewing applications for the property tax exemption.

(4) Upon receipt of the completed Part 1-Evaluation of Property Eligibility and Part 2-Description of Improvements, and all required supporting materials, the local historic preservation office or the Division shall conduct a review to determine.

(a) Whether the property for which an exemption has been requested satisfies section 196.1997(11)(a), F.S.;

(b) Whether the proposed, in progress, or completed improvements are consistent with The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1990), U.S. Department of the Interior, National Park Service, incorporated by reference, and the criteria in Chapter 1A-38, F.A.C.; and,

(c) For applications submitted under the provisions of section 196.1998, F.S., whether the improvements meet the criteria in subsections 1A-38.004(3) and (4), F.A.C. Part 2-Description of Improvements will not be reviewed prior to review of Part 1-Evaluation of Property Eligibility and certification that the subject property is a historic property as defined in subsection 1A-38.002(3), F.A.C. and, for applications submitted under the provisions of Section 196.1998, F.S., that the property meets the criteria in subsections 1A-38.004(4) and (5), F.A.C. Copies of the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be obtained by writing the Division at the address indicated in subsection 1A-38.003(1), F.A.C. or from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(5) Upon completion of the review of Part 1-Evaluation of Property Eligibility and Part 2-Description of Improvements, the local historic preservation office or Division shall notify the applicant and the local government in writing of the results of the review and shall make recommendations for correction of any planned or completed work deemed to be inconsistent with the standards cited in Rule 1A-38.005, F.A.C.

(6) Each review of Part 1-Evaluation of Property Eligibility and Part 2-Description of Improvements conducted by the Division shall be completed within 30 days following receipt of the completed application and all required supporting materials. Each review of Part 1-Evaluation of Property Eligibility and Part 2-Description of Improvements conducted by a local historic preservation office shall be completed consistent with the routine schedules and procedures of the local design review body as set forth by the local government.

(7) Upon receipt of Part 3-Request for Review of Completed Work and all required supporting materials, the local historic preservation office or the Division shall conduct a review to determine whether or not the completed improvements are in compliance with the work described in an approved Part 2-Description of Improvements, subsequent approved amendments, if any, and the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If Part 2-Description of Improvements and Part 3-Request for Review of Completed Work are submitted after completion of the improvements, both shall be reviewed concurrently for compliance with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The local historic preservation office or the Division, as applicable, reserves the right to inspect the completed work to verify such compliance.

(8) On completion of the review of a Request for Review of Completed Work, the local historic preservation office or the Division shall recommend that the local government grant or deny the exemption. The recommendation, and the reasons therefor, shall be provided in writing to the applicant and to the local government. The recommendation shall advise the applicant of his right to a fair hearing pursuant to section 120.57, F.S., and procedures set forth by the local government.

(9) Each review of a Request for Review of Completed Work conducted by the Division shall be completed within 30 days following receipt of the completed request and all required supporting materials. Each review of a Request for Review of Completed Work conducted by a local historic preservation office shall be completed consistent with the routine schedules and procedures of the local design review body as set forth by the local government.

History

Rulemaking Authority 196.1997(6) FS. Law Implemented 196.1997, 196.1998 FS. History–New 1-31-94, Amended 9-3-00.

Fla. Admin. Code R. 1A-38.004 Evaluation of Property

(1) Part 1-Evaluation of Property Eligibility submitted to the Division for properties which have been individually designated as historic properties or landmarks under the provisions of a local historic preservation ordinance shall include documentation substantiating such designation and describing the historic, archaeological or architectural features which provided the basis for designation. Acceptable documentation shall include a copy of the designation report for the property and official correspondence notifying the property owner of designation.

(2) For properties located in a historic district listed in the National Register of Historic Places, the local historic preservation office or the Division shall apply the definitions of contributing and noncontributing properties as set forth in subsections 1A-38.002(1) and 1A-38.002(6), F.A.C., respectively, to determine whether the property is a contributing property.

(3) For properties located in a historic district designated by local ordinance, the local historic preservation office or the Division shall apply the criteria set forth in the local ordinance to determine whether the property is a contributing property. If the local ordinance does not include criteria or a process sufficient to determine whether the property is a contributing property, the local historic preservation office or the Division shall apply the definitions of contributing and noncontributing properties as set forth in subsections 1A-38.004(1) and 1A-38.002(6), F.A.C., respectively, to determine whether the property is a contributing property.

(4) For purposes of the exemption under Section 196.1998, F.S., a property is being used for government or nonprofit purposes if the occupant or user of at least 65 percent of the useable space of a historic building or of the upland component of an archaeological site is an agency of the federal, state or local government, or a nonprofit corporation whose articles of incorporation have been filed by the Department of State in accordance with section 617.0125, F.S.

(5) For purposes of the exemption under section 196.1998, F.S., a property is considered regularly and frequently open to the public if public access to the property is provided not less than 52 days a year on an equitably spaced basis, and at other times by appointment. Nothing in this rule shall prohibit the owner from charging a reasonable nondiscriminatory admission fee.

History

Rulemaking Authority 196.1997(13), 196.1998(3) FS. Law Implemented 196.1997, 196.1998 FS. History–New 1-31-94, Amended 9-3-00.

Fla. Admin. Code R. 1A-38.005 Evaluation of Improvements

The local historic preservation office or the Division shall apply the recommended approaches to rehabilitation as set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings in evaluating the eligibility of improvements to the historic property. For improvements intended to protect or stabilize severely deteriorated historic properties or archaeological sites, the local historic preservation office or the Division shall apply the following additional standards:

(1) Before applying protective measures which are generally of a temporary nature and imply future historic preservation work, an analysis of the actual or anticipated threats to the property shall be made.

(2) Protective measures shall safeguard the physical condition or environment of a property or archaeological site from further deterioration or damage caused by weather or other natural, animal or human intrusions.

(3) If any historic material or architectural features are removed, they shall be properly recorded and, if possible, stored for future study or reuse.

(4) Stabilization shall reestablish the structural stability of a property through the reinforcement of loadbearing members or by arresting material deterioration leading to structural failure. Stabilization shall also reestablish weather resistant conditions for a property.

(5) Stabilization shall be accomplished in such a manner that it detracts as little as possible from the property’s appearance. When reinforcement is required to reestablish structural stability, such work shall be concealed wherever possible so as not to intrude upon or detract from the aesthetic and historical quality of the property, except where concealment would result in the alteration or destruction of historically significant material or spaces.

History

Rulemaking Authority 196.1997(13), 196.1998(3) FS. Law Implemented 196.1997, 196.1998 FS. History–New 1-31-94.

Fla. Admin. Code R. 1A-38.006 Covenant

(1) Except as provided in subsection 1A-38.006(2), F.A.C., a property owner qualifying for an exemption pursuant to Sections 196.1997 and 196.1998, F.S., and the local government granting the exemption shall execute the Historic Preservation Property Tax Exemption Covenant, DOS Form No. HR3E111292, effective 1-31-94 and incorporated by reference. DOS Form No. HR3E111292 may be obtained by writing the Division at the address in subsection 1A-38.003(1), F.A.C. or from the local historic preservation office in the jurisdiction of the local government. On or before the effective date of the exemption, as established by the applicable local government, the owner of the property shall have the Covenant recorded with the deed for the property in the official records of the county in which the property is situated.

(2) In lieu of DOS Form No. HR3E111292, any local government may develop an alternative form of covenant for use within its jurisdiction; however, such alternative form of covenant shall:

(a) At a minimum, bind the parties to conditions and requirements equivalent to those set forth in DOS Form No. HR3E111292; and,

(b) Be approved by the Division.

(3) The following conditions shall provide justification for removal of a property from eligibility for the property tax exemption provided under section 196.1997, F.S.:

(a) The owner is in violation of the provisions of the Historic Preservation Tax Exemption Covenant; or

(b) The property has been damaged by accidental or natural causes to the extent that the historic integrity of the features, materials, appearance, workmanship and environment, or archaeological integrity which made the property eligible for listing in the National Register or designation under the provisions of the local preservation ordinance have been lost or so damaged that restoration is not feasible.

(4) For the exemption provided under Section 196.1998, F.S., the following conditions, as well as those indicated in Rule 1A-38.006(3), F.A.C., shall justify removal of a property from eligibility for the exemption:

(a) The property is sold or otherwise transferred from the owner who made application and was granted the exemption; or

(b) The property no longer meets the requirements set forth in subsections 1A-38.004(4) and 1A-38.004(5), F.A.C.

History

Rulemaking Authority 196.1997(7) FS. Law Implemented 196.1997, 196.1998 FS. History–New 1-31-94.

Fla. Admin. Code R. 1A-38.007 Certification of Local Historic Preservation Office

(1) Criteria for certification shall be as set forth in sections A and B of the Florida Certified Local Government Guidelines (Revised November 1993) promulgated by the Division and incorporated by reference. These guidelines may be obtained by writing the Division at the address in subsection 1A-38.003(1), F.A.C.

(2) Existing Certified Local Governments shall automatically be designated local historic preservation offices for the purposes set forth in Sections 168.1997 and 168.1998, F.S.

(3) Other local governments requesting certification of a local historic preservation office shall apply on the Application for Certification, Florida Certified Local Governments Program, which is Appendix C to the Florida Certified Local Government Guidelines.

(4) Within 45 days following receipt of a complete Application for Certification and all required supporting material, the Division shall render a written determination regarding the application, either approving or denying certification for the purposes set forth in sections 196.1997 and 196.1998, F.S. For denials, the Division shall provide the applicant with an explanation, clearly indicating the reasons for denial.

(5) Certification pursuant to this rule shall remain in effect so long as the local government maintains a program which meets the minimum requirements set forth in sections A and B of the Florida Certified Local Government Guidelines.

History

Rulemaking Authority 196.1997(6) FS. Law Implemented 196.1997, 196.1998 FS. History–New 1-31-94.

Chapter 1A-39 HISTORIC PRESERVATION GRANT PROGRAM

Fla. Admin. Code R. 1A-39.001 Division of Historical Resources Grant Programs & Requirements

(1) The purpose of this chapter is to establish administrative procedures for all Division of Historical Resources Historic Preservation Grants-in-Aid programs. Each program is governed by guidelines that contain eligibility requirements, application review procedures, evaluation and funding criteria, grant administration procedures, and application forms. All grant awards are subject to the approval of the Secretary of State and subject to availability of funds appropriated by the Legislature.

(2) At least 80% of each donation made pursuant to Section 550.0351(2), F.S., if any, shall be available for allocation to eligible projects within a 50-mile radius of the racetrack or fronton which held the Charity Day from which the donation is derived. The remaining 20% of each donation may be used for eligible projects in other areas of the state.

(3) All grant applicants must meet the requirements set forth in the Historic Preservation Grants-in-Aid Small Matching Grant Guidelines, effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18177, Special Category Grant Guidelines, effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18178, and Abandoned African-American Cemeteries Grant Guidelines, effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18179, which are available from the Division of Historical Resources (Division) and are hereby incorporated by reference.

(a) Small Matching Grant Program. The purpose of this program is to provide funding to assist local, regional and state-wide efforts to preserve significant historic and archaeological resources, and promote knowledge and appreciation of the history of Florida. This program does not fund operational support for historic preservation organizations.

(b) Special Category Grant Program. The purpose of this program is to provide funding to assist major local, regional and state-wide efforts to preserve significant historic and archaeological resources, to assist major archaeological excavations or research projects, and assist in the development and fabrication of major museum exhibits that will promote knowledge and appreciation of the history of Florida. The program does not fund operational support for historic preservation organizations.

(c) Abandoned African-American Cemeteries Grant Program. The purpose of this program is to provide funding to assist efforts to protect and preserve abandoned African-American cemeteries in the State of Florida.

(4) The following application forms are available from the Division at http://www.dos.myflorida.com/historical/grants, and are hereby incorporated by reference:

(a) Small Matching Grant Application (Form DHR001), effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18180.

(b) Special Category Grant Application (Form DHR002), effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18181.

(c) Abandoned African-American Cemeteries Grant Application (Form DHR009), effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18182.

(5) The following forms are used in the administration of all Historic Preservation Grants-in-Aid and are hereby incorporated by reference and available at http://www.dos.myflorida.com/historical/grants:

(a) Progress Report Form (Form DHR003), effective 07/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-14529.

(b) Preservation Agreement (Form DHR007), effective 05/2018, http://www.flrules.org/Gateway/reference.asp?No=Ref-09337.

(d) Grant Award Agreement (Form GAA001), effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18184.

(e) Abandoned African-American Cemeteries Grant Award Agreement (Form GAA002), effective 07/2025, http://www.flrules.org/Gateway/reference.asp?No=Ref-18185.

(6) Federal Funding. Federal funds for historic preservation grants-in-aid may be apportioned to the State of Florida by the U.S. Department of the Interior, pursuant to the National Historic Preservation Act. The use of such federal funds for Historic Preservation Grants-in-Aid is subject to the policies, procedures, and guidelines set forth by that agency in the June 2007 edition, of the Historic Preservation Fund Grants Manual, herein incorporated by reference, and to any special conditions required by the U.S. Department of the Interior in apportioning monies to the State of Florida from which such projects will be funded. The federal Historic Preservation Fund Grants Manual is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05736.

(7) Additional Requirements. The following additional requirements apply to the Division’s historic preservation grants-in-aid programs:

(a) All evaluations of the historic significance of historical and archaeological sites and properties shall be evaluated on the basis of the Criteria for Evaluation for the National Register of Historic Places, as adopted in 1966, and set forth in 36 CFR 60.4, http://www.flrules.org/Gateway/reference.asp?No=Ref-05735, herein incorporated by reference; and,

(b) Historic properties receiving historic preservation grants-in-aid assistance from the Division will be maintained consistent with the Secretary of the Interior’s Standards for Rehabilitation, effective 2017, http://www.flrules.org/Gateway/reference.asp?No=Ref-09341, herein incorporated by reference, in accordance with the terms of either a Preservation Agreement or Restrictive Covenant.

(c) All grant funding provided by the Small Matching Grant Program and Special Category Grant Program must be utilized in accordance with the standards, as applicable to the specific project type, contained in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, effective September 29, 1983, http://www.flrules.org/Gateway/reference.asp?No=Ref-08164, which are herein incorporated by reference, and include:

The Secretary of the Interior’s Standards for the Treatment of Historic Properties (revised 2017),
The Secretary of the Interior’s Standards for Archaeological Documentation,
The Secretary of the Interior’s Standards for Historical Documentation,
The Secretary of the Interior’s Standards for Architectural and Engineering Documentation; and,
The Secretary of the Interior’s Standards for Preservation Planning.

(d) Project oversight of museum exhibit projects funded by the Division must be provided by a historian meeting the Secretary of the Interior’s Professional Qualifications Standards for History or Archeology, which are set forth in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation incorporated in paragraph 1A-39.001(7)(c), F.A.C.

(e) The employment of unauthorized aliens by a grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act (8 U.S.C. §1324a), as amended October 2004, http://www.flrules.org/Gateway/reference.asp?No=Ref-08165, herein incorporated by reference.

History

Rulemaking Authority 267.031(1), 267.0617(5), 267.21(3) FS. Law Implemented 267.0617(2), (3), 267.21(2) FS. History–New 10-14-09, Amended 4-21-15, 9-2-15, 6-15-16, 6-1-17, 5-10-18, 5-20-19, 5-7-20, 6-8-21, 7-19-22, 7-6-23, 11-29-23, 7-14-24, 7-16-25.

Fla. Admin. Code R. 1A-39.002 Definitions

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.003 Grant Funding

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.004 Grant Programs

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.005 Non-Allowable Costs

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.006 Match Contributions

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.007 Application Procedures

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.008 Application Review

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.009 Grant Award Agreement

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.010 Reporting Requirements

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.011 Restrictive Covenants

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Fla. Admin. Code R. 1A-39.012 Preservation Agreement

History

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2), (3) FS. History–New 10-14-09, Repealed 4-21-15.

Chapter 1A-40 ADMINISTRATION OF PERMANENT COLLECTIONS

Fla. Admin. Code R. 1A-40.001 General

History

Rulemaking Authority 267.031(1), 267.061(3)(m)6. FS. Law Implemented 267.061(3)(m)6. FS. History-New 3-28-90, Repealed 12-18-95.

Fla. Admin. Code R. 1A-40.002 Scope

History

Rulemaking Authority 267.031(1), 267.061(3)(m)6. FS. Law Implemented 267.061(3)(m)6. FS. History-New 3-28-90, Repealed 12-18-95.

Fla. Admin. Code R. 1A-40.003 Definitions

The following words and terms shall have the following meanings:

(1) “Accession” means the process of formally adding a newly-acquired artifact to the division’s permanent collections records and assigning it a unique number.

(2) “Acquire” means the process of agreeing to accept an artifact for the permanent collections of the division and taking possession of the artifact by any lawful method, including but not limited to donation, bequest, purchase, transfer from another agency, staff field collection, exchange, archaeological excavation of state-owned lands, or as a result of an underwater archaeological salvage or exploration contract, pursuant to Chapter 1A-31, F.A.C.

(3) “Agency” means any state, county, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law.

(4) “Artifact” means an object or group of objects of intrinsic historical, architectural, archaeological, or folk cultural value relating to the history, government, or culture of the state of Florida.

(5) “Deaccession” means the process of formally removing a state-owned artifact from the division’s permanent collections records.

(6) “Disposal” means the process of permanently removing a state-owned artifact from the division's permanent collections by one of the following means:

(a) Transferring title to another agency, institution, organization, or individual, and moving the artifact to the premises of that agency, institution, organization, or individual; or

(b) Properly discarding or destroying the artifact, if it has deteriorated or has been damaged beyond usefulness or repair.

(7) “Division” means the Division of Historical Resources of the Florida Department of State.

(8) “Hazardous” means any material that is regulated by the Florida Department of Environmental Protection.

(9) “State-owned artifact” means an artifact in the permanent collections of the division that is owned by the State, with title vested in the division.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 3-28-90, Amended 5-11-92.

Fla. Admin. Code R. 1A-40.004 Administration of Division’s Permanent Collections

History

Rulemaking Authority 267.031(1), 267.061(3)(m)6. FS. Law Implemented 267.061(3)(m)6. FS. History-New 3-28-90, Repealed 12-18-95.

Fla. Admin. Code R. 1A-40.005 Acquisition Procedures

(1) The division delegates responsibility for initial contact with prospective donors or vendors to its bureaus. When contacted by a prospective donor or vendor, each bureau determines in accordance with subsection 1A-40.004(2), F.A.C. whether the offered artifact falls within its or another bureau’s area of responsibility. If the artifact is more appropriate for the division’s permanent collections administered by another bureau, the prospective donor or vendor is referred to that bureau.

(2) The responsible bureau evaluates artifacts and determines whether they should be accepted into the division’s permanent collections.

(a) The process of evaluating each artifact is recorded on an Evaluation Log (HR2I360991), herein incorporated by reference.

(b) When the division accepts custody of an artifact from a prospective donor or vendor, an Examination Receipt (HR2E230889), herein incorporated by reference, is completed.

All acquisitions must have intrinsic historical, architectural, archaeological, or folk cultural value relating to the history, government, or culture of the state of Florida; and,
All acquisitions must possess potential for research or be useful for exhibition or interpretive purposes.
In addition to these general criteria, the following factors shall be considered when evaluating artifacts:

a. Whether the artifacts have been carefully examined and evaluated by a division staff member who is knowledgeable about them;

b. Whether the artifacts have legitimate and clear provenance;

c. Whether the current owner of the artifacts has clear title to them and is free to convey them to the division;

d. Whether the division can provide proper storage, protection, and preservation for the artifacts, to ensure their availability for division purposes; and

e. The artifacts’ copyright status, if applicable.

(3) When evaluation is completed, a decision is made as to whether to acquire the artifact and accept it into the division’s permanent collections.

(a) In the case of artifacts valued at less than $500, this decision is made at the bureau level. If an artifact is valued at $500 or more, or if the responsible bureau determines that it will have a significant impact on the public or may cause public controversy, the approval of the division director is required.

(b) The prospective donor or vendor is notified of the division’s decision.

(4) If the division decides to acquire an artifact, acquisition is accomplished by one of the following methods. The method of acquisition used is based on the needs of the donor or vendor and the division and on the nature of the transaction.

(a) If the artifact is acquired by donation, a Deed of Gift (HR2E240889) or an Informant Depositor Agreement (HR5E140889), herein incorporated by reference, is completed;

(b) If the artifact is acquired by purchase, a receipt of purchase is secured;

(c) If the artifact is transferred to the division from another state agency, appropriate documentation by acknowledgement and receipt is obtained; or

(d) If the artifact is retrieved from an underwater shipwreck site as the result of a treasure salvage operation permitted under Chapter 1A-31, F.A.C., a Treasure Salvage Division Inventory (HR6E010889), herein incorporated by reference, is completed.

(5) If the division decides not to acquire an artifact for its permanent collections, the artifact, if it is in the division's custody, is returned to the prospective donor or vendor, or is disposed of as noted on the Examination Receipt (HR2E230889).

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 3-28-90, Amended 5-11-92.

Fla. Admin. Code R. 1A-40.006 Accessioning Procedures

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 3-28-90, Amended 5-11-92, Repealed 4-13-15.

Fla. Admin. Code R. 1A-40.007 Inventory of State-owned Artifacts

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 3-28-90, Amended 5-11-92, Repealed 4-13-15.

Fla. Admin. Code R. 1A-40.008 Loan of State-owned Artifacts

(1) The division may make loans of state-owned artifacts for scholarly or educational purposes or to assist the division in carrying out its responsibility to ensure proper curation of state-owned artifacts.

(2) While the division makes loans primarily to not-for-profit agencies, institutions, and organizations, a loan occasionally may be made to a for-profit agency, institution, or organization when the loan's purpose is consistent with the purposes set out in subsection 1A-40.008(1), FAC. It is the division’s policy not to loan state-owned artifacts for decorative or personal use. State-owned artifacts are not loaned to any agency, institution, or organization that is or has been under criminal investigation, unless the agency, institution, or organization has been cleared of any wrongdoing. The division will not loan state-owned artifacts to any agency, institution, or organization that plans to offer artifacts for sale during the term of the loan.

(3) Whether a loan is initiated by the division or is requested by another agency, institution, or organization, a written request is submitted to the division, in care of the responsible bureau. This request includes the following information:

(a) A list of the state-owned artifacts requested for loan;

(b) A statement of the proposed loan’s purpose, including, if applicable, the title of the exhibition in which state-owned artifacts will be displayed;

(d) If applicable, the manner in which loaned state-owned artifacts will be presented in an exhibition and the estimated size and composition of the exhibition's audience.

(4) In addition, each agency, institution, or organization that wishes to borrow a state-owned artifact completes a Facilities Report (HR2E260889), herein incorporated by reference, and submits it to the responsible bureau.

(5) Upon receipt of a written request and a completed Facilities Report (HR2E260889), the responsible bureau evaluates the request. The written request and the completed Facilities Report (HR2E260889) must be received at least six weeks before state-owned artifacts are to be removed from the division's permanent collections for shipping to the borrower.

(a) To be approved, a loan must serve one of the following purposes:

To assist historical, architectural, archaeological, folk cultural, or other studies;
To provide state-owned artifacts relating to interpretive exhibits and other educational programs which promote knowledge and appreciation of Florida history and culture and the programs of the division; or
To assist the division in carrying out its responsibility to ensure proper curation of state-owned artifacts.

(b) In addition, the following criteria are considered when evaluating loan requests, to determine that the loan will produce a substantial public benefit and that loaned state-owned artifacts will be properly protected and preserved:

The care, security, and insurance to be provided by the borrowing institution. No loans of state-owned artifacts are made without adequate insurance coverage for these artifacts. Information is obtained about the amount of fine arts or liability insurance coverage needed for the requested loan, based on its appraised value. The appraisal is obtained by one of the following methods:

a. Determination by a division staff member;

b. Consultation of collections records; or

c. Determination by a hired consultant. The cost of this type of appraisal shall be paid for as agreed between the parties.

Any anticipated use by the division itself of the requested artifact;
The condition, rarity, and value of the requested artifact;
The duration of the loan, all loans being made for a specified period of time only;
The feasibility of preparing the loan within the time requested;
The size and composition of the anticipated audience, if this information is appropriate to the purpose of the loan; and,
If applicable, the context in which the requested artifact will be exhibited and how this would reflect on the division and the State of Florida.

(6) Based on the criteria set out in subsection 1A-40.008(5), F.A.C., a decision is made whether to approve the loan request. The responsible bureau notifies the requesting agency, institution, or organization in writing of the decision. To complete the loan process:

(a) Collections records are verified to ensure that they are current, and that they contain a photograph or photocopy of the artifact;

(b) A Loan Agreement (HR2E270889), herein incorporated by reference, is completed and returned;

(c) A commitment is obtained for insurance of loaned state-owned artifacts in an amount determined by division staff members or by outside appraisal. For loans of state-owned artifacts whose combined value is over $500, proof of insurance is obtained. Proof of insurance must be received by the division before state-owned artifacts leave the division's custody; and,

(d) The artifact is prepared for delivery to the borrower and arrangements are made for transportation.

(7) The division may seek to recover costs associated with loans, including costs for materials, staff time, and shipping or transportation, and such costs may be charged to the borrowing agency, institution, or organization. These charges are negotiated prior to approving a loan, and moneys collected are deposited in the Operating Trust Fund of the division. Any income received from the loan of state-owned artifacts is used to acquire additional artifacts, to defray costs associated with the loan, or to assist in the curation or maintenance of state-owned artifacts.

(8) A written request to renew a loan must be received at least one month prior to the end of the existing loan agreement. Procedures described in subsections 1A-40.008(5)-(7), F.A.C., are followed to evaluate each request for renewal and to complete the loan process.

(9) Every loan, including those considered to be permanent, must be reviewed at least every five years. If any of the loan conditions are violated, and if the division determines that such violations are detrimental to the security or preservation of the artifacts, the division shall terminate the loan agreement.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 3-28-90, Amended 5-11-92.

Fla. Admin. Code R. 1A-40.009 Deaccession and Disposal of State-owned Artifacts

In accordance with the policy set forth in Rule 1A-40.004, F.A.C., all decisions to remove a state-owned artifact from the division’s permanent collections by deaccession and disposal are made in a manner that is in the best interests of the public and the artifact.

(1) From time to time, each bureau that is responsible for artifacts in the division's permanent collections initiates recommendations of state-owned artifacts that should be deaccessioned and the method by which the deaccessioned artifacts should be disposed of. A Deaccession and Disposal Worksheet (HR2I280889), herein incorporated by reference, is completed to document the deaccession and disposal process.

(2) The criteria listed below are used to determine whether a state-owned artifact may be deaccessioned and disposed of:

(a) Deaccessioning and disposing of a state-owned artifact may be recommended only if:

The artifact is not relevant and useful to the functions and activities of the division; and,
The artifact cannot be properly stored, preserved, or interpreted by the division; and,
The artifact has been in the division’s permanent collections for at least one year (hazardous or actively decomposing materials excepted).

(b) Examples of situations in which deaccession and disposal of a state-owned artifact may be recommended include, but are not limited to, instances in which an artifact:

Has no further use or value for the research, exhibit, or interpretive programs of the division; or
Will receive appropriate interpretation, maintenance, or preservation by another agency, institution, or organization; or
Has deteriorated or been damaged beyond usefulness or repair; or
Is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of division employees or other persons; or
Has been obtained under a commercial salvage contract with the division executed pursuant to Chapter 1A-31, F.A.C., and is duplicated by another artifact in the division’s permanent collections.

(c) Before a recommendation on deaccession and disposal is made, a determination is made as to whether the division is free to deaccession and dispose of a state-owned artifact by verifying that the division legally owns the artifact, and that the division is not prohibited from deaccessioning and disposing of the artifact by a legal condition of ownership. Where any such restriction of ownership applies:

An opinion is sought from the Office of Legal Affairs of the Florida Department of State regarding the intent and force of any restrictions; and
A deaccessioned artifact to which precatory restrictions apply is not disposed of until reasonable efforts have been made to comply with the restrictions.

(3) The responsible bureau requests authorization from the division director to proceed with deaccession and disposal and proceeds only after receiving this authorization.

(4) After receiving authorization to proceed with deaccession and disposal, the responsible bureau determines an appropriate method of disposal.

(a) The responsible bureau ensures that:

Preference shall be given to retaining within Florida those materials that are part of the state’s historical, architectural, archaeological, or folk cultural heritage; and,
Ownership shall not be given to any division employee or board, council, or committee member, or to a spouse or relative of an employee or board, council, or committee member, unless that person was the original donor of the artifact.

(b) The appropriate method of disposal is chosen from among the following:

If a state-owned artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of division employees or other persons, the Florida Department of Environmental Protection shall be contacted to determine appropriate procedures for handling, transporting, and disposing of the artifact.
If a state-owned artifact has deteriorated or been damaged beyond usefulness or repair, it may be properly discarded or destroyed.
If the state-owned artifact meets the conditions set out in subparagraph 1A-40.009(2)(b)5., F.A.C., it may be exchanged for an artifact owned either by a not-for-profit or a for-profit agency, institution, or organization or by an individual, provided each of the following conditions is met:

a. Artifacts received and granted in exchange were retrieved from the same shipwreck site;

b. Artifacts received are of value approximately equal to or greater than that of the state-owned artifacts granted in exchange, as determined by an independent appraisal; and,

c. The exchange results in the division receiving artifacts not well represented in its permanent collections.

In all other cases, when determining the appropriate method of disposal, every reasonable effort shall be made to ensure that ownership of the artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization. To accomplish this end, the following options shall be investigated:

a. Selling the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

b. Exchanging the deaccessioned artifact for a Florida-related artifact owned by another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

c. Donating the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

d. Transferring the deaccessioned artifact to one of the division's non-permanent collections to be used for research or in interpretive exhibits or other educational programs which promote knowledge and appreciation of Florida history and culture.

e. Only after all reasonable efforts have been made to ensure that ownership of a deaccessioned artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization, may the following alternatives be investigated, in order, for disposing of the artifact:

I. All reasonable efforts are made to locate the original donor and offer the deaccessioned artifact to him or her;

II. If the original donor cannot be located, or does not wish to have custody of the deaccessioned artifact, the artifact may be sold or donated to or exchanged with an individual; a private, for-profit, organization; or a not-for-profit agency, institution, or organization other than one of the types of not-for-profit entities named in subsection 1A-40.009(4), F.A.C.; or the artifact may be disposed of by any other legal means.

Human skeletal remains in the division’s permanent collections are disposed of in accordance with section 872.05, F.S.

(c) The method of disposal chosen shall be consistent with the principles described in subsection 1A-40.004(1), F.A.C., and the reason or reasons for choosing a method shall be documented in writing by the responsible bureau.

(5) After determining an appropriate method of disposal, the responsible bureau seeks final approval from the division director for deaccessioning and disposing of a state-owned artifact. If approval is received, the bureau carries out deaccession and disposal in the manner recommended.

(a) The following steps are taken to complete the process:

A staff member ensures that collections records contain the following:

a. A photograph or photocopy of the artifact;

b. A physical description of the artifact; and,

c. Information about the provenance of the artifact, if available;

The division’s accession number is removed from the artifact unless, by doing so, the integrity of the artifact would be damaged; and,
It is noted on all relevant division and bureau collections records that the artifact has been deaccessioned.

(b) If ownership is being given to another agency, institution, organization, or individual, the new owner:

Signs a Receipt for Deaccessioned Artifacts (HR2E290889), herein incorporated by reference; and,
Removes the artifact from the division’s premises.

(c) If the artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of division employees or other persons, recommendations of the Florida Department of Environmental Protection for handling, transporting, and disposing of the artifact are complied with.

(d) In the sale of deaccessioned artifacts, it is ensured that:

Deaccessioned artifacts are not offered for sale in any retail establishment operated by the division or where state-owned artifacts are on loan from the division; and,
Any income received from the sale of deaccessioned artifacts is deposited in the Museum of Florida History Trust Fund, pursuant to section 267.061(3)(m)5., F.S.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 3-28-90, Amended 5-11-92.

Fla. Admin. Code R. 1A-40.010 Forms and Instructions

The following forms are used in the implementation of this chapter and are herein incorporated by reference:

(1) Evaluation Log, HR2I360991, effective 5-11-92.

(2) Examination Receipt, HR2E230889, effective 5-11-92.

(3) Deed of Gift, HR2E240889, effective 5-11-92.

(4) Informant Depositor Agreement, HR5E140889, effective 5-11-92.

(5) Treasure Salvage Division Inventory, HR6E010889, effective 5-11-92.

(6) Missing Artifact Report, HR2E250889, effective 5-11-92.

(7) Facilities Report, HR2E260889, effective 5-11-92.

(8) Loan Agreement, HR2E270889, effective 5-11-92.

(9) Deaccession and Disposal Worksheet, HR2I280889, effective 5-11-92.

(10) Receipt for Deaccessioned Artifacts, HR2E290889, effective 5-11-92.

(11) Necessary forms may be obtained from: Bureau of Archaeological Research, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)487-2299; Bureau of Florida Folklife Programs, Post Office Box 265, White Springs, Florida 32096, (904)821-5480; Bureau of Historic Preservation, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)487-2333; and Museum of Florida History, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)488-1484.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 5-11-92.

Chapter 1A-43 HISTORICAL MUSEUMS GRANTS-IN-AID

Fla. Admin. Code R. 1A-43.001 Purpose

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Repealed 12-18-95.

Fla. Admin. Code R. 1A-43.002 Definitions

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Repealed 12-18-95.

Fla. Admin. Code R. 1A-43.003 Responsibility for Historical Museums Grants Program

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Repealed 12-18-95.

Fla. Admin. Code R. 1A-43.004 Program Information

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Repealed 12-18-95.

Fla. Admin. Code R. 1A-43.005 Funding Categories

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.007 Application Requirements

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, 4-3-97, 11-23-00, Transferred 1T-1.031.

Fla. Admin. Code R. 1A-43.008 Museum Grant Advisory Committee

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.009 Application Review

History

Rulemaking Authority 267.031 FS. Law Implemented 267.071, 267.072, 286.031 FS. History–New 3-28-90, Amended 5-11-92, 4-3-97, 11-23-00, Transferred to 1T-1.032.

Fla. Admin. Code R. 1A-43.010 Grant Award Agreement

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.011 Accounting Requirements

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.012 Retention of Accounting Records

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.013 General Audit Procedures

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.014 Revisions to Grant Assisted Projects

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.015 Termination

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Amended 5-11-92, Repealed 3-3-97.

Fla. Admin. Code R. 1A-43.016 Forms and Instructions

History

Rulemaking Authority 267.031 FS. Law Implemented 267.072 FS. History–New 3-28-90, Repealed 3-3-97.

Chapter 1A-44 PROCEDURES FOR REPORTING AND DETERMINING JURISDICTION OVER UNMARKED HUMAN BURIALS

Fla. Admin. Code R. 1A-44.001 Definitions

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061, 872.05 FS. History‒New 6-9-92, Repealed 2-27-97.

Fla. Admin. Code R. 1A-44.002 Scope

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061, 872.05 FS. History‒New 6-9-92, Repealed 2-27-97.

Fla. Admin. Code R. 1A-44.003 Procedures to be Followed When Unmarked Human Burials are Discovered During Archaeological Excavations Authorized by the Division or Conducted by an Archaeologist Employed by an Accredited Institution

(1) All activity that might disturb the burial beyond those investigations required to ascertain the age of the burial must cease pending authorization to continue from either the State Archaeologist or the District Medical Examiner, whomever has jurisdiction.

(2) The archaeologist in charge of the excavations shall immediately determine, as closely as possible, the age of the remains, i.e., how much time has passed since the remains were interred.

(3) If the archaeologist in charge of the excavations determines that the remains may be less than 75 years old, the archaeologist shall notify the District Medical Examiner within seven days.

(4) If the State Archaeologist is notified that the District Medical Examiner relinquishes jurisdiction over the burial, the State Archaeologist shall determine within 15 days in accordance with the criteria specified in Rule 1A-44.005, F.A.C., whether the division shall assume jurisdiction.

(5) If the archaeologist in charge of the investigations determines that the burial is greater than 75 years old, the archaeologist shall notify the State Archaeologist within seven days.

(6) Archaeological activities may resume after the State Archaeologist has been notified.

(7) In all cases, whether or not the District Medical Examiner assumes jurisdiction, the archaeologist conducting the excavations shall submit a report to the State Archaeologist within 15 days of the discovery of the burial that

(a) Describes the burial and any associated artifacts;

(b) Gives the archaeologist's opinion of the age and cultural affiliation of the burial;

(d) Recommends where the skeletal remains and any associated artifacts should be held pending final disposition.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061, 872.05 FS. History–New 6-9-92.

Fla. Admin. Code R. 1A-44.004 Procedures to be Followed When Unmarked Burials are Discovered Other Than During Archaeological Excavations Authorized by the Division or Conducted by an Archaeologist Employed by an Accredited Institution

(1) All activity that may disturb the burial shall cease immediately and may not resume until authorized by the District Medical Examiner or the State Archaeologist, whomever has jurisdiction.

(2) Within seven days, the individual in charge of the activity that led to the discovery shall notify the District Medical Examiner. While seven days are allowed for notification, activity that may disturb the burial shall cease immediately pending notification and authorization to proceed.

(3) If the State Archaeologist is notified that the District Medical Examiner relinquishes jurisdiction, the State Archaeologist shall determine within 15 days according to the criteria specified in Rule 1A-44.005, F.A.C., whether to assume jurisdiction.

(4) Nothing in this section shall be construed as requiring excavation of human skeletal remains unless excavation is required to prevent destruction of the remains.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061, 872.05 FS. History–New 6-9-92.

Fla. Admin. Code R. 1A-44.006 Ownership

(1) If the State Archaeologist finds that an unmarked human burial is historically, archaeologically, or scientifically significant and if the parties with whom he is required to consult agree in writing, the human skeletal remains and the associated burial artifacts shall belong to the state with title vested in the division.

(2) If title to an unmarked human burial is vested in the division, the division shall:

(a) Within 30 days notify in writing the owner of the property from which the burial was removed that the division has taken title.

(b) Ensure that if final disposition involves curation the human skeletal remains and associated burial artifacts are curated in a safe, proper, and respectful manner.

(d) If requested, loan reproductions or originals of associated burial artifacts for educational purposes to institutions that have demonstrated an ability to provide safe, proper, and respectful care.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(3), 267.061, 872.05 FS. History–New 6-9-92.

Fla. Admin. Code R. 1A-44.005 Criteria for Determining Whether the Division Assumes Jurisdiction and Duties of the State Archaeologist and Others When the Division Assumes Jurisdiction Over and Responsibility for an Unmarked Human Burial

(1) The decision of whether the Division shall assume jurisdiction shall be based on whether the remains may be expected to receive protection or respectful treatment in the absence of the division’s jurisdiction.

(2) The State Archaeologist shall determine whether the unmarked human burial is historically, archaeologically, or scientifically significant according to the following criteria:

(a) Whether the remains have archaeological integrity; or

(b) Whether the remains are sufficiently preserved to yield information upon examination by a skeletal analyst; or

(3) The State Archaeologist shall determine potential threats to the burial.

(4) The State Archaeologist shall arrange for protection of the burial from further disturbance in its original location or if protection in the original location cannot be provided, arrange for alternative treatment according to the following procedures:

(a) Remove the remains from their original location by means of excavation conducted in accordance with proper archaeological standards.

(b) When human remains are determined to be historically, archaeologically, or scientifically significant:

(i) Designate an archaeologist and a human skeletal analyst to examine and report on the remains;

(ii) Recommend that the division maintain jurisdiction over the remains until the decision regarding final disposition is implemented.

(5) Within one year of the date that the division assumes jurisdiction, the State Archaeologist shall consult with appropriate individuals regarding the proper disposition as set forth in section 872.05(6), F.S., including reburial when appropriate, of the remains.

(a) The State Archaeologist may consult with appropriate individuals by telephone, in person, or in writing for recommendations regarding the proper disposition of the remains.

(b) The State Archaeologist shall consider such recommendations in deciding on final disposition.

(c) The State Archaeologist’s decision on final disposition as advised by the committee shall be implemented within three years of the date of the decision.

(6) In the event that an unmarked human burial must be excavated because protection cannot be accomplished, the cost of excavation, analysis, and reporting are the responsibility of the party whose activities would disturb the remains if they were not excavated.

(7) The archaeologist conducting excavations of an unmarked human burial for which the division has assumed jurisdiction shall submit to the State Archaeologist:

(a) A preliminary report of findings as well as copies of all field records within one month of the conclusion of the field work; and

(b) A final report of findings as well as copies of any additional records resulting from the analysis and interpretation within two years of the conclusion of the field work.

(8) The division may take possession of human remains and associated burial artifacts for which it has assumed jurisdiction, if, in the opinion of the State Archaeologist, such possession is necessary for the protection of the remains and artifacts.

History

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061, 872.05 FS. History–New 6-9-92.

Chapter 1A-45 GUIDELINES FOR THE PUBLIC DISPLAY OF HUMAN SKELETAL REMAINS

Fla. Admin. Code R. 1A-45.001 Scope

History

Rulemaking Authority 872.05(8)(b) FS. Law Implemented 872.05(8)(b) FS. History‒New 6-9-92, Repealed 12-18-95.

Fla. Admin. Code R. 1A-45.002 Guidelines for the Public Display of Human Skeletal Remains

(1) The following guidelines are established to ensure that human skeletal remains are treated in a safe, proper, and respectful manner and that the opportunity to learn about human biology and the customs and manners of people by studying human remains is not restricted.

(a) The use of casts or other replicas of human skeletal remains in public displays and exhibits designed to provide information to the public about human biology and anatomy and about the customs of particular groups of people is encouraged.

(b) Any exhibit of burial artifacts or that shows burial customs or patterns shall be presented in a respectful and dignified manner.

(2) Treatment of Human Skeletal Remains. Institutions or individuals holding human skeletal materials within the contemplation of section 872.05(8)(b), F.S., shall:

(a) Provide safe, proper, and respectful care of those materials;

(b) Take steps to ensure that those remains are not damaged nor destroyed; and,

History

Rulemaking Authority 872.05(8)(b) FS. Law Implemented 872.05 FS. History–New 6-9-92, Amended 5-27-96, 5-3-15.

Fla. Admin. Code R. 1A-45.003 Treatment of Human Skeletal Remains

History

Rulemaking Authority 872.05(8)(b) FS. Law Implemented 872.05 FS. History‒New 6-9-92, Repealed 12-18-95.

Fla. Admin. Code R. 1A-45.004 Exemptions

History

Rulemaking Authority 872.05(8)(b) FS. Law Implemented 872.05 FS. History‒New 6-9-92, Repealed 12-18-95.

Chapter 1A-46 ARCHAEOLOGICAL AND HISTORICAL REPORT STANDARDS AND GUIDELINES

Fla. Admin. Code R. 1A-46.001 Standards and Guidelines for Reports

(1) Purpose. This rule specifies criteria by which the Division of Historical Resources (Division) will review reports of cultural resource activities on federally assisted, licensed or permitted projects; on projects on state owned or controlled property or state assisted, licensed, or permitted projects; and on local projects for which the Division has review authority.

(2) Definitions. The following words and terms shall have the meanings indicated:

(a) “Agency” or “Applicant” means any unit of federal, state, county, municipal or other local government; any corporation, partnership or other organization, public or private, whether or not for profit; or any individual or representative of any of the foregoing proposing undertakings.

(b) “Archaeological fieldwork” means actions undertaken for the purpose of recovering data about or from an archaeological site in order to evaluate and determine National Register eligibility; or to document through archaeological excavation the archaeological site prior to proposed alteration, damage or destruction.

(c) “Archaeological site” means the complex of associated physical remains and features contained in the ground that evidence past use or modification by people.

(d) “Area of potential effect” means the geographic area or areas within which an undertaking may directly or indirectly cause changes in character or use of historic resources, if any such properties exist.

(e) “Certified Local Government” means a local government that has been certified to meet Federal and State standards, as set forth in the “Florida Certified Local Government Guidelines” (Form HR3E03204-02) herein incorporated by reference, and can participate in the nationwide program of financial and technical assistance to preserve properties.

(f) “Completeness” means the inclusion in the report of archaeological and historical activities of all applicable sections of the prescribed content, but does not mean that said sections are sufficient in comprehensiveness of data or in quality of information provided.

(g) “Days” means calendar days.

(h) “Determination of eligibility” means the process of determining whether identified historical resources are deemed significant using the criteria for significance established by the National Park Service, U.S. Department of the Interior for the National Register of Historic Places.

(i) “Federal undertaking” means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out with federal assistance; those requiring a federal permit, license or approval; and those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency.

(j) “Florida Master Site File” or “FMSF” means the record of identified historical resources maintained by the Division.

(k) “Historical fieldwork” means actions undertaken for the purpose of recovering data about or from a building(s) or structure(s) to evaluate and determine eligibility; or to document using the Historic American Buildings Survey (HABS) or Historic American Engineering Record (HAER) standards and guidelines prior to proposed alteration or destruction.

(l) “Historical resource” means a building, structure, site, object or collection thereof (a prehistoric or historic district) which is generally at least fifty years old of historical, architectural, or archaeological value.

(m) “Historic context” means the organizational format that groups information about related historical resources based on theme, geographical limits and chronological period. A single historic context describes one or more aspects of the historic development of an area, considering history, architecture, archaeology, engineering and culture, and identifies significant patterns that individual historical resources represent. A set of historic contexts is a comprehensive summary of all aspects of the history of an area.

(n) “Local undertaking” means a project, activity or program subject to the provisions of a local ordinance or regulation for which the Division has review authority.

(o) “National Register” means the National Register of Historic Places, the list of historical resources significant in American history, architecture, archaeology, engineering and culture and authorized by the National Historic Preservation Act of 1966 as amended and administered by the U.S. Department of the Interior, National Park Service.

(p) “Principal Investigator” means the person or persons responsible for supervising archaeological fieldwork and historical fieldwork.

(q) “State undertaking” means a project, activity or program in which a state agency of the executive branch has direct or indirect jurisdiction; those in which a state agency provides financial assistance to a project or entity; and those in which a state agency is involved through the issuance of state permits or licenses.

(r) “Sufficiency” means determining whether the report meets the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (published in the Federal Register, Vol. 48, No. 190, pp. 44716-44740, September 29, 1983), herein incorporated by reference, with respect to identification, evaluation and documentation.

(3) Reports. Reports of the results of archaeological fieldwork and historical fieldwork activities shall include the topics in paragraphs (a)-(h), below, in sufficient detail for the Division to review for completeness and sufficiency. For projects of limited scope, topics that are not applicable may be omitted when a justification for this decision is provided. In addition, all reports shall be consistent with and meet the terms of the standards and guidelines for identification, evaluation and documentation contained in the “Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation,” herein incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-07212, and available at https://www.nps.gov/history/local-law/arch_stnds_0.htm. This section shall apply to federal, state and local undertakings. Principal investigators shall meet the minimum qualifications for archaeology, history, architecture, architectural history, or historic architecture contained in 36 C.F.R. 61 (“Procedures for Approved State and Local Historic Preservation Programs, Appendix A, Professional Qualifications Standards”), herein incorporated by reference, effective 10-98.

(a) General Description. The description of the project shall address the project location (including boundary map) and description; the purpose of project; the area of potential effect; and the pertinent federal, state or local laws and regulations.

(b) Archival Research. Archival research shall address past field surveys in the project area and the relevance of the major findings to the area currently under study; pertinent data in the Florida Master Site File; pertinent environmental and paleoenvironmental data; pertinent data in other studies appropriate for the research problem; pertinent historical data from records such as plat maps, tract books, subdivision maps, Sanborn maps, city directories, building permits and architectural plans; and pertinent information from informants, which shall include the Certified Local Government within whose boundaries the project lies. Research results shall be presented in a chronologically arranged narrative of the prehistory and history of the project area and of the significant historical events or developments (including important individuals and institutions) which are necessary to place sites and properties in historic contexts within the project area.

(c) Research Design. The description of the research design shall address the objectives; methods; expected results; and procedures to deal with unexpected discoveries including the discovery of human remains in accordance with section 872.05, F.S.

(d) Archaeological Fieldwork. The description of archaeological fieldwork activities shall address the types of sites encountered and evaluated; the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the location of all tests and excavations, including maps depicting testing locations and results, site components, integrity of sites and subareas within the sites; information on the location and appearance of features and artifacts, as well as the integrity and boundaries of sites and site components; information on any portions of the project area and any portions of identified sites which were not investigated and a statement explaining the reason why investigation did not occur; photographs of each site; photographs and illustrations representative of site subareas or features, or formal excavation units; identification of portions of the project area that were examined but that did not contain archaeological remains; special survey techniques; and information on changes in research design or methodology. Special survey techniques may be necessary to search for certain subsurface or underwater archaeological sites. The description of special survey techniques shall address the following topics: equipment, field methodologies, areas surveyed and not surveyed, a record of the nature and location of all potential historical resources identified and a description of any potential historical resources investigated by examination to determine their nature. Underwater archaeological surveys shall be conducted in accordance with the “Florida Division of Historical Resources Performance Standards for Submerged Remote Sensing Surveys” (Form HR6E06304-02), herein incorporated by reference.

(e) Historical Fieldwork. The description of historical fieldwork activities shall address the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the types of resources identified and evaluated; a list of all historical resources within the survey area, including the Florida Master Site File number, with all identified resources plotted on a U.S. Geological Survey (1:24,000) 7.5 minute series topographic quadrangle map; descriptions for all identified resources; photographs or illustrations representative of resources located in the project area; information on any portions of the project area which were not investigated and a statement explaining the reason why investigation did not occur; and an explanation about those portions of the project area that were examined but that did not contain historical, architectural, engineering or cultural resources.

(f) Archaeological Results and Conclusions. The description of the results and conclusions of the archaeological resource investigations shall address laboratory methods used to analyze artifacts and other site materials recovered during the archaeological investigations in the project area; the curation location of artifacts and project records; findings in relation to the stated objectives of the investigations; an assessment of site integrity; methods used to apply National Register criteria for a determination of eligibility and historic context as contained in 36 C.F.R. 60 (“National Register of Historic Places”), herein incorporated by reference; a discussion of completeness of project efforts and the need for any additional identification, evaluation or documentation efforts; conclusions and analysis of the findings, including a discussion on how the findings contribute to an understanding of the historic work or treatment of the site; and a bibliography of those sources utilized.

(g) Historical Results and Conclusions. The description of the results and conclusions of the historical, architectural, engineering or cultural resource investigations shall address findings in relation to the stated objectives; an assessment of the integrity of evaluated sites; methods used to apply National Register criteria for a determination of eligibility and historic context; a description of the constituent elements that constitute the complete property (e.g., outbuildings, landscape features, etc.) which is determined eligible for listing in the National Register; the National Register property boundaries depicted on a scaled site plan sketch; conclusions and analysis of the findings; a discussion of the manner in which the resources contribute to an understanding of local, regional, state, or national history and/or architectural history; recommendations regarding the treatment of the resource(s) including but not limited to preservation or avoidance, minimization or mitigation of potential impacts, or no action; a discussion of the scope and completeness of the project efforts and the need for any additional identification, evaluation or documentation efforts; the location of all curated project records and location of all project records (e.g. photographs, oral interviews, etc.); and a bibliography of those sources used.

(h) Florida Master Site File (FMSF) Requirements. Reports of archaeological fieldwork and historical fieldwork activities will be deemed incomplete if they do not contain FMSF survey log sheets for each report and site forms for each site identified, evaluated or documented. All archaeological fieldwork and historical fieldwork reports shall include the following, either as part of the report or as accompanying documents:

FMSF Survey Log Sheets (Form HR6E066R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06787, effective 05/2016), with project boundaries depicted on an attached original or photocopy portion of a U.S. Geological Survey (1:24,000) 7.5 minute series topographic quadrangle map.
FMSF archaeological site forms (Form HR6E045R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06781, effective 05/2016), as appropriate.
FMSF historical structure forms (Form HR6E046R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06784, effective 05/2016), as appropriate.
FMSF historical bridge forms (Form HR6E052R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06782, effective 05/2016), as appropriate.
FMSF historical cemetery forms (Form HR6E048R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06783, effective 05/2016), as appropriate.
Completed FMSF shipwreck forms (Form HR6E051R0705 http://www.flrules.org/Gateway/reference.asp?No=Ref-06786, effective 05/2016), as appropriate.
Completed FMSF resource group forms (Form HR6E057R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06785, effective 05/2016), as appropriate.
An original or photocopy portion of U.S. Geological Survey (1:24,000) 7.5 minute series topographic quadrangle maps for all identified sites showing site locations. These forms are herein incorporated by reference and are available by writing the Division at R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. These forms may also be obtained from the Division’s website at http://dos.myflorida.com/historical/preservation/master-site-file/documents-forms/.
All evaluations of the historic significance of historical and archaeological sites and properties shall be evaluated on the basis of the Criteria for Evaluation for the National Register of Historic Places, as adopted in 1966 and set forth in 36 CFR 60.4, http://www.flrules.org/Gateway/reference.asp?No=Ref-05735, herein incorporated by reference.

(4) Review Procedures. The following procedures shall be followed in the review of archaeological fieldwork and historical fieldwork reports:

(a) Reports and accompanying documentation shall be submitted to the Bureau of Historic Preservation at the Division.

(b) The Division shall notify the agency or applicant in writing within fifteen days of receipt of a review request, of any additional information required.

(c) Upon its determination that the report is complete, the Division shall complete its review of the report for sufficiency based on the criteria specified in subsection 1A-46.001(3), F.A.C., within thirty (30) days.

(d) The Division shall notify the agency or applicant of its decision as to whether the report meets the requirements of this rule with respect to completeness and sufficiency, and shall include a statement of the reason for determining a report to be incomplete or insufficient.

RulemakingAuthority 267.031(1) FS. Law Implemented 267.031, 267.061, 267.11, 267.12 FS. History–New 6-10-92, Amended 7-21-96, 8-21-02, 8-15-16.

Fla. Admin. Code R. 1A-46.002 Definitions

History

Rulemaking Authority 267.031(1), 267.061(3) FS. Law Implemented 267.061 FS. History–New 6-10-92, Repealed 1-4-96.

Fla. Admin. Code R. 1A-46.003 Criteria for Reports of Identification, Evaluation, and Documentation Activities

History

Rulemaking Authority 267.031(1), 267.061(3) FS. Law Implemented 267.061 FS. History–New 6-10-92, Repealed 1-4-96.

Fla. Admin. Code R. 1A-46.004 Criteria for Qualifications of Archaeologists

History

Rulemaking Authority 267.031(1), 267.061(3) FS. Law Implemented 267.061 FS. History–New 6-10-92, Repealed 1-4-96.

Fla. Admin. Code R. 1A-46.005 Report Review Procedures

History

Rulemaking Authority 267.031(1), 267.061(3) FS. Law Implemented 267.061 FS. History–New 6-10-92, Repealed 1-4-96.

Fla. Admin. Code R. 1A-46.007 Dispute Resolution

History

Rulemaking Authority 267.031(1), 267.061(3) FS. Law Implemented 267.061 FS. History–New 6-10-92, Repealed 1-4-96.

Fla. Admin. Code R. 1A-46.006 Technical Assistance

History

Rulemaking Authority 267.031(1), 267.061(3) FS. Law Implemented 267.061 FS. History–New 6-10-92, Repealed 1-4-96.

Chapter 1A-48 FLORIDA HISTORIC MARKER PROGRAM

Fla. Admin. Code R. 1A-48.001 Purpose

History

Rulemaking Authority 120.053, 267.061(3)(n) FS. Law Implemented 267.061(3)(n)4.a. FS. History‒New 4-18-95, Repealed 12-18-95.

Fla. Admin. Code R. 1A-48.002 Definitions

The following words and terms will have the following meanings in this chapter:

(1) “Division” means the Division of Historical Resources of the Department of State.

(2) “Council” means the State Historic Marker Council.

(3) “Official Florida Historic Markers” are markers awarded, approved or administered by the Division of Historical Resources.

(a) “Florida Heritage Landmark” markers are markers that recognize resources for a region of the state or statewide that are usually more than fifty years old and are of exceptional significance in the areas of architecture, archaeology and history where the properties largely and visibly retain the distinctive physical characteristics that were present during the historical period for which the property is being recognized.

(b) “Florida Heritage” markers are markers that identify people, events and places, including buildings, structures, objects and archaeological sites that do not meet the criteria for Florida Heritage Landmark designation but are still of local, regional or statewide historic significance relating to Florida history, culture and ethnic heritage.

(d) “Special Markers” are markers which the Division will establish to guide the public to places of historic or cultural interest and to facilitate the identification and interpretation of various topics, including at a minimum, historic and scenic trails, byways, greenways and anniversaries or other occasions of special significance to the history and culture of Florida.

(e) “Florida Heritage Plaques” are markers which recognize resources important because of their association with historic persons.

(4) “Resource” means real property or improvements to real property having a relatively fixed location that shall include, at a minimum, buildings, structures, objects, sites and districts.

(5) “Historic person” means a person whose activities were associated with and demonstrably contributed to, shaped or affected events important within a local, statewide or national historical context.

(6) “Historic event” means an action, activity, circumstance or any series or combination of the preceding, taking place at one or more periods of time, that have significantly affected the physical, cultural or ethnic development of a local area of the state, the state as a whole, or the nation.

History

Rulemaking Authority 267.074 FS. Law Implemented 267.0743, 267.0743 FS. History–New 4-18-95.

Fla. Admin. Code R. 1A-48.003 Responsibility for Florida Historic Marker Program

(1) The Division will be responsible for the administration of all aspects of the Florida Historic Marker Program, including the application process, selection and designation of properties, persons or events to be marked and the placement and maintenance of the markers.

(2) No Official Florida Historic Marker, or reasonable facsimile thereof, may be fabricated with any emblem, design or logo signifying any other organization. No other emblem, design or marker size may be used in addition to, or instead of, those offered by the Division.

(3) Markers are the property of the state and may not be used for commercial advertising or be copied for the use of any other agency, association, corporation or individual, except with written permission from the Division.

(4) The Division will erect and maintain markers indicating sites of historic significance on public property, as well as on private property where permission is obtained. Placement of a marker on private property does not prohibit any actions which may otherwise be taken by the property owner with respect to the property. Also, the Division, in cooperation with the Florida Department of Transportation, the Federal Highway Administration, and local governments will erect and maintain markers within road rights-of-way for the purpose of guiding the general public to historical resources that are marked with Florida Heritage Markers. The Division will erect and maintain markers within the right-of-way of any state highway.

History

Rulemaking Authority 267.074 FS. Law Implemented 267.0743, 267.0743 FS. History–New 4-18-95.

Fla. Admin. Code R. 1A-48.004 Program Information

History

Rulemaking Authority 120.053, 267.061(3)(n) FS. Law Implemented 267.061(3)(n) FS. History–New 4-18-95, Repealed 12-18-95.

Fla. Admin. Code R. 1A-48.005 Criteria for Florida Historic Markers

(1) The Division will determine if proposed resources meet the following criteria to qualify under the Florida Historic Marker program:

(a) To qualify for a Florida Heritage Marker, a resource must be at least thirty years old and must hold significance concerning historical events, developments or personalities within a locality of the state, a region of the state or the state as a whole; and,

(b) The resource must largely retain the architectural or archaeological integrity and other visible physical characteristics with which it was historically associated or otherwise convey its significance through interpretive or associative aids, such as commemorative structures, objects, implements and other devices that may be present at the site; and,

(d) A relocated structure or building will qualify for a Florida Heritage Marker if it retains physical features that were present during the historical period for which it is being recognized and if it meets the other requisite criteria set forth above in paragraphs (a), (b) and (c).

(e) An event that has affected or shaped local, regional or state history normally must have taken place at least thirty years ago to qualify for a Florida Heritage Marker; however, events of extraordinary regional or statewide significance that have taken place within the last thirty years will also qualify for a Florida Heritage Marker.

(f) No individual may be mentioned in a marker text until thirty years after the death of said person or thirty years after the significant event with which that person is associated, except in the case of a deceased person of extraordinary regional or statewide significance, or unless so designated by an act of the Florida Legislature. No persons may be named in the text of an Official State Historic Marker except those related to the historic significance of the resource.

(2) Florida Heritage Landmarks must meet the following additional criteria:

(a) Resources that are more than fifty years old and demonstrate outstanding significance in the areas of architecture, archaeology or history at the regional, state or national level shall be considered for a Florida Heritage Landmark marker. Sites that are less than fifty years old, but are of exceptional importance at the statewide and national level, shall also be considered for a Florida Heritage Landmark marker.

(b) A structure or building that has been moved from its original location shall not be eligible for Florida Heritage Landmark status, unless the relocation was made fifty or more years ago, either prior to or during the period in which said property attained its historical significance; however, buildings or structures moved in the period less than fifty years ago shall be considered eligible if it can be shown that the relocation was made necessary by the threat of condemnation or demolition and where all reasonable attempts have been made to ensure that the new setting of the resource is similar to the original historical setting.

(3) Resources which are important because of their association with historic persons will be considered for eligibility for a Florida Heritage Plaque under the following criteria:

(a) No individual may be mentioned in a plaque text until thirty years after the death of said person or thirty years after the event of significance, except in the case of a deceased person of state or national significance, or unless designated by an act of the Florida Legislature.

(b) The historic activities of said person must be demonstrably important to a locality of the state, region of the state, the state as a whole or the nation.

(c) In general, the plaque should be attached to the building, structure or other resource historically associated with said person, must be conspicuously displayed, easily accessible to and legible by the general public. If, however, attachment of a plaque to a building, structure or other resource will damage the integrity of the resource, then some other means of displaying the plaque in close proximity to the resource will be used.

History

Rulemaking Authority 267.074 FS. Law Implemented 267.0743, 267.0743 FS. History–New 4-18-95.

Fla. Admin. Code R. 1A-48.006 Application Requirements

(1) Applications for Official Florida Historic Markers may be initiated by departments or agencies of the state government; units of county, municipal or other local governments; corporations, partnerships or other entities, whether public or private or whether for-profit or not-for-profit; or by any individual.

(2) Applications for Official Florida Historic Markers must be made on Form No. HR3E171294, Florida Historic Marker Application, (effective 4-18-95) herein incorporated by reference and available upon request from the Florida Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

(3) All materials submitted by applicants for Official Florida Historic Markers become the property of the Department of State.

(4) The Division reserves the right to request clarification of any application. Such request will be made by letter or by telephone call, confirmed by letter within 30 days of receipt of the application by the Division and will indicate the date when clarification is needed.

(5) Applications for Official Florida Historic Markers will be accepted at any time by the Division. The State Historic Marker Council will review applications at least once each calendar quarter. Applications must be received at least seven days in advance of a meeting or telephone conference of the Council.

(6) Submission of an application does not guarantee that a resource, person or event will be recognized by a Florida Historic Marker.

(7) Permission of the owner to place an Official Florida Historic Marker on property of the owner must be secured prior to the final approval of the application.

(8) The applicant must substantiate all historic claims.

(a) If the topic or subject purports to be unique (one of a kind, largest, first, etc.) the submission must include documentation from a recognized independent and authoritative source that validates the claim.

(b) If oral histories are used in the documentation for a marker topic, the application will indicate the medium by which the information was recorded, such as audio tape, video tape or written transcript, and whether or not the recorded information is available for public inspection and use; will provide the name of each interviewer and interviewee; will include the date, place and subject of each interview; and will indicate the location where the recorded data are kept or stored.

History

Rulemaking Authority 267.074 FS. Law Implemented 267.0743, 267.0743 FS. History–New 4-18-95.

Fla. Admin. Code R. 1A-48.007 Application Review

(1) Upon the receipt of a Florida Historic Marker Application, the Division shall review the application to determine whether the form is complete and accompanied with all necessary documentation. The Division shall make a preliminary determination as to whether the resource for which the application was made meets the criteria of the Florida Historic Marker Program under the level of significance indicated on the application form. The applicant will be informed of any deficiencies in the application.

(2) Each application shall be stamped with the date it was received by the Division, assigned a file identification number and placed in a file folder, which will henceforth contain copies of all correspondence and other documentation related to the marker application.

(3) A computer database log file for all Florida Historic Marker applications will be maintained by the Division in order to more efficiently manage and track marker activities and actions. Each log file will contain the file identification number and other data entered on the Florida Heritage Marker Application form and will indicate the result of any action by the State Historic Marker Council. A printed copy of the log will be made quarterly.

(4) A copy of each complete Florida Historic Marker Application and all relevant supporting documentation will be sent by regular mail to each member of the State Historic Marker Council. In the event of an emergency meeting or telephone conference where there is not sufficient time for Council members to receive applications by mail, applications may be sent to each member by facsimile (fax) machine.

(5) The Council shall evaluate each application for a Florida Historic Marker based on the following criteria:

(a) Level of significance;

(b) Integrity of the property;

(6) Council members will provide the Division with written comments on the eligibility of a resource to receive a Florida Historic Marker within 30 days of receipt of a marker application in lieu of a formal meeting of the Council. Such written comments should follow any telephone correspondence or conference within seven days.

(7) Applicants for markers shall be notified by the Division of the Council action by regular mail within fourteen days of said action.

(8) The creation and placement of markers shall be funded in accordance with section 267.061(3)(n)10., F.S.

History

Rulemaking Authority 267.074 FS. Law Implemented 267.0743, 267.0743 FS. History–New 4-18-95.

Fla. Admin. Code R. 1A-48.008 State Historic Marker Council

History

Rulemaking Authority 120.053, 267.061(3) FS. Law Implemented 267.061(3)(n)7. FS. History–New 4-18-95, Repealed 12-18-95.

Fla. Admin. Code R. 1A-48.009 Withdrawal of Designation; Disposition of Markers

(1) The Division shall withdraw the marker designation and repossess any marker if it is determined by the Division that a site has lost its historical significance, integrity or public access.

(2) A marker placed to recognize any resource will remain with that resource and may not be removed or displayed elsewhere, except with written permission from the Division. In the event of transfer of ownership of the property on which a marker has been placed, the new owner must give permission for a marker to remain on the property. If a resource is destroyed or substantially altered, so that it loses the characteristics which qualified it for marking initially, the marker shall be returned to the Division. If at any time, an owner of a property where a marker is placed does not desire to retain the marker, the marker shall be returned to the Division.

(3) The Division shall withdraw the marker designation and repossess a marker if it is subject to regular or frequent vandalism, damage or destruction, so as to constitute an unusual maintenance problem or public hazard.

(4) When replacement of a marker becomes necessary because it has been damaged or stolen, or because it contains factual errors, the new marker will meet the criteria in effect at the time of the replacement.

(5) Properties marked with Official Florida Historic Markers prior to the effective date of this rule are considered eligible for designation and are not required to reapply for designation in the event of damage to the marker. Replacement markers, however, will meet design specification for Florida Historic Markers in effect at the time of replacement. Applicants for replacement markers must bear the costs of the markers or may be eligible for competitive grants.

History

Rulemaking Authority 267.074 FS. Law Implemented 267.0743, 267.0743 FS. History–New 4-18-95.

Chapter 1A-49 MUSEUM OF FLORIDA HISTORY

Fla. Admin. Code R. 1A-49.001 Definitions

The following words and terms are used in reference to the management of permanent historical collections of the Museum of Florida History and shall have the following meanings:

(1) “Accession” means the process of formally adding a newly-acquired artifact to the permanent historical collections records and assigning it a unique number.

(2) “Acquire” means the process of agreeing to accept an artifact for the permanent historical collections of the museum and taking possession of the artifact by any lawful method, including but not limited to donation, bequest, purchase, transfer from another agency, staff field collection, or exchange.

(3) “Artifact” means an object or group of objects of intrinsic historical value relating to the history, government, or culture of the state of Florida.

(4) “Deaccession” means the process of formally removing a state-owned artifact from the permanent historical collections records.

(5) “Disposal” means the process of permanently removing a state-owned artifact from the permanent historical collections by one of the following means:

(a) Transferring title to another agency, institution, organization, or other entity, and moving the artifact to the premises of that agency, institution, organization, or other entity; or

(b) Properly discarding or destroying the artifact, if it has deteriorated or has been damaged beyond usefulness or repair.

(6) “Hazardous” means any material that is regulated by the Florida Department of Environmental Protection.

(7) “Museum” means the Museum of Florida History.

(8) “State-owned artifact” means an artifact in the permanent historical collections of the museum that is owned by the State, with title vested in the division.

(9) “Division” means the Division of Historical Resources.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.003, 1T-12.001.

Fla. Admin. Code R. 1A-49.002 Acquisition Procedures

(1) The Division of Historical Resources (division) delegates responsibility for management of permanent historical collections to the Museum of Florida History (museum). The museum’s policies for the management of historical collections are built upon the accreditation requirements of the American Alliance of Museums (AAM), the organization responsible for the accreditation of museums throughout the United States. When contacted by a prospective donor or vendor, the museum determines in accordance with subsection 1A-49.002(2), F.A.C., whether the offered artifact falls within museum’s responsibility or is the responsibility of another agency, institution, or organization. If the artifact is more appropriate for the collections administered by another agency, institution, or organization, the prospective donor or vendor is referred to that agency, institution, or organization.

(2) The museum evaluates artifacts and determines whether they should be accepted into the permanent historical collections.

(a) When the museum accepts custody of an artifact from a prospective donor or vendor, an Examination Receipt is completed by museum staff. Examination Receipt FAC (Form DHRMFH150), effective 9/2012, hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01585.

(b) Evaluation of artifacts is based on the following criteria:

All acquisitions must have intrinsic historical value relating to the history, government, or culture of the state of Florida; and,
All acquisitions must possess potential for research or be useful for exhibition or interpretive purposes.
In addition to these general criteria, the following factors shall be considered when evaluating artifacts:

a. Whether the artifacts have been carefully examined and evaluated by a museum staff member who is knowledgeable about them;

b. Whether the artifacts have legitimate and clear provenance;

c. Whether the current owner of the artifacts has clear title to them and is free to convey them to the museum;

d. Whether the museum can provide proper storage, protection, and preservation for the artifacts, to ensure their availability for museum and division purposes; and,

e. The artifacts’ copyright status.

(3) When evaluation is completed, the museum makes a decision whether to acquire the artifact and accept it into the permanent historical collections.

(a) In the case of artifacts that the museum determines will have a significant impact on the public or may cause public controversy, the approval of the division director is required.

(b) The prospective donor or vendor is notified of the decision.

(4) If the museum decides to acquire an artifact, acquisition is accomplished by one of the following methods.

(a) If the artifact is acquired by donation, a Deed of Gift is completed by museum staff and signed by the donor or donors. The Deed of Gift FAC (Form DHRMFH151), effective 9/2012, is hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01586;

(b) If the artifact is acquired by purchase, a receipt of purchase is secured;

(c) If the artifact is transferred to the museum from another agency, institution, or organization appropriate documentation by acknowledgement and receipt is obtained.

(5) If the museum decides not to acquire an artifact for its permanent collections, the artifact, if it is in the museum’s custody, is returned to the prospective donor or vendor, or is disposed of as noted on the Examination Receipt.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.005, 1T-12.002.

Fla. Admin. Code R. 1A-49.003 Accessioning Procedures

(1) When the Museum of Florida History acquires a historical artifact, a designated staff member accessions it into the permanent historical collections. The acquired artifact is assigned a unique accession number and listed in an accessions register. The artifact is moved into the museum’s collections storage area.

(2) The accession number assigned to an acquired artifact consists of three elements:

(a) Year of acquisition.

(b) A museum identifier letter. The museum is designated as “M” in the accession number.

(c) Group Number. The group number refers to the museum’s acquisition of a specific group of artifacts from a single source on a specific date.

(3) Additional subordinate numbers may be assigned, following the accession number, to further identify artifacts within groups. (Example: In the number “99M.5.3,” “99” refers to the year 1999, “M” to the Museum of Florida History, “5” to the fifth group of objects acquired during that calendar year, and “3” to the third discrete artifact in a group of several artifacts.).

(4) The museum shall maintain electronic databases and files of paper records of the permanent historical collections to document accessioned artifacts.

(a) The electronic databases contain the following information about each state-owned artifact:

Accession number;
Date of acquisition;
Method of acquisition;
A brief description of the artifact;
Name of the source of acquisition;
Storage location; and,
Catalog information concerning the artifact including, but not limited to, subject headings, information about associations with persons, places, and historical topics, information about the artifact’s condition; and information about the materials and techniques of manufacture.

(b) Paper records contain the following information concerning state-owned artifacts:

An accessions register that documents the date of accession, the source of the artifact, the method of acquisition, and a short description of the artifact; and,
The following distinct files:

a. Reference cards, filed by source name, that duplicate the information listed in the accessions register;

b. Reference information about the artifact, filed by accession number, including transfers of title and related documents, research material related to the artifact, and information about the artifact’s condition and provenance;

c. Object cards and worksheets that describe the artifact and its location in detail;

d. Photographic records of artifacts;

e. A separate file containing completed copies of the Deaccession Worksheet FAC (Form DHRMFH154), effective 9/2012, and the Deaccession Receipt FAC (Form DHRMFH152), effective 9/2012. Both forms are hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01590 and http://www.flrules.org/Gateway/reference.asp?No=Ref-01588; and,

f. Records of previous inventories.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.006, 1T-12.003.

Fla. Admin. Code R. 1A-49.004 Inventory of State-owned Artifacts

(1) The Museum of Florida History (museum) conducts an annual inventory of artifacts in its permanent historical collections beginning July 1, or as soon thereafter as practicable, and completes the inventory not later than August 31, according to the following procedures:

(a) A complete inventory is taken of all state-owned artifacts valued at $1,000 or more. Using a printout of information from an electronic database, a designated staff member looks for each item listed on the inventory, and records whether the item is present, updating its location as necessary. If inventory information is maintained manually, rather than in an electronic database (i.e., on object cards and worksheets), the staff member uses these paper records to conduct the inventory.

(b) An inventory is taken, by a simple random sample, of one per cent (1%) of all accessioned artifacts valued at less than $1,000. Using a printout of information from an electronic database, the designated staff member looks for each randomly-selected item listed on the inventory, and records whether the item is present, updating its location as necessary. If inventory information is maintained manually (i.e., on object cards and worksheets), rather than in an electronic database, the staff member uses these paper records to conduct the inventory.

(2) If a state-owned artifact is not found during the inventory, all relevant collections records are checked to determine if the artifact has been removed from the location given on the inventory for a particular purpose.

(3) If the state-owned artifact cannot be located after collections records are checked, the division director is informed, and the Florida Department of Law Enforcement (FDLE) is notified if the value exceeds $1,000. To accomplish this, the museum completes a Missing Artifact FAC (Form DHRMFH153), effective 9/2012, hereby incorporated by reference, and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01587.

The Florida Department of Law Enforcement also is asked to conduct an investigation or take other appropriate steps to determine the whereabouts of the missing state-owned artifact and recover it.

(4) The fact that the state-owned artifact is missing is noted on all museum collections records.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.007, 1T-12.004.

Fla. Admin. Code R. 1A-49.005 Loan of State-owned Artifacts

(1) The Museum of Florida History may make loans of state-owned historical artifacts for scholarly or educational purposes or to assist in carrying out its responsibility to ensure proper curation of state-owned artifacts.

(2) While the museum makes loans primarily to not-for-profit agencies, institutions, and organizations, a loan occasionally may be made to a for-profit agency, institution, or organization when the loan’s purpose is consistent with the purposes set out in subsection 1A-49.005(1), F.A.C. The museum does not loan state-owned artifacts:

(a) For decorative or personal use.

(b) To any agency, institution, or organization that is or has been under criminal investigation, unless the agency, institution, or organization has been cleared of any wrongdoing.

(3) Whether a loan is initiated by the museum or is requested by another agency, institution, or organization, a written request is submitted to the museum at least two months prior to the anticipated date for the requested artifacts to leave the museum’s premises. This request includes the following information:

(a) A list of the state-owned artifacts requested for loan;

(b) A statement of the proposed loan’s purpose, including, if applicable, the title of the exhibition in which state-owned artifacts will be displayed;

(d) The manner in which loaned state-owned artifacts will be presented in an exhibition and the estimated size and composition of the exhibition’s audience; and,

(e) A copy of the agency, institution, or organization’s facilities report.

(4) Upon receipt of a written request and the organization’s facilities report, the museum evaluates the request.

(a) To be approved, a loan must serve one of the following purposes and satisfy the criteria in paragraph (4)(b):

To provide state-owned artifacts relating to interpretive exhibits and other educational programs which promote knowledge and appreciation of Florida history and culture, and the programs of the museum; or
To assist the museum in carrying out its responsibility to ensure proper curation of state-owned artifacts.

(b) The following criteria are considered when evaluating loan requests, to determine that the loan will produce a substantial public benefit and that loaned state-owned artifacts will be properly protected and preserved:

The care, security, and insurance to be provided by the borrowing agency, institution, or organization. No loans of state-owned artifacts are made without adequate insurance coverage for these artifacts. Information is obtained about the amount of fine arts or liability insurance coverage needed for the requested loan, based on its appraised value. The appraisal is obtained by one of the following methods:

a. Determination by a museum staff member;

b. Consultation of collections records; or

c. Determination by a hired consultant. The cost of this type of appraisal shall be paid for as agreed between the parties.

Any anticipated use by the museum itself of the requested artifact;
The condition, rarity, and value of the requested artifact;
The duration of the loan, all loans being made for a specified period of time only;
The feasibility of preparing the loan within the time requested;
The size and composition of the anticipated audience, if this information is appropriate to the purpose of the loan; and,
The context in which the requested artifact will be exhibited and how this would reflect on the museum, division, and the State of Florida.

(5) Based on the criteria set out in subsection 1A-49.005(4), F.A.C., the museum decides whether to approve the loan request and notifies the requesting agency, institution, or organization in writing of the decision. To complete the loan process:

(a) Collections records are verified to ensure that they are current, and that they contain a photograph or photocopy of the artifact;

(b) A Outgoing Loan Form FAC (Form DHRMFH155), effective 9/2012, hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01589 is completed by museum staff and and signed and returned by the borrowing agency, institution, or organization;

(c) A commitment is obtained for insurance of loaned state-owned artifacts in an amount determined by museum staff members or by outside appraisal. For loans of state-owned artifacts whose combined value is over $500, proof of insurance is obtained. Proof of insurance must be received by the museum before state-owned artifacts leave the museum’s custody; and,

(d) The artifact is prepared for delivery to the borrower and arrangements are made for transportation.

(6) The museum may seek to recover costs associated with loans, including costs for materials, staff time, and shipping or transportation, and such costs may be charged to the borrowing agency, institution, or organization. These charges are negotiated prior to approving a loan, and moneys collected are deposited in the division’s Grants and Donations Trust Fund. Any income received from the loan of state-owned artifacts is used to defray costs associated with the loan, or assist in the curation or maintenance of state-owned artifacts.

(7) A written request to renew a loan must be received at least one month prior to the end of the existing loan agreement. Procedures described in subsections 1A-49.005(5)-(7), F.A.C., are followed to evaluate each request for renewal and to complete the loan process.

(8) Every loan, including those considered to be long-term, must be reviewed annually. If any of the loan conditions are violated, and if the museum determines that such violations are detrimental to the security or preservation of the artifacts, the museum shall terminate the loan agreement.

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.008, 1T-12.005.

Fla. Admin. Code R. 1A-49.006 Deaccession and Disposal of State-owned Artifacts

Decisions to remove a state-owned artifact from the Museum of Florida History’s permanent collections by deaccession and disposal are made in the best interests of the public and the artifact. The museum initiates recommendations for state-owned artifacts that should be deaccessioned and the method of disposition. A Deaccession Worksheet FAC (Form DHRMFH154), effective 9/2012, hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01590 is completed to document the deaccession and disposal process. The museum’s policies and procedures for deaccession and disposal are in keeping with the accreditation requirements of the American Alliance of Museums.

(1) The criteria listed below are used to determine whether a state-owned artifact may be deaccessioned and disposed of:

(a) Deaccessioning and disposing of a state-owned artifact may be recommended only if:

The artifact is not relevant and useful to the functions and activities of the museum;
The artifact cannot be properly stored, preserved, or interpreted by the museum; and,
The artifact has been in the museum’s permanent collections for at least one year (hazardous or actively decomposing materials excepted).

(b) Circumstances under which the museum may recommend the deaccession and disposal of a state-owned artifact include, but are not limited to, instances in which an artifact:

Has no further use or value for the research, exhibit, or interpretive programs of the museum;
Will receive appropriate interpretation, maintenance, or preservation by another agency, institution, or organization;
Has deteriorated or been damaged beyond usefulness or repair;
Is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of employees or other persons.

(c) Before a recommendation on deaccession and disposal is made, a determination is made as to whether the museum is free to deaccession and dispose of a state-owned artifact by verifying that the State of Florida legally owns the artifact, and that the division is not prohibited from deaccessioning and disposing of the artifact by a legal condition of ownership. Where any such restriction of ownership applies:

An opinion is sought from the Florida Department of State General Counsel regarding the intent and force of any restrictions; and,
A deaccessioned artifact to which precatory restrictions apply is not disposed of until reasonable efforts have been made to comply with the restrictions.

(2) If the division is free to deaccession and dispose of a state-owned artifact, the museum determines an appropriate method of disposal.

(a) The museum ensures that:

Preference shall be given to retaining within Florida those materials that are part of the state’s historical heritage; and,
Ownership shall not be given to any employee of the State of Florida, or board, council, or committee member, or to a spouse or relative of an employee or board, council, or committee member, unless that person was the original donor of the artifact.

(b) The appropriate method of disposal is chosen from among the following:

If a state-owned artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of employees or other persons, the Florida Department of Environmental Protection shall be contacted to determine appropriate procedures for handling, transporting, and disposing of the artifact.
If a state-owned artifact has deteriorated or been damaged beyond usefulness or repair, it may be properly discarded or destroyed.
When determining the appropriate method of disposal, every reasonable effort shall be made to ensure that ownership of the artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization. To accomplish this end, the following options may be investigated:

a. Donating the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

c. Selling the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

d. Transferring the deaccessioned artifact to the museum's non-permanent education collection to be used for research or in interpretive exhibits or other educational programs which promote knowledge and appreciation of Florida history and culture.

e. Only after all reasonable efforts have been made to ensure that ownership of a deaccessioned artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization may the following alternatives be investigated for disposing of the artifact:

All reasonable efforts are made to locate the original donor and offer the deaccessioned artifact to him or her;
If the original donor cannot be located, or does not wish to have custody of the deaccessioned artifact, the artifact may be donated to, sold to, or exchanged with a private, for-profit organization, or not-for-profit organization, other than one of the types of not-for-profit entities named in subsection 1A-49.006(2), F.A.C., or the artifact may be disposed of by any other legal means.

(c) The method of disposal chosen shall be consistent with the principles described in subsection 1A-49.006(1), F.A.C., and the reason or reasons for choosing a method shall be documented in writing by the museum.

(3) After determining an appropriate method of disposal, the museum seeks final approval from the division director for deaccessioning and disposing of a state-owned artifact. If approval is received, the museum carries out deaccession and disposal in the manner recommended.

(a) The following steps are taken to complete the process:

A staff member ensures that collections records contain the following;

a. A photograph or photocopy of the artifact;

b. A physical description of the artifact; and,

c. Information about the provenance of the artifact, if available.

The museum’s accession number is removed from the artifact unless, by doing so, the integrity of the artifact would be damaged; and,
Deaccession of the artifact is noted on all relevant division and museum collections records.

(b) If ownership is being given to another agency, institution, or organization, the new owner:

Signs a Deaccession Receipt FAC (Form DHRMFH152), effective 9/2012, hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01588; and,
Removes the artifact from the museum’s premises.

(c) If the artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of employees or other persons, recommendations of the Florida Department of Environmental Protection for handling, transporting, and disposing of the artifact are complied with.

(d) In the sale of deaccessioned artifacts, the museum ensures that:

Deaccessioned artifacts are not offered for sale in any retail establishment operated by the Department of State or where state-owned artifacts are on loan from the department; and,
Any income received from the sale of deaccessioned artifacts is deposited in the division’s Historical Resources Operating Trust Fund, pursuant to section 267.115(5), F.S. Such funds remain permanently restricted and used only as allowed by section 267.115(5), F.S., and by the accreditation requirements of the American Association of Museums (AAM).

History

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.021, 267.17, 267.071, 267.061, 267.115 FS. History–New 9-17-12, Formerly 1A-40.009, 1T-12.006.

Division 1B Division of Library and Information Services

Chapter 1B-2 LIBRARY ADMINISTRATION

Fla. Admin. Code R. 1B-2.001 Central Administration of Library Unit

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.002 Qualifications of Head Librarian

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15 FS. History–New 10-7-68, Amended 10-20-72, 1-1-75, Formerly 1B-2.02, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.003 Library Service Free

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 1-1-75, Amended 8-30-78, Formerly 1B-2.03, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.004 Access to Books and Services

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15 FS. History–New 10-7-68, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.04, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.005 Minimum Hours of Service

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15 FS. History–New 10-7-68, Repromulgated 1-1-75, Formerly 1B-2.05, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.006 Control of Library Materials

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15 FS. History–New 10-7-68, Repromulgated 1-1-75, Formerly 1B-2.06, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.007 Attendance of Professional Workshops and Meetings

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15 FS. History–New 10-18-70, Repromulgated 1-1-75, Formerly 1B-2.07, Repealed 8-30-78.

Fla. Admin. Code R. 1B-2.008 Regular Meetings of Local Library Board

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15 FS. History–New 10-7-68, Repromulgated 1-1-75, Formerly 1B-2.08, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.009 Annual Audits

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15, 257.16, 257.23 FS. History–New 10-7-68, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.09, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.010 Filing Reports, Contracts, etc

History

Rulemaking Authority 257.14 FS. Law Implemented 257.15 FS. History–New 10-7-68, Amended 10-18-70, 1-1-75, Formerly 1B-2.10, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.011 Library Grant Programs

(1) This rule provides procedures for library grant programs administered by the Division of Library and Information Services (Division). Each program shall be governed by guidelines which contain information on eligibility requirements, application review procedures, evaluation and funding criteria, grant administration procedures, if applicable, and application forms. All grant awards shall be subject to final approval by the Secretary of State.

(2) Applicants for grants shall meet the eligibility and application requirements as set forth in the following guidelines for each grant program:

(a) State Aid to Libraries Grant Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-18527, effective 09-2025, which contain guidelines and instructions; Certification of Credentials – Single Library Administrative Head (Form DLIS/SA01), http://www.flrules.org/Gateway/reference.asp?No=Ref-18529, effective 09-2025; Grant Agreement (Form DLIS/SA02), effective 12-2024; Annual Statistical Report Form for Public Libraries (Form DLIS/SA03), http://www.flrules.org/Gateway/reference.asp?No=Ref-18530, effective 09-2025; Certification of Hours, Free Library Service and Access to Materials (Form DLIS/SA04), http://www.flrules.org/Gateway/reference.asp?No=Ref-18532, effective 09-2025.

(b) Public Library Construction Grants Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-18533, effective 09-2025, which contains guidelines and instructions; and Public Library Construction Grant Agreement (Form DLIS/PLC01), http://www.flrules.org/Gateway/reference.asp?No=Ref-18535, effective 09-2025.

(c) Library Cooperative Grant Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-18538, effective 09-2025, which contains guidelines, instructions, and the Annual Statistical Report Form for Multitype Library Cooperatives (Form DLIS/LCG01), effective 09-2025; Grant Agreement (Form DLIS/LCG02), http://www.flrules.org/Gateway/reference.asp?No=Ref-18541, effective 09-2025; and the Florida Library Information Network Manual http://www.flrules.org/Gateway/reference.asp?No=Ref-18542, effective 09-2025.

(d) The Library Services and Technology Act Grant Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-18543, effective 09-2025, which contains guidelines and instructions, Library Services and Technology Act Grant Agreement (Form DLIS/LSTA01), http://www.flrules.org/Gateway/reference.asp?No=Ref-18544, effective 09-2025, MLS Certification (Form DLIS/LSTA02), http://www.flrules.org/Gateway/reference.asp?No=Ref-18545, effective 09-2025, and Certification Regarding Trafficking in Persons (Form DLIS/LSTA03), http://www.flrules.org/Gateway/reference.asp?No=Ref-18546, effective 09-2025.

(3) Guidelines and forms in this rule are incorporated by reference and may be obtained from the Director of the Division, Florida Department of State, Division of Library and Information Services, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

(4) The Division of Library and Information Services will waive the financial matching requirements on grants for rural communities that have been designated in accordance with Sections 288.0656 and 288.06561, F.S. Eligible communities applying for Library Services and Technology Act grants and Library Construction grants must request waiver of matching requirements at the time of grant application.

History

Rulemaking Authority 257.14, 257.191, 257.192, 257.24, 257.41(2) FS. Law Implemented 257.12, 257.15, 257.16, 257.17, 257.171, 257.172, 257.18, 257.191, 257.192, 257.195, 257.21, 257.22, 257.23, 257.24, 257.25, 257.40, 257.41, 257.42 FS. History–New 1-25-93, Amended 7-17-96, 4-1-98, 2-14-99, 4-4-00, 12-18-00, 11-20-01, 3-20-02, 1-9-03, 12-28-03, 11-16-04, 2-21-06, 2-21-07, 1-24-08, 4-1-10, 4-21-10, 4-10-12, 12-25-13, 7-8-14, 4-7-15, 7-12-16, 7-6-17, 4-30-18, 11-19-18, 7-1-19, 3-17-20, 2-27-22, 5-4-23, 12-22-24, 9-10-25.

Fla. Admin. Code R. 1B-2.012 Definitions

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.013 Eligibility for State Aid to Libraries

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.014 State Aid to Libraries Grants

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.015 Application Submission Procedures

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.016 Application Review

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.017 Criteria for the Evaluation of Applications

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.018 Grant Award and Administration

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.019 Allowable Use of Grant Funds

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.020 Annual Audits and Reports

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Fla. Admin. Code R. 1B-2.021 Implementation

History

Rulemaking Authority 257.14 FS. Law Implemented 257.13, 257.15 FS. History–New 10-7-68, Amended 10-18-70, 4-17-72, Repromulgated 1-1-75, Amended 8-30-78, Formerly 1B-2.01, Repealed 1-25-93.

Chapter 1B-6 STATE DOCUMENTS DEPOSITORY PROGRAM

Fla. Admin. Code R. 1B-6.001 Definitions

As used in this chapter, the following words and terms shall mean:

(1) “State publication” means a publication, either in print or electronically, under the authority of or at the total or partial expense of a state official, state department, state board, state court, or state agency, or that is required to be publicly distributed pursuant to state law. The term includes a publication containing information about the state and its government that is culturally and historically significant to researchers and the general public. The term does not include a publication that is created only for internal use of a state official, state department, state board, state court, or state agency.

(2) “Agency” means any official, officer, commission, board, authority, council, committee, department, or entity of state government.

(3) “Depository library” means those libraries designated in accordance with Section 257.05(3)(a), F.S.

(4) “Division” means the Division of Library and Information Services of the Department of State.

(5) “Publicly supported library” means that the library unit, agency, organization, or institution is under the administrative supervision or control of a government.

History

Rulemaking Authority 257.14 FS. Law Implemented 257.04, 257.05, 257.05(3) FS. History–New 5-1-89, Amended 10-9-96, 1-25-16.

Fla. Admin. Code R. 1B-6.0012 Designation, Responsibilities, and Termination of Depository Status of Depository Libraries

(1) Designation Procedure.

(a) Public and academic libraries in Florida are eligible to apply for designation as depository libraries for state documents. Upon request from the administrator of the library, the Division shall provide Form LIS3E139 R3-15 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06223), “Application and Agreement for Designation as a Depository for State Publications,” effective 12/2015, shall be provided by the Division. Form LIS3E139 R3-15 may be obtained from the Division of Library and Information Services, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, and is incorporated herein by reference.

(b) The completed application form must be signed by the administrator of the requesting library and submitted to the Division director.

(c) If the application is approved, the signed application will be permanently filed as the official agreement between the designated library and the Division to maintain and service state documents.

(2) Designation Review.

(a) All applications received by the Division will be evaluated based upon the criteria set forth below, and the Division director shall notify the applicant of the approval or rejection of the application.

(b) In the case that an application is rejected, the applicant may appeal the decision to the State Library Council.

(c) The State Library Council shall review the rejected application and shall submit its recommendation to the Secretary of State.

(d) The Secretary of State shall make the final decision on all rejected application appeals.

(3) Criteria for Designation Evaluation.

(a) The Division director shall evaluate each application based upon the presence and proximity of other depository libraries in the same geographical area; the size, space, and staff available to properly maintain and service the collection; and the geographical distribution of the population to be served.

(b) Priority will be given to publicly supported libraries.

(c) It shall be the goal of the Division to designate at least one depository library in each comprehensive planning district, as specified by the Executive Office of the Governor, pursuant to Section 186.006, F.S., and thereafter to designate one depository library for each 250,000 people within the planning district. When the population of a comprehensive planning district reaches 1,000,000, one designation will be considered for each 500,000 people above 1,000,000.

(d) The Division director shall make every effort to designate a new depository library upon the occurrence of a vacancy. Consideration will first be given to libraries in the same geographical area in which the vacancy occurred or to geographical areas not served by a state publications depository library.

(4) Responsibilities of Depository Libraries.

(a) Each depository library shall make all public documents conveniently available for free public use. Those libraries designated as receiving two copies of each item and those libraries designated as lending depositories shall make a copy available for interlibrary loan.

(b) All state publications received under this program, except for those identified by paragraphs (c), (d), (e), (f) and (g) below, must be retained for a period of 5 years. The Division may permit depository libraries to dispose of government publications that they have retained for five (5) years after they first notify the Division.

(c) Publications of the following types have significant permanent research value and must be permanently retained: annual or biennial reports of agencies and sub-agencies, session laws and statutes, legislative journals, statistical publications covering a period of at least 1 year, and series publications other than newsletters that have monographic titles. If multiple copies of a permanent publication have been received refer to paragraph (h).

(d) Superseded items, such as draft or interim reports that are followed by a final report and publications that have been revised or updated may be discarded upon receipt of the final or revised publication. Cumulative publications, such as monthly or quarterly reports that are incorporated into an annual report may be discarded on receipt of the cumulated report.

(e) Newsletters of limited local interest may be discarded after one year.

(f) U.S. Geological Survey publications received through the program but also received by Federal depository libraries may be discarded after five (5) years.

(g) Program announcements, news releases, and similar dated materials may be discarded when they are no longer timely.

(h) Duplicate copies of publications may be discarded. Depository libraries that are designated as receiving two copies may discard the second copy of a publications after five (5) years, but they are still responsible for providing interlibrary loan for all titles.

(i) Further weeding policies and procedures are addressed by the Division outside of rule.

(5) Termination of Depository Status.

(a) Should a library wish to relinquish its designation as a state documents depository library, it shall do so by submitting an official letter of request from the administrator of the designated library to the Division director. This letter shall specify why the library is no longer able to comply with the conditions of designation as agreed to by the library at the time of its designation. The Division director shall review the request, prepare an official response and, if granting the request, give guidance to the closing of the depository. In granting the request, the Division director shall consider the library's ability to continue to provide space, staff and funding for providing access to state documents. The Division director should also consider the impact of the loss of that designation on citizens’ access to state documents in that area.

(b) All publications that have been received by the designated library under this program and that fall into the categories for permanent retention, as defined in paragraph 1B-6.001(5)(c), F.A.C., must be retained by the designated library or returned to the Division in complete sets. Documents that fall into the categories for permanent retention shall not be selectively discarded.

(c) Documents not falling into the categories for permanent retention may be discarded and retained or discarded as the designated library so chooses.

(d) The Division will recognize the designated depository library as having responsibility for the permanent depository collection up to the date of the letter officially granting discontinuance. The Division will recognize a newly designated depository library, should there be one, as the library responsible for the permanent collection after that date. Should the designated depository not wish to retain the permanent collection, all publications referred to in paragraph 1B-6.001(5)(c), F.A.C., will be returned to the Division and will become part of a newly designated depository collection.

History

Rulemaking Authority 257.14 FS. Law Implemented 257.02, 257.04, 257.05 FS. History–New 1-25-16.

Fla. Admin. Code R. 1B-6.0013 State Publications: Delivery to and Distribution by Division

(1) Agency Responsibilities:

(a) Any agency that produces a state publication in physical form should furnish to the Division, free-of-charge, 35 copies of that publication for deposit in the State Library’s collection and distribution by the Division to the depository libraries throughout the state. However, the Division reserves the right to request as many as 15 additional copies of each state publication. When fewer than 40 copies of a publication are printed, an agency is required to send two (2) copies, free-of-charge, to the Division for permanent inclusion in the State Library’s collection.

(b) Any agency that produces a state publication in an electronic format shall provide the Division with electronic access to the publication. The agency shall notify the Division of the new publication or provide the file directly to the Division.

(2) Agency Compliance:

(a) Each agency shall designate a state publications liaison and notify the Division of the liaison’s name and contact information as specified in Section 257.05(2)(b), F.S.

(b) Each liaison shall maintain a list of their agency’s publications and furnish that list to the Division as it is updated, or at least by December 31 of each year.

(3) Division Responsibilities:

(a) Upon receipt of an agency’s state publications, the Division shall make the record of those publications available through a centralized data base.

(b) On a quarterly basis, the Division shall distribute the received publications to the designated depository libraries.

(d) The Division shall compile an annual summary to inform the Governor and the Legislature of which agencies have furnished publications or other information, as required under paragraph 1B-6.0013(2)(b), F.A.C.

History

Rulemaking Authority 257.14 FS. Law Implemented 257.04, 257.05 FS. History–New 1-25-16.

Fla. Admin. Code R. 1B-6.002 Designation of Depository Libraries

History

Rulemaking Authority 257.14(1) FS. Law Implemented 257.05 FS. History-New 5-1-89, Repealed 10-4-95.

Fla. Admin. Code R. 1B-6.003 Public Documents Furnished to the Division

History

Rulemaking Authority 257.14(1) FS. Law Implemented 257.05 FS. History-New 5-1-89, Repealed 10-4-95.

Fla. Admin. Code R. 1B-6.004 Distribution of Public Documents

History

Rulemaking Authority 257.14(1) FS. Law Implemented 257.05(3) FS. History-New 5-1-89, Repealed 10-4-95.

Fla. Admin. Code R. 1B-6.005 “Florida Public Documents”

History

Rulemaking Authority 257.14(1) FS. Law Implemented 257.05(3) FS. History-New 5-1-89, Repealed 10-4-95.

Fla. Admin. Code R. 1B-6.006 Responsibilities of Depository Libraries

History

Rulemaking Authority 257.14(1) FS. Law Implemented 257.05(3) FS. History-New 5-1-89, Repealed 10-4-95.

Fla. Admin. Code R. 1B-6.007 Termination of Depository Status

History

Rulemaking Authority 257.14(1) FS. Law Implemented 257.05 FS. History-New 5-1-89, Repealed 10-4-95.

Fla. Admin. Code R. 1B-6.008 Services and Activities of the Division

History

Rulemaking Authority 257.14(1) FS. Law Implemented 257.04 FS. History-New 5-1-89, Repealed 10-4-95.

Chapter 1B-11 PUBLIC USE OF RECORDS, DONATED HISTORICAL MATERIALS, AND FACILITIES IN THE FLORIDA STATE ARCHIVES

Fla. Admin. Code R. 1B-11.001 Scope

History

Rulemaking Authority 257.14 FS. Law Implemented 257.35(7) FS. History-New 4-11-76, Amended 9-15-82, Formerly 1A-11.01, 1A-11.001, Repealed 12-18-95.

Fla. Admin. Code R. 1B-11.002 Authority

History

Rulemaking Authority 257.14 FS. Law Implemented 257.35(7) FS. History-New 4-11-76, Formerly 1A-11.02, 1A-11.002, Repealed 12-18-95.

Fla. Admin. Code R. 1B-11.003 Definitions

History

Rulemaking Authority 257.14 FS. Law Implemented 257.35(7) FS. History-New 4-11-76, Amended 9-15-82, Formerly 1A-11.03, 1A-11.003, Repealed 12-18-95.

Fla. Admin. Code R. 1B-11.004 Use of Archives

(1) Availability of records:

(a) Records in the custody of the Florida State Archives are available for reference in the Search Room only.

(b) Original records will not normally be made available when microfilm or other copies are available.

(c) Persons seeking information that is published and readily available will normally be referred to the Florida State Library.

(d) Records will not be furnished to a researcher under the age of 16 years unless he is accompanied by an adult researcher, or unless prior arrangements have been made with the State Archivist.

(2) Location of records and hours of opening:

(a) A prospective researcher should first ascertain the location and availability of records by contacting the reference staff by mail or telephone.

(b) Except for holidays and at such other times as specified in writing by the Director and posted on the Division’s website, the archives and donated historical materials are available for use from 9:00 a.m. to 4:30 p.m., Monday through Friday. Records may be made available at other times as authorized by the Director.

(3) Application procedures: Applicants shall apply in person at the Florida State Archives and shall furnish, on a form provided for the purpose, information necessary for registration and for determining which records will be made available. Applicants shall furnish proper identification, and, if applying for access to large quantities of records or to records that are especially fragile or valuable, shall furnish upon request a letter of reference or introduction.

(4) Restrictions: The use of archives is subject to any restrictions specified by law. Records may be temporarily withdrawn from use while in process of restoration, repair, or rearrangement.

(5) Research room rules:

(a) Registration – Researchers shall register each day they enter a research room, furnishing the researcher’s name, permanent address, local address, occupation, residence phone, local phone and field of interest. The registration shall be in substantially the same form as form DS-AR 303 in subsection 1-3.030(4), F.A.C.

(b) Researcher’s responsibility for records – The research room attendant may limit the quantity of records to be delivered at one time to a researcher. When requested, researchers shall acknowledge receipt of records by signature. A researcher is responsible for all records delivered to him until he returns them. When a researcher has completed his use of records, he shall return them to the research room attendant. When requested, researchers shall return records as much as 10 minutes before closing time. Before leaving a research room, even for a short period of time, a researcher shall notify the research room attendant and place all records in their proper containers.

(c) Prevention of damage to records – The researcher shall exercise all possible care to prevent damage to records. Records shall not be used at a desk where there is a container of liquid or where a fountain pen is being used. Records shall not be leaned on, written on, folded anew, traced, fastened with paper clips or rubber bands, or handled in any way likely to cause damage. The use of records of exceptional value or in fragile condition shall be subject to any conditions specified by the research room attendant.

(d) Removal or mutilation of records – Researchers shall not remove records from a research room. The unlawful removal or mutilation of records is punishable by law. When so requested, researchers shall check parcels and luggage before entering a research room; and upon leaving, a researcher shall, if requested, present for examination any briefcase, notebook, package, envelope book, or other article that could contain records.

(e) Conduct – Eating in a research room is prohibited. Smoking is prohibited except in designated smoking areas. Loud talking and other activities likely to disturb other researchers are also prohibited. Persons desiring to use typewriters shall work in areas designated by the research room attendant.

(f) Keeping records in order – A researcher must keep unbound records in the order in which they are delivered to him. Records appearing to be in disorder should not be rearranged by a researcher, but should be referred to the research room attendant. Normally, a researcher will not be allowed to remove records from more than one container at a time.

(g) Copying services – Copying of records will normally be done by personnel of the Florida State Archives with equipment belonging to the agency. With the permission of the State Archivist, researchers may use their own copying equipment. Permission will be based on the State Archivist’s determination that such use will not harm the records or disrupt reference activities. Equipment will be used under the supervision of agency personnel.

History

Rulemaking Authority 257.14, 257.35(7) FS. Law Implemented 257.35(1) FS. History–New 4-11-76, Amended 9-6-78, 9-15-82, Formerly 1A-11.04, 1A-11.004, Amended 6-27-06.

Fla. Admin. Code R. 1B-11.005 Use of Donated Historical Materials

History

Rulemaking Authority 257.14 FS. Law Implemented 257.35(7) FS. History-New 4-11-76, Amended 9-15-82, Formerly 1A-11.05, 1A-11.005, Repealed 12-18-95.

Fla. Admin. Code R. 1B-11.006 Use of Florida State Archives Facilities

History

Rulemaking Authority 257.14 FS. Law Implemented 257.35(7) FS. History-New 4-11-76, Amended 9-15-82, Formerly 1A-11.06, 1A-11.006, Repealed 12-18-95.

Fla. Admin. Code R. 1B-11.007 Information Services

History

Rulemaking Authority 257.14 FS. Law Implemented 257.35(7) FS. History-New 4-11-76, Amended 6-24-82, 9-15-82, Formerly 1A-11.07, 1A-11.007, Repealed 12-18-95.

Fla. Admin. Code R. 1B-11.009 Citation of Use

History

Rulemaking Authority 257.14 FS. Law Implemented 257.35(7) FS. History-New 4-11-76, Amended 9-15-82, Formerly 1A-11.09, 1A-11.009, Repealed 12-18-95.

Chapter 1B-24 PUBLIC RECORDS SCHEDULING AND DISPOSITION

Fla. Admin. Code R. 1B-24.001 General

(1) This chapter establishes standards and procedures for the scheduling and disposition of public records to promote economical and efficient management of records and to ensure that records of archival value under an agency’s control are so designated and ultimately transferred to the Florida State Archives or to a local records office, archives, or historical records repository.

(2) Each agency in the State of Florida is responsible for complying with the provisions of this chapter.

(3) For the purpose of this chapter:

(a) “Agency” means any state, county, or municipal officer, department, district, division, board, bureau, commission or other separate unit of government created or established by law.

(b) “Custodian” means the elected or appointed state, county, district, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee.

(c) “Disposition” means final actions taken with regard to public records that have met all retention requirements and are no longer needed for current government business as indicated in General Records Schedules or Records Retention Schedules. Disposition may include either destruction of public records or transfer of public records to the custody of another public agency such as the Florida State Archives or a local government archives or records repository.

(d) “Division” means the Division of Library and Information Services of the Department of State.

(e) “Electronic records” means any information that is recorded in machine readable form.

(f) “Florida State Archives” means the program maintained by the Division for the preservation of those public records and other papers that have been determined by the Division to have sufficient historical or other value to warrant their continued preservation by the state and which have been accepted by the Division for transfer to its custody.

(g) “General Records Schedules” means retention requirements established by the Division for public records common to all agencies or specified types of agencies within the State of Florida indicating the minimum time such records must be kept.

(h) “Intermediate files” (processing files) are temporary electronic files used to create, correct, reorganize, update, or derive output from master data files. Intermediate files are precursors of public records, and are not, in themselves, public records which must be retained. Intermediate files only exist provided a final product is subsequently generated which perpetuates, communicates, or formalizes knowledge of some type. In the absence of such a final product, processing files constitute final evidence of the knowledge to be recorded and shall not be construed as intermediate files for the purposes of this chapter.

(i) “Public records” are those as defined in Section 119.011, F.S., and include records that are designated by statute as confidential or exempt from public disclosure.

(j) “Record (master) copy” means public records specifically designated by the custodian as the official record.

(k) “Record series” means a group of related public records arranged under a single filing arrangement or kept together as a unit (physically or intellectually) because they consist of the same form, relate to the same subject or function, result from the same activity, document a specific type of transaction, or have some other relationship arising from their creation, receipt, or use. A record series might contain records in a variety of forms and formats that document a particular program, function, or activity of the agency.

(l) “Records Retention Schedule” means retention requirements established by the Division for public records held by a specified agency within the State of Florida indicating the minimum time such records must be kept.

(m) “Retrospective conversion project” means the bulk microfilming or digital reformatting of existing backfiles; it does not refer to day-to-day scanning of current items conducted as part of daily workflow.

History

Rulemaking Authority 257.14, 257.35(7), 257.36(6) FS. Law Implemented 257.35, 257.36 FS. History–New 1-8-80, Formerly 1A-24.01, 1A-24.001, Repromulgated 3-23-93, Amended 2-20-01, 1-18-09.

Fla. Admin. Code R. 1B-24.002 Definitions

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Amended 1-4-84, Formerly 1A-24.02, 1A-24.002, Amended 1-7-88, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.003 Records Retention Scheduling and Disposition

(1) The Division issues General Records Schedules which establish minimum retention requirements for record series common to all agencies or specified types of agencies based on the legal, fiscal, administrative, and historical value of those record series to the agencies and to the State of Florida. The General Records Schedules established by the Division, which can be obtained at https://dos.myflorida.com/library-archives/records-management/general-records-schedules/, are incorporated by reference:

(a) General Records Schedule GS1-SL for State and Local Government Agencies (https://www.flrules.org/Gateway/reference.asp?No=Ref-15394, eff. 06/23).

(b) General Records Schedule GS2 for Criminal Justice Agencies and District Medical Examiners (https://www.flrules.org/Gateway/reference.asp?No=Ref-15395, eff. 06/23).

(c) General Records Schedule GS3 for Election Records (https://www.flrules.org/Gateway/reference.asp?No=Ref-15396, eff. 06/23).

(d) General Records Schedule GS4 for Public Hospitals, Health Care Facilities and Medical Providers (https://www.flrules.org/Gateway/reference.asp?No=Ref-15397, eff. 06/23).

(e) General Records Schedule GS5 for Public Universities and Colleges (https://www.flrules.org/Gateway/reference.asp?No=Ref-15398, eff. 06/23).

(f) General Records Schedule GS7 for Public Schools Pre-K-12 and Adult and Career Education (https://www.flrules.org/Gateway/reference.asp?No=Ref-15399, eff. 06/23).

(g) General Records Schedule GS8 for Fire Departments (https://www.flrules.org/Gateway/reference.asp?No=Ref-15400, eff. 06/23).

(h) General Records Schedule GS11 for Clerks of Court (https://www.flrules.org/Gateway/reference.asp?No=Ref-15401, eff. 06/23).

(i) General Records Schedule GS12 for Property Appraisers (https://www.flrules.org/Gateway/reference.asp?No=Ref-15402, eff. 06/23).

(j) General Records Schedule GS13 for Tax Collectors (https://www.flrules.org/Gateway/reference.asp?No=Ref-15403, eff. 06/23).

(k) General Records Schedule GS14 for Public Utilities (https://www.flrules.org/Gateway/reference.asp?No=Ref-15404, eff. 06/23).

(l) General Records Schedule GS15 for Public Libraries (https://www.flrules.org/Gateway/reference.asp?No=Ref-15405, eff. 06/23).

(2) For each record series not covered by General Records Schedules established by the Division, each agency shall submit to the Division a request for a records retention schedule on Department of State Form LS5E-105REff.2-09, “Request for Records Retention Schedule” which is hereby incorporated by reference and made part of this rule. A copy of Form LS5E-105REff.2-09, effective February 2009, may be obtained from the Division of Library and Information Services, Department of State, Mail Station 9A, Tallahassee, Florida 32399-0250, or from the Division’s Records Management website at http://dlis.dos.state.fl.us/RecordsManagers.

(3) In completing Form LS5E-105REff.2-09, “Request for Records Retention Schedule,” the agency shall consider the legal, fiscal, administrative, and historical value of each record series to the agency and to the State of Florida. The custodian of the records or his or her designee shall sign the Form LS5E-105REff.2-09 and submit it to the Division for determination of official retention requirements.

(4) Retention and scheduling of intermediate files are not feasible due to their transitory nature; therefore, submission of Form LS5E-105REff.2-09, “Request for Records Retention Schedule” is not required for intermediate files.

(5) Each Request for Records Retention Schedule shall be analyzed by the Division in the context of the submitting agency’s statutory functions and authorities. Florida Statutes, administrative rules, operating procedures, applicable federal regulations and other such sources shall be researched to assist in the Division’s determination of the value and retention requirements of each record series.

(6) The Division shall review Request for Records Retention Schedule forms to determine whether the records may merit transfer to the Florida State Archives or to a local records office, archives, or historical records repository, based upon the records’ enduring legal, fiscal, administrative, and historical values (archival value). If the Division determines that the records may have archival value, an indication of such potential archival value shall be made on the Request for Records Retention Schedule form. The main objectives of this determination are to identify and ensure the preservation of records of archival value pertaining to the operation of government and to protect the rights and interests of the citizens of the state.

(7) The Division, with information submitted on Form LS5E-105REff.2-09, “Request for Records Retention Schedule” and its own research into the legal, fiscal, administrative, and historical value of the record series, shall create an official “Records Retention Schedule.” Once the Division has approved an official Records Retention Schedule, the submitting agency shall adhere to the terms of that schedule for the record series described therein.

(8) An approved Records Retention Schedule may later need to be revised based on new statutory, regulatory, or other requirements or agency needs. When changes are necessary, the agency shall submit a new Form LS5E-105REff.2-09, “Request for Records Retention Schedule” for the record series indicating the nature of the changes and the reason they are necessary. Revised Records Retention Schedules shall be processed in the manner specified in subsections 1B-24.003(2)-(8), F.A.C., above.

(9)(a) Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies. Minimum standards for image reproduction shall be in accordance with Rules 1B-26.0021 and 1B-26.003, F.A.C. An electronic or microfilmed copy serving as the record (master) copy must be retained for the length indicated for the record (master) copy in the applicable retention schedule. An agency that designates an electronic or microfilmed copy as the record (master) copy may then designate the paper original as a duplicate and dispose of it in accordance with the retention requirement for duplicates in the applicable retention schedule unless another law, rule, or ordinance specifically requires its retention.

(b) Any state agency record series identified by either a General Records Schedule or approved Records Retention Schedule as having possible archival value shall not be destroyed without the approval of the Florida State Archives.

(c) Where a local government has formally established a records office, archives, or historical records repository, local government agencies within that jurisdiction may transfer records of archival value to that repository. An agency may also loan records to another governmental jurisdiction or to a non-government historical records repository or historical society provided an agreement is signed by both parties specifying the required conditions of the loan, including the responsibilities of both parties for the management of public records in accordance with Chapter 119, F.S. The loaning agency shall remain the legal custodian and retain ultimate responsibility for the maintenance and preservation of the records, including ensuring accessibility to the records and non-disclosure of statutorily exempt or confidential information.

(d) Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following:

Records retention schedule number,
Item number,
Record series title,
Inclusive dates of the records,
Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and,
Disposition action (manner of disposition) and date.

Agencies are not required to document the disposition of records with a retention of “Retain until obsolete, superseded or administrative value is lost” (OSA) except for records that have been microfilmed or scanned as part of a retrospective conversion project in accordance with Rule 1B-26.0021 or 1B-26.003, F.A.C., where the microfilm or electronic version will serve as the record (master) copy.

(10) Agencies shall ensure that all destruction of records is conducted in a manner that safeguards the interests of the state and the safety, security, and privacy of individuals. In destroying records containing information that is confidential or exempt from disclosure, agencies shall employ destruction methods that prevent unauthorized access to or use of the information and ensure that the information cannot practicably be read, reconstructed, or recovered. The agency shall specify the manner of destruction of such records when documenting disposition. Where possible, recycling following destruction is encouraged.

(a) For paper records containing information that is confidential or exempt from disclosure, appropriate destruction methods include burning in an industrial incineration facility, pulping, pulverizing, shredding, or macerating. High wet strength paper, paper mylar, durable-medium paper substitute, or similar water repellent papers are not sufficiently destroyed by pulping and require other methods such as shredding or burning.

(b) For electronic records containing information that is confidential or exempt from disclosure, appropriate destruction methods include physical destruction of storage media such as by shredding, crushing, or incineration; high-level overwriting that renders the data unrecoverable; or degaussing/demagnetizing.

(c) For other non-paper media containing information that is confidential or exempt from disclosure, such as audio tape, video tape, microforms, photographic films, etc., appropriate destruction methods include pulverizing, shredding, and chemical decomposition/recycling.

(d) Agencies shall not bury confidential or exempt records since burying does not ensure complete destruction or unauthorized access.

(11) Each agency shall submit to the Division, once a year, a signed statement attesting to the agency’s compliance with records management laws, rules, and procedures.

(12) The Division shall compile an annual summary of agency records scheduling and disposition activities to inform the Governor and the Legislature regarding statewide records management practices and program compliance.

History

Rulemaking Authority 119.021(2)(a), 257.35(7), 257.36 FS. Law Implemented 119.021(2)(b)-(d), 257.35, 257.36 FS. History–New 2-20-01, Amended 1-18-09, 2-19-15, 7-27-17, 4-21-19, 8-6-20, 2-14-21, 6-16-22, 6-28-23, Technical Change 2-20-26.

Fla. Admin. Code R. 1B-24.004 Developing Requests for Records Retention Schedules

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Amended 1-4-84, Formerly 1A-24.04, 1A-24.004, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.005 Submitting Proposed Records Retention Schedules

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Formerly 1A-24.05, 1A-24.005, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.006 Division Criteria for Processing Proposed Records Retention Schedules

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Formerly 1A-24.06, 1A-24.006, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.007 Division Action

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Formerly 1A-24.07, 1A-24.007, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.008 Revising Records Retention Schedules

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Amended 1-4-84, Formerly 1A-24.08, 1A-24.008, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.009 General Records Schedules

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Amended 1-4-84, Formerly 1A-24.09, 1A-24.009, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.010 Records Disposition

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Amended 1-4-84, Formerly 1A-24.10, 1A-24.010, Amended 1-7-88, 3-23-93, 7-1-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.011 Division Criteria for Approval of Records

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Formerly 1A-24.11, 1A-24.011, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.012 Disposition Certificate

History

Rulemaking Authority 257.14, 257.36(7) FS. Law Implemented 257.36 FS. History-New 1-8-80, Formerly 1A-24.12, 1A-24.012, Amended 1-7-88, 3-23-93, Repealed 2-20-01.

Fla. Admin. Code R. 1B-24.013 Penalty for Violation

History

Rulemaking Authority 257.14 FS. Law Implemented 257.36 FS. History-New 1-8-80, Formerly 1A-24.13, 1A-24.013, Amended 1-7-88, Repealed 3-23-93.

Chapter 1B-26 RECORDS MANAGEMENT - STANDARDS AND REQUIREMENTS

Fla. Admin. Code R. 1B-26.0021 Microfilm Standards

(1) Purpose. The purpose of this section is to provide standards for microfilming public records to assure that the film, photographing methods, processing, handling and storage is in accordance with methods, procedures and specifications designed to protect and preserve such records on microfilm.

(2) Definitions. When used in this section, the following terms and definitions apply:

(a) Permanent record – Any public record that has been determined by the Division of Library and Information Services to have sufficient legal, fiscal, historical or other value to warrant its continued preservation. Each record series shall be considered on an individual basis by the Division of Library and Information Services in making this decision. See Section 119.011(12), F.S., for a definition of public records.

(b) Long-term record – Any record that has an established retention period of more than 10 years.

(d) Original microfilm – Camera microfilm whether produced by conventional source document or Computer Output Microfilm (COM) methods, and regardless of emulsion or base.

(e) Silver original microfilm – Camera microfilm meeting the requirements of the following standards, hereby incorporated by reference and available to view at the Division of Library and Information Services located at 500 S. Bronough St., Tallahassee FL 32399:

ANSI/IT9.6-1991 – American National Standard for photography – photographic films – specifications for safety film OR International Organization for Standardization (ISO), ISO 18906:2000, Imaging materials Photographic films Specifications for safety film.
ANSI/NAPM IT9.1-1992 – American National Standard for Imaging Media (Film) – Silver-Gelatin Type Specifications for Stability OR International Organization for Standardization (ISO), ISO 18901:2010 – Imaging materials – Processed silver-gelatin-type back-and-white films – Specifications for stability.
ANSI/IT9.10-1991 – American National Standard for Imaging Media Determination of the Curl of Photographic Film OR International Organization for Standardization (ISO), ISO 18910:2000 – Imaging materials – Photographic film and paper – Determination of curl.
ANSI/NAPM IT9.7-1993 – American National Standard method for determining the brittleness of photographic films and papers OR International Organization for Standardization (ISO), ISO 18907:2013 – Imaging materials – Photographic films and papers – Wedge test for brittleness.

(f) Duplicate microfilm – Second generation negative or positive microfilm meeting the requirement standards referenced in paragraph (2)(e), above, or:

ANSI/IT9.5-1992 – American National Standard for Imaging Media (Film) – Ammonia-Processed Diazo Films – Specifications for Stability OR International Organization for Standardization (ISO), ISO 18905:2002 – Imaging materials – Ammonia-processed diazo photographic film – Specifications for stability, hereby incorporated by reference and available to view at the Division of Library and Information Services.
ANSI/IT9.12-1991 – American National Standard for Photography Processed Vesicular Photographic Film Specifications for Stability OR International Organization for Standardization (ISO), ISO 18912:2002 – Imaging materials – Processing vesicular photographic film – Specifications for stability, hereby incorporated by reference and available for purchase at webstore.ansi.org or www.iso.org/store.html.

(3) Standards for microfilming permanent and long-term public records:

(a) Arrangement and reproduction, general – The integrity of the original records shall be maintained by ensuring that the microfilmed copies are adequate substitutes for the original records and that they serve the purposes for which the original records were created or maintained. To ensure this:

The microfilm copies shall contain all significant record data shown on the originals;
The records on microfilm shall be arranged, identified and indexed so that an individual document or component of records can be located with reasonable facility;
The photographic densities on negative microfilm shall be at the lowest level commensurate with intended use. Where possible, the delta densities on negative copies shall be as follows:

a. Background densities on negative-appearing camera microfilm. Gross background densities from 0.80 to 1.50 in clear-base, negative appearing film are recommended depending on the type of original document and on the reduction. Groups 1 to 5 indicate the density range at which these documents likely can be microfilmed successfully.

(I) Group 1. High-quality, high contrast printed books, periodicals and black typing. Density of 1.3 to 1.50.

(II) Group 2. Fine line originals, black opaque pencil writing and documents with small, high-contrast printing. Density of 1.15 to 1.40.

(III) Group 3. Pencil and ink drawings, faded printing and very small printing, such as the footnotes at the bottom of a printed page. Density of 1.0 to 1.20.

(IV) Group 4. Low-contrast manuscripts and drawings; graph paper with pale, fine-colored lines; letters typed with a worn ribbon; and poorly printed, faint documents. Density of 0.80 to 1.0.

(V) Group 5. Although not a general practice, some poor-contrast documents may require a background density of 0.70 to 0.85.

b. The base-plus-fog density of unexposed, processed, clear-base film shall not exceed 0.10. When a tinted base film is used, the density will increase by 0.1 or 0.2, which must be added to the 0.10 value.

c. The ultimate density criteria are for the microfilm to be legible for its intended use, for example, reading, duplicating or printing hardcopies, and for all images in a roll to be duplicated at the same duplicator exposure.

Resolution requirements are dependent upon the reduction ratio being utilized. The following is the recommended minimum resolving power (line pairs per mm.) for each reduction ratio:

Reduction

Resolving Power

Ratio

(Lines pairs per mm.)

8:1

12:1

108

15:1

106

16:1

114

17:1

107

20:1

112

21.2:1

119

24:1

120

28:1

126

30:1

135

33.9:1

136

36:1

144

42.4:1

136

48:1

134

(b) Roll microfilm identification and arrangement.

The photographic images at the beginning of each roll of microfilm shall include:

a. Information identifying the agency and organization to which the records relate,

b. The title of the records,

c. The microfilm roll number,

d. The inclusive dates, names or other data identifying the first and last records on the roll, and

e. Any indexes, registers or other finding aids for the records on the roll.

If the microfilm is to be used as legal evidence, appropriate certifications are required at the beginning and end of each roll and identification targets shall adhere to ANSI/AIIM MS19-1993 – American National Standard for Information and Image Management – Standard Recommended Practice – Identification of Microforms, hereby incorporated by reference and available to view at the Division of Library and Information Services.

(c) Unit microfilm arrangement – Microfilm systems employing unit microforms jackets, fiche, etc. shall be so designed that:

The resulting microfilm file is an accurate representation of the original records, and
Any indexes, registers or other finding aids essential to the operation of the system are microfilmed and located in a readily identifiable place with a collection of microfilmed records.

(d) Applicability of standards to Computer Output Microfilm – Computer Output Microfilm (COM) systems, which produce original permanent and long-term records on microfilm with no paper originals, shall be designed so that the resulting microfilm product meets applicable standards set forth in this section.

(e) Microfilm stock – Permanent and long-term records. The film used to make the original microfilm copies of permanent records shall be safety-base permanent records film specified by one of the standards set forth in paragraph (2)(e). The film used to make the original microfilm copies of long-term records shall be safety-base permanent record film specified by one of the standards set forth in paragraph (2)(e), unless a security duplicate is made in accordance with one of the standards set forth in paragraph (2)(f) and stored in accordance with paragraph (3)(i), permanent and long-term storage standards.

(f) Film processing – Film used for microphotographic copies of permanent records shall be processed so that the residual thiosulfate concentration will not exceed 0.14 micrograms per square centimeter. The test used for determining the concentration of residual thiosulfate on processed film shall be one of those specified in ANSI/NAPM IT9.17 – American National Standard for Photography – Determination of Residual Thiosulfate and Other Related Chemicals in Processed Photographic Materials – Methods Using Iodine-Amylose, Methylene Blue and Silver Sulfide – OR International Organization for Standardization (ISO), ISO 18917:1999 – Photography – Determination of residual thiosulfate and other related chemicals in processed photographic materials – Methods using iodine-amylose, methylene blue and silver sulfide, hereby incorporated by reference and available to view at the Division of Library and Information Services.

(g) Microfilm use criteria – The following criteria shall be observed in using microfilm of permanent records:

Original microfilm of permanent and long-term records shall not be used for reference purposes. Negative or positive duplicates of the original negatives, such as silver, vesicular or diazo duplicates, shall be provided for reference use.
Adequate measures shall be taken to keep the original microfilm clean and unscratched.

(h) Standards for reels and containers – The following standards are to be observed in packaging silver original microfilm copies of permanent and long-term records. The standards shall also be applied to silver duplicate microfilm to assure maximum protection against deterioration:

Microfilm stored in roll form shall be wound on cores or on reels of a type specified by ANSI/AIIM MS34-1990 – American National Standards Institute (ANSI) standard MS34, Standard for Information and Image Management – Dimensions for Reels Used for 16mm and 35mm Microfilm, hereby incorporated and available to view at the Division of Library and Information Services. The materials used for the cores and reels shall be non-corroding such as plastic compounds or non-ferrous metals. Steel reels shall be used only if the reels are well protected by lacquer, enamel, tinning or other corrosion-resistant finish. Plastics and lacquer that might give off reactive fumes or exudations during storage shall not be used. If plastic materials are used, they shall be free of peroxides.
Paper strips which have not been deacidified or rubber bands shall not be used for confining film on reels or cores. No materials are to be used that shall ignite, decompose, or develop reactive fumes and vapors.
Closed containers made of inert materials such as metal or plastic of proven quality shall be used. The container shall be sealed where needed to maintain prescribed humidity limits or to protect film against gases and impurities. If the temperature and humidity controls are maintained as prescribed in subparagraph (3)(i)2., below, and if there is good ventilation in the storage area, the containers need not be sealed. Open containers, such as acid-free boxes or folding cartons, may be used only if it has been determined by the manufacturer that the container material is acid free and will have no adverse effect on the film over long periods of time.

(i) Permanent and long-term storage standards – The following standards are applicable to the storage of microfilm copies of permanent and long-term records:

The microfilm is to be kept in a fire resistant vault or room. The storage area is not to be used as an office or working area. No flammable materials shall be stored in the storage area. For full protection against exposure to fire and associated hazards, fire resistive safes or insulated containers shall be placed within fire resistive vaults or rooms constructed in accordance with recommendations of the National Fire Protection Association standard NFPA 232-2017, hereby incorporated by reference and available to view at no cost at the Division of Library and Information Services.
The relative humidity and temperature of the storage vault or room shall be maintained at a constant level. Optimum levels are below 21 degrees Celsius (69.8 degrees Fahrenheit) for temperature and between 20% and 50% for humidity according to ANSI/NAPM IT9.11-1993 – American National Standard for Imaging Media – Processed Safety Photographic Films – Storage OR International Organization for Standardization (ISO), ISO 18911:2010 – Imaging materials – Processed safety photographic films – Storage OR International Organization for Stabilization (ISO), ISO 18911:2010 – Imaging materials – Processed safety photographic films – Storage practices, hereby incorporated by reference and available to view at the Division of Library and Information Services. Rapid cycling and wide ranges of humidity or temperature shall be avoided and shall in no instance exceed plus or minus 5 percent humidity or plus or minus 5 degrees Fahrenheit temperature in a 24-hour period. Where inactivity of the film permits, protection may be increased by conditioning and sealing the film at a lower temperature. Moreover, a lower temperature can compensate for a higher humidity, but the maximum humidity shall not exceed 50%. Film stored at humidity levels below 20 percent and temperatures below 21 degrees Celsius (69.8 degrees Fahrenheit) shall be sufficiently warmed and reconditioned before using to avoid damage in handling.
Air conditioning shall be kept under sufficient control to meet the standards for temperature and humidity as specified in subparagraph 2., above. Dehumidifiers employing inert desiccants may be used provided the humidifier is equipped with filters capable of removing dust particles down to 0.3 micrograms per square centimeter in size and is controlled to maintain the relative humidity. Water trays or saturated chemical solutions shall not be used to increase the humidity level because there is serious danger of over-humidification.
Silver-gelatin microfilm shall not be stored with other types of film in the same room or in rooms connected by ventilating ducts because gases given off by the non-silver gelatin microfilm may damage or destroy the safety-film base.

(j) Microfilm inspection – A number of different representative samples of film shall be inspected at 2 year intervals. If deviation from recommended temperature and humidity has occurred, inspection shall be made at 1 year intervals. For each biennial inspection, a different lot sample shall be chosen, allowing some overlapping of inspection to note any changes in previously inspected samples. Inspection shall be in accordance with guidelines set forth in the National Bureau of Standards Handbook 96, Inspection of Processed Photographic Record Films for Aging Blemishes, hereby incorporated by reference. If such inspections indicate the presence of blemishes, such findings shall be documented, including at minimum the following information:

Quantity of microfilm of permanent records on hand, that is, the number of rolls, microfiche, jackets, etc.,
Quantity of microfilm inspected,
Condition of the microfilm,
Corrective action required.

(4) Standards for filming medium-term public records.

(a) Records with a medium-term retention period of 10 years or less – Records to be retained 10 years or less may be microfilmed in accordance with agency standards and requirements for the retention of the records, including the option of using any film, processing system, or storage containers the agency may select.

(b) Storage standards for medium-term microfilm – Temperature and humidity of medium-term storage areas shall be maintained in accordance with ANSI/NAPM IT9.11-1993 – American National Standard for Imaging Media – Processed Safety Photographic Films – Storage OR International Organization for Standardization (ISO), ISO 18911:2010 – Imaging materials – Processed safety photographic films – Storage practices, hereby incorporated by reference and available to view at the Division of Library and Information Services. Walls and enclosures shall be so designed to prevent moisture from condensing on surfaces when exterior temperatures are below the dew point. Inspection and viewing of medium-term film may be done in the same area – separate work and storage areas need not be maintained, but good housekeeping practices shall be followed. Separate storage rooms shall be maintained for films that release acid fumes.

(c) Cost benefit analysis – Before records with a retention period of 10 years or less are committed to microfilm, the custodial agency shall prepare a cost benefit analysis to ensure that the project or system contemplated is cost-effective.

History

Rulemaking Authority 257.14, 257.36(6) FS. Law Implemented 257.36(1) FS. History–New 12-22-86, Amended 2-7-96, 10-22-18.

Fla. Admin. Code R. 1B-26.003 Electronic Recordkeeping

(1) These rules provide standards for record copies of public records which reside in electronic form. These requirements must be incorporated in the system design and implementation of new systems and enhancements to existing systems in which electronic records reside. Public records are those as defined by Section 119.011(12), F.S.

(2) These rules are applicable to all agencies as defined by Section 119.011(2), F.S., and establish minimum requirements for the creation, utilization, maintenance, retention, preservation, storage and disposition of electronic record copies, regardless of the media.

(3) Electronic recordkeeping systems and practices in use at the effective date of this rule that are not in compliance with the requirements of this rule may be used until the systems or practices are replaced or upgraded. New and upgraded electronic recordkeeping systems and practices created or implemented after the effective date of this rule shall comply with the requirements contained herein. If an agency cannot practicably achieve compliance with this section in relation to an upgraded system, the agency shall document the reason why it cannot do so.

(4) For the purpose of these rules:

(a) “Checksum” means a hashing algorithm or procedure for checking that electronic records have not been altered by transforming a string of characters into a usually shorter fixed-length “hash value” or key that represents the original string.

(b) “Database” means an organized collection of automated information.

(c) “Database management system” means a set of software programs that controls the organization, storage and retrieval of data (fields, records and files) in a database. It also controls the security and integrity of the database.

(d) “Digital signature” means a type of electronic signature (any letters, characters, or symbols executed with an intent to authenticate) that can be used to authenticate the identity of the sender of a message or the signer of a document and to ensure that the original content of the message or document that has been sent is unchanged. Digital signatures can be created through checksums.

(e) “Electronic record” means any information that is recorded in machine readable form.

(f) “Electronic recordkeeping system” means an automated information system for the organized collection, processing, transmission and dissemination of information in accordance with defined procedures.

(g) “Logical access controls” means those administrative controls and permissions allowing or limiting user access to a system’s records and resources.

(h) “Metadata” means structured or semi-structured data about records that enables identification, access, use, understanding and preservation of those records over time.

(i) “System design” means the design of the nature and content of input, files, procedures and output, and their interrelationships.

(j) “Permanent or long-term records” means any public records as defined by Section 119.011(12), F.S., which have an established retention period of more than 10 years.

(k) “PPI” means pixels per inch and is the measurement of digital pixels on a screen or file.

(l) “Record copy” means public records specifically designated by the custodian as the official record.

(m) “Geographic information system” means a computer system for capturing, storing, checking, integrating, manipulating, analyzing and displaying data related to positions on the Earth’s surface.

(n) “Open format” means a data format that is defined in complete detail, allows transformation of the data to other formats without loss of information, and is open and available to the public free of legal restrictions on use.

(o) “Unicode” means the universal character encoding standard maintained by the Unicode Consortium, providing the basis for processing, storage, and interchange of text data in any language in all modern software and information technology protocols.

(5) Agencies shall develop and maintain adequate and up-to-date technical and descriptive documentation for each electronic recordkeeping system to specify characteristics necessary for reading or processing the records. Documentation for electronic records systems shall be maintained in electronic or printed form as necessary to ensure access to the records. The minimum documentation required is:

(a) A narrative description of the system, including all inputs and outputs of the system; the organization and contents of the files and records; policies on access and use; security controls; purpose and function of the system; update cycles or conditions and rules for adding information to the system, changing information in it, or deleting information; and the location and media in which electronic records are maintained and their retention requirements to ensure appropriate disposition of records in accordance with Chapter 1B-24, F.A.C.

(b) The physical and technical characteristics of the records, including:

A record layout or markup language that describes each file or field including its name, size, starting or relative position, and description of the form of the data (such as alphabetic, decimal or numeric), or
A data dictionary or the equivalent information associated with a database management system including a description of the relationship between data elements in databases;

(c) For information coming from geographic information systems, the physical and technical characteristics of the records must be described including a data dictionary, a quality and accuracy report and a description of the graphic data structure, such as recommended by the federal Spatial Data Transfer Standards; and,

(d) Any other technical information needed to read or process the records.

(6) Electronic recordkeeping systems that maintain record copies of public records on electronic media shall meet the following minimum requirements:

(a)1. Provide a method for all authorized users of the system to retrieve desired records;

Provide an appropriate level of security to ensure the integrity of the records in accordance with the requirements of Chapter 282, F.S. Security controls should include, at a minimum, physical and logical access controls, backup and recovery procedures, and training for custodians and users. Automated methods for integrity checking should be incorporated in all systems that generate and use official file copies of records. Checksums and digital signatures should be considered for all official file copies of electronic records. The use of automated integrity controls, such as checksums and digital signatures, can reduce the need for other security controls. Checksums used to protect the integrity of official file copies of records should meet the requirements of U.S. Federal Information Processing Standards Publication 180-4 (FIPS-PUB 180-4) (August 4, 2015) entitled “Secure Hash Standard (SHS),” https://www.flrules.org/Gateway/reference.asp?No=Ref-13888 which is hereby incorporated by reference, and made a part of this rule. This publication is available from the National Institute of Standards and Technology, U.S. Department of Commerce, 100 Bureau Drive, Gaithersburg, MD 20899, and at the Internet Uniform Resource Locator: https://csrc.nist.gov/publications/detail/fips/180-4/final.
Identify the open format or standard interchange format when necessary to permit the exchange of records on electronic media between agency electronic recordkeeping systems using different software/operating systems and the conversion or migration of records on electronic media from one system to another.
Provide for the disposition of the records including, when appropriate, transfer to the Florida State Archives.

(b) Before a record copy is created on an electronic recordkeeping system, the record shall be uniquely identified to enable authorized personnel to retrieve, protect, and carry out the disposition of records in the system. Agencies shall ensure that records maintained in such systems can be correlated with any existing related records on paper, microfilm or other media.

(c) Systems or programs used to create, store or access record copies of electronic records must capture structural, descriptive, administrative and technical metadata standard to the system or program employed and must generate additional metadata whenever a record is moved within the system or migrated to another format or storage medium.

(7) Agencies shall implement the following procedures to enhance the legal admissibility of electronic records:

(a) Document that similar kinds of records generated and stored electronically are created by the same processes each time and have a standardized retrieval approach.

(b) Substantiate that security procedures prevent unauthorized addition, modification, or deletion of a record and ensure systems are protected against such problems as power interruptions.

(c) Identify the electronic media on which records are stored throughout their life cycle, the maximum time span that records remain on each storage media, and the official retention requirements as approved by the Division of Library and Information Services.

(d) Professional engineer drawings and documents: Maintain in unaltered form a record copy of any and all documents signed, dated and sealed by a professional engineer prior to or upon submission to the agency. The record copy of signed, dated and sealed documents must be retained in unaltered form for the duration of the record’s retention period. This provision does not prohibit agencies from scanning the unaltered document and maintaining the scanned copy as the record copy.

(e) State agencies shall, and other agencies are encouraged to, establish and maintain integrity controls for record copies of electronic records in accordance with the requirements of Chapter 282, F.S.

(8) For storing record copies of electronic public records throughout their life cycle, agencies shall select appropriate media and systems which meet the following requirements:

(a) Permit easy and accurate retrieval in a timely fashion;

(b) Retain the records in a usable format until their authorized disposition and, when appropriate, meet the requirements necessary for transfer to the Florida State Archives.

Flash memory media (such as thumb drives, SD cards, CF cards, micro-SD cards);
Audio cassette tape;
VHS video cassette tape;
Floppy disks.

(d) Permanent or long-term records may be stored using one or more of the following methods:

Hard drive, preferably high-reliability, solid-state drive (SSD); spinning hard disk drive (HDD) is also acceptable;
Optical disc, preferably write-once discs with an inert dye layer;
Polyester-based magnetic data tape;
Cloud storage, preferably high-reliability, web-based storage services.

(e) Standard. A scanning density with a minimum of 300 PPI is required for scanned images created by the agency from hard copy permanent or long-term records.

(f) Record copies of scanned images created by the agency from hard copy permanent or long-term records must be stored in accordance with a published International Organization for Standardization (ISO) open standard image format.

(g) The following factors are to be considered before selecting a storage media or converting from one media to another:

The authorized retention of the records as determined during the scheduling process;
The maintenance necessary to retain the records;
The cost of storing and retrieving the records;
The access time to retrieve stored records;
The portability of the medium (that is, selecting a medium that can be read by equipment offered by multiple manufacturers); and,
The ability to transfer the information from one medium to another, such as from optical disk to magnetic tape.

(9)(a) Agencies shall back up electronic records on a regular basis to safeguard against the loss of information due to equipment malfunctions, human error or other disaster. Additional backups are strongly recommended for permanent and long-term records. Backups created for disaster recovery purposes, and all preservation duplicates of permanent or long-term records, shall be maintained in an off-site storage facility, which may include cloud storage, geographically separated from the risks associated with the agency’s location. The storage environment must be maintained at constant temperature (below 68 degrees Fahrenheit) and relative humidity (30 to 45 percent) levels. Storage and handling of permanent or long-term records on magnetic tape shall conform to the standards contained in Standard AES22-1997 (r2008) “AES recommended practice for audio preservation and restoration – Storage and handling – Storage of polyester-base magnetic tape” https://www.flrules.org/Gateway/reference.asp?No=Ref-13889 (published 1997, reaffirmed 2003 and 2008, stabilized 2012) which is hereby incorporated by reference and made a part of this rule. This publication is available from the Audio Engineering Society, Incorporated at the Internet Uniform Resource Locator: https://www.aes.org/publications/standards/search.cfm?docID=25. If an agency cannot practicably maintain backups and preservation duplicates as required in this section, the agency shall document the reasons why it cannot do so. Other electronic records media should be stored in a cool, dry, dark environment when possible (maximum temperature 73 degrees Fahrenheit, relative humidity 20-50 percent).

(b) Agencies shall annually read a statistical sample of all electronic media containing permanent or long-term records to identify any loss of information and to discover and correct the cause of data loss.

(c) Agencies shall conduct data integrity testing on all media containing permanent or long-term electronic records at least every 10 years and verify that the media are free of permanent errors. More frequent testing (e.g. at least every 5 years) is highly recommended. If a checksum was previously run on the digital media, testing can be conducted by running the same checksum.

(d) Agencies shall rewind tape reels immediately before use to restore proper tension, or at a minimum every three years. When tapes with extreme cases of degradation are discovered, they should be rewound to avoid more permanent damage and copied to new media as soon as possible. Tapes shall be played continuously from end to end to ensure even packing. Tapes shall be stored so that the tape is all on one reel or hub. The requirement for rewinding does not apply to tape cartridges.

(e) External labels (or the equivalent automated management system) for electronic recording media used to store permanent or long-term records shall provide unique identification for each storage media, including:

The name of the organizational unit responsible for the data;
System title, including the version number of the application;
Special security requirements or restrictions on access, if any; and,
Software in use at the time of creation.

(f) Standard. For all media used to store permanent or long-term electronic records, agencies shall maintain human readable information specifying recording methods, formats, languages, dependencies and schema sufficient to ensure continued access to, and intellectual control over, the records. Additionally, the following information shall be maintained for each media used to store permanent or long-term electronic records:

File title;
Dates of creation;
Dates of coverage; and,
Character code/software dependency.

(g) Electronic records storage media shall not be stored closer than 6 feet to sources of magnetic fields, including generators, elevators, transformers, loudspeakers, microphones, headphones, magnetic cabinet latches and magnetized tools.

(h) Electronic records on magnetic tape or disk shall not be stored in metal containers unless the metal is non-magnetic. Storage containers shall be resistant to impact, dust intrusion and moisture. Compact disks shall be stored in hard cases, and not in cardboard, paper or flimsy sleeves.

(i) Agencies shall ensure that record copies of electronic records are maintained by personnel properly trained in the use and handling of the records and associated equipment.

(j) Agencies shall establish and adopt procedures for external labeling of physical storage media and for descriptive file naming and/or labeling of electronic files and directories so that all authorized users can identify and retrieve the stored information.

(k) Agencies shall convert storage media to provide compatibility with the agency’s current hardware and software to ensure that information is not lost due to changing technology or deterioration of storage media. Before conversion of information to different media, agencies must determine that authorized disposition of the electronic records can be implemented after conversion. Permanent or long-term electronic records shall be transferred to new media compliant with this rule as needed to prevent loss of information due to changing technology or deterioration of storage media.

(10) Each agency is responsible for ensuring the continued accessibility and readability of public records throughout the entire life cycle regardless of the format or media in which the records are maintained.

Agencies shall establish policies and procedures to ensure that electronic records and their documentation are retained and accessible as long as needed. These procedures shall include provisions for:

(a) Scheduling the retention and disposition of all electronic records, as well as related access documentation and indexes, in accordance with the provisions of Chapter 1B-24, F.A.C.

(b) Establishing procedures for regular recopying, reformatting and other necessary maintenance to ensure the retention and usability of the electronic records throughout their authorized life cycle.

(c) Transferring a copy of the electronic records and any related documentation and indexes to the Florida State Archives at the time specified in the records retention schedule, if applicable. Transfer may take place at an earlier date if convenient for both the agency and the Archives.

(11) Electronic records may be destroyed only in accordance with the provisions of Chapter 1B-24, F.A.C.

History

Rulemaking Authority 257.14, 257.36(1), 257.36(6) FS. Law Implemented 257.36(1)(a) FS. History–New 8-16-92, Amended 5-13-03, 5-21-08, 12-6-21.

Chapter 1B-30 RULEMAKING

Fla. Admin. Code R. 1B-30.001 Rule Numbering and Rule Titles

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.55(1)(c) FS. History–New 5-29-80, Formerly 1-1.01, Amended 10-1-84, 11-14-85, 4-10-90, 6-17-92, 4-1-96, 9-13-98, 6-20-02, Formerly 1S-1.001, Amended 3-8-09, Transferred to 1-1.008.

Fla. Admin. Code R. 1B-30.0015 Definitions

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.55(1)(c) FS. History–New 9-2-93, Amended 4-1-96, Formerly 1S-1.0015, Amended 3-8-09, Transferred to 1-1.009.

Fla. Admin. Code R. 1B-30.002 Style and Form for Filing Rules; Certification Accompanying Materials

History

Rulemaking Authority 20.10(3), 120.54(1)(i)6, 120.54(1)(j), 120.55(1)(d) FS. Law Implemented 120.54(1)-(4), (6), 120.55, 403.8055 FS. History–New 5-29-80, Formerly 1-1.02, Amended 12-30-81, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 10-1-96, 9-13-98, 8-23-99, 6-20-02, Formerly 1S-1.002, Amended 3-8-09, 1-1-11, Transferred to 1-1.010.

Fla. Admin. Code R. 1B-30.003 Publication of Notices in the Florida Administrative Weekly (FAW)

History

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.54(2), 120.542(6), (8), 120.55(1), (3) FS. History–New 5-29-80, Formerly 1-1.021, Amended 7-12-81, 12-30-81, 7-8-82, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 9-2-93, 4-1-96, 10-1-96, 9-13-98, 6-20-02, Formerly 1S-1.003, Amended 3-8-09, Transferred to 1-1.011.

Fla. Admin. Code R. 1B-30.004 Legal Citations and History Notes

History

Rulemaking Authority 120.55(1)(c) FS. Law Implemented 120.54(3), 120.55(1)(c) FS. History–New 5-29-80, Formerly 1-1.03, Amended 10-1-84, 11-14-85, 9-13-98, Formerly 1S-1.004, Amended 3-8-09, Transferred to 1-1.012.

Fla. Admin. Code R. 1B-30.005 Materials Incorporated by Reference

History

Rulemaking Authority 20.10(3), 120.54(1)(i)6., 120.55(1)(d) FS. Law Implemented 120.54(1)(i), 120.55 FS. History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 1S-1.005, Amended 3-8-09, 1-1-11, Transferred to 1-1.013.

Fla. Admin. Code R. 1B-30.007 Uniform Indexing Procedures

History

Rulemaking Authority 120.54(1)(j) FS. Law Implemented 120.54(1)(j) FS. History–New 5-29-80, Formerly 1-1.06, Amended 2-9-84, 10-1-84, 11-14-85, 1-1-92, 9-13-98, Formerly 1S-1.007, Transferred to 1-1.014.

Chapter 1B-31 REAL PROPERTY ELECTRONIC RECORDING

Fla. Admin. Code R. 1B-31.001 General

(1) This rule prescribes standards for electronic recording of real property documents in those Florida counties in which the county recorder elects to accept electronic real property documents for recordation.

(2) These standards are based on recommendations of the Florida Electronic Advisory Committee and promulgated by the Department of State pursuant to section 695.27, F.S., Florida Uniform Real Property Electronic Recording Act.

(3) For the purpose of this chapter:

(a) “County Recorder” means the Clerk of the Circuit Court, County Comptroller, or other official county recording officer.

(b) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(d) “Metadata” means data describing other data to facilitate the understanding, use, and management of that data.

(e) “Open architecture” means computer architecture or software architecture that employs specifications that are open to the public to allow for adding, upgrading and exchange of components produced by a broad range of manufacturers.

(f) “Permanent or long-term” means any public records as defined by section 119.011(11), F.S., which have an established retention period of more than 10 years.

(g) “PDF” (Portable Document Format) means the file format originally created by Adobe Systems for document exchange allowing documents to be viewed as they were intended to appear. PDFs are a common format for image exchange or Web presentation.

(h) “TIFF” (Tagged Image File Format) means the variable-resolution bitmapped image format originally developed by the Aldus Corporation (now part of Adobe Systems) and published as ISO 12639:2004, Graphic technology-Prepress digital data exchange-Tag image file format for image technology (TIFF/IT). TIFF is a common format for high-quality black and white, gray-scaled, or color graphics of any resolution and is made up of individual dots or pixels.

(i) “URPERA” (Uniform Real Property Electronic Recording Act) means the body of recommended legislation released in 2004 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) for adoption by state legislatures. URPERA authorizes County Recorders to accept electronic documents for recording in accordance with established standards. Florida adopted a modified version of URPERA in 2007 (see section 695.27, F.S.).

(j) “Web portal” (gateway) means a site that functions as a point of access to information or services on the World Wide Web.

(k) “XML” (Extensible Markup Language) means an extensible document language for specifying document content. XML is not a predefined markup language but a metalanguage – a language for describing other languages – allowing the user to specify a document type definition (DTD) and design customized markup languages for different classes of documents.

History

Rulemaking Authority 695.27(5)(a) FS. Law Implemented 695.27(5)(a) FS. History–New 5-22-08.

Fla. Admin. Code R. 1B-31.002 Florida Real Property Electronic Recording Standards

(1) Technical standards and implementation guidelines.

(a) Electronic recording of real property documents shall meet technical standards for document formatting and document data fields and follow implementation guidelines as prescribed by the Property Records Industry Association (PRIA) which are hereby incorporated by reference, made a part of this rule, and listed below:

PRIA Request Version 2.4.2, August 2007;
PRIA Response Version 2.4.2, August 2007;
Document Version 2.4.1, October 2007;
Notary Version 2.4.1, October 2007;
eRecording XML Implementation Guide for Version 2.4.1, Revision 2, March 2007;
URPERA Enactment and eRecording Standards Implementation Guide, January 2006.

These standards are available from the Property Records Industry Association, 2501 Aerial Center Parkway, Ste. 103, Morrisville, NC 27560, and at the Internet Uniform Resource Locator: http://www.pria.us/cart/publications.htm.

(b) eRecording shall be offered and conducted in accordance with the models of submission described in the URPERA Enactment and eRecording Standards Implementation Guide, Section 2.3, eRecording Models.

(c) Each County Recorder who accepts documents for eRecording shall provide open architecture for reception of electronic documents. All reception software, including Web portals, must support PRIA standard Version 2.4.1.

(2) Web Portals.

(a) If the World Wide Web is used as the medium for electronic document delivery, the County Recorder shall designate for use a Web portal that supports the three models of submission described in the URPERA Enactment and eRecording Standards Implementation Guide, section 2.3, eRecording Models, and complies with the security requirements specified in subsection 1B-31.002(4), F.A.C. of this rule.

(b) A document delivered over the Web should provide a minimum amount of information in the delivery package sufficient to identify and authenticate the sender to the County Recorder, while also itemizing the contents of the package.

(c) Payment processing, if supplied at the portal, shall comply with the 2008 ACH Operating Rules & Guidelines, which is hereby incorporated by reference and made a part of this rule. This publication is available from NACHA-The Electronic Payments Association, 13450 Sunrise Valley Drive, Suite 100 Herndon, VA 20171, and at the Internet Uniform Resource Locator: http://pubs.nacha.org/rules.html. The County Recorder and portal provider shall determine the portal’s payment processing capabilities, and each County Recorder shall designate approved methods of payment, which may include credit cards, ACH (automated clearing house), escrow accounts, electronic checks, or other methods.

(3) Business Rules.

(a) County Recorders shall establish and publish Business Rules that govern how eRecording will be conducted. A set of Model County Recorder Business Rules appears in Appendix H of the Florida Electronic Recording Advisory Committee Final Report (November 30, 2007), which is hereby incorporated by reference, and made a part of this rule. County Recorders may modify this model set of Business Rules to fit the needs of individual counties.

(b) The Business Rules may be in electronic or hard copy format and may appear on a portal or the County Recorder’s website. The parties’ electronic acknowledgement of acceptance of the terms of the Business Rules is acceptable.

Defined technical specifications;
Document and indexing specifications;
Hours of operations and processing schedules;
Payment options;
Termination terms;
Document Rejection rights;
Statement that any amendments and/or alterations to the Business Rules will be published with adequate notice before taking effect;
Statement identifying the venue of any litigation arising between the parties.

(4) Security.

(a) All electronic documents must be secured in such a way that both the transmitting and receiving parties are assured of each other’s identity and that no unauthorized party can view or alter the electronic document during transmission, processing, and delivery. If followed through the entire electronic document process of execution through recording, the security measures identified in Chapter 6 of the eRecording XML Implementation Guide for Version 2.4.1, Revision 2, March 2007 satisfy this requirement.

(b) Each County Recorder who elects to accept electronic real property documents for recordation shall implement reasonable measures such that each electronic document accepted for recordation is protected from alteration and unauthorized access.

(5) Electronic signatures. County Recorders are only required to accept electronic signatures that they have the technology to support. County Recorders have no responsibility to authenticate electronic signatures embedded within the body of the document.

(6) County Recorders have no responsibility for verifying or authenticating notary signatures and acknowledgments. Transactions filed pursuant to section 695.27, F.S. must comply with section 117.021, F.S., Electronic notarization, in those instances when an electronic notarization is used.

(7) File formats for erecording. Electronically recorded documents shall be converted to (if necessary) and stored in accordance with the TIFF 6.0 specification published as ISO 12639:2004, Graphic technology-Prepress digital data exchange-Tag image file format for image technology (TIFF/IT), or the PDF Version 1.7 specification (November 2006), which specifications are hereby incorporated by reference and made a part of this rule. The PDF 1.7 specification is available from Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, and at the Internet Uniform Resource Locator: http://www.adobe.com/devnet/pdf/pdf_reference.html. The TIFF 6.0 specification published as ISO 12639:2004 is available from the American National Standards Institute, 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417, and at the Internet Uniform Resource Locator: http://webstore.ansi.org/RecordDetail.aspx?sku=ANSI+CGATS%2fISO+12639-2004.

(8) Processing. County Recorders will process each eRecording in accordance with section 695.11, F.S., Instruments deemed to be recorded from time of filing, and section 28.222, F.S., Clerk to be county recorder.

(9) Records retention and preservation. County Recorders must retain all records in their custody in accordance with Florida law and the requirements detailed in records retention schedules published by the Department of State’s Division of Library and Information Services applicable to County Recorders. Maintenance and preservation of permanent or long-term imaged documents shall be in accordance with Rule 1B-26.0021, F.A.C., Microfilm Standards, or Rule 1B-26.003, F.A.C., Electronic Recordkeeping.

(10) Payment of recording fees. County Recorders shall collect electronic recording fee payments, without incurring unreasonable electronic processing fees, as prescribed by Florida Statutes, section 28.24, F.S., Service charges by clerk of the circuit court; section 199.133, F.S., Levy of nonrecurring tax; section 201.01, F.S., Documents taxable, generally; section 201.02, F.S., Tax on deeds and other instruments relating to real property or interests in real property; and section 201.08, F.S., Tax on promissory or nonnegotiable notes, written obligations to pay money, or assignments of wages or other compensation; exception. Each County Recorder may collect eRecording fees in a manner compatible with its internal software and financial practices.

Rulemaing Authority 695.27(5)(a) FS. Law Implemented 695.27(5)(a) FS. History–New 5-22-08.

Chapter 1B-32 INDEXING, MANAGEMENT, AND AVAILABILITY OF FINAL ORDERS

Fla. Admin. Code R. 1B-32.001 General Information

(1) Pursuant to sections 120.53(1) and 120.533, F.S, this chapter establishes the minimum requirements for indexing final orders. Agencies may index and publish additional final orders as needed.

(2) Agency orders that must be indexed are set forth in section 120.53(1)(a)2.c., F.S. Agencies shall maintain a list of final orders made by stipulation, agreed settlement, or consent order which are not required to be indexed. Final orders that must be indexed or listed pursuant to this chapter shall be maintained by each agency pursuant to the records retention schedule approved by the Department of State, Division of Library and Information Services.

(3) Public Inspection. The following shall be made available by each agency for public inspection and copying, at no more than actual cost:

(a) All rules adopted by the agency in the discharge of its rulemaking functions pursuant to Chapter 1B-30, F.A.C.;

(b) All final orders;

(d) A list of final orders that are not required to be indexed.

(4) If an agency contracts with a publishing firm to act as its official reporter, the publishing firm must have the capacity to timely index and publish the agency’s final orders, index and list. The official reporter that is designated by the agency shall be approved by the Department of State.

History

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2) FS. History–New 1-1-92, Amended 3-25-97, Formerly 1S-6.001.

Fla. Admin. Code R. 1B-32.002 Minimum Indexing Requirements

(1) Numbering of Final Orders.

(a) All final orders that are required to be indexed or listed shall be sequentially numbered using a two-part number separated by a dash. The number preceding the dash should indicate the year and the number following the dash should indicate the numerical sequence of the order issued for that year beginning with the number “1” each new calendar year. The assigned agency prefix as indicated in paragraph (c) below shall precede the two-part number. The order category may be added as a suffix succeeding the two-part number.

(b) Following the agency designation, two-part number, and order category, the agency may include the discipline and violation involved in the order and other similar information.

(c) The agency shall submit the prefixes indicating agency designations to the Department of State for approval as required in this chapter prior to the adoption of its indexing rule. An agency prefix designation shall represent the name of the agency and shall not be identical for different agencies.

(d) The order category shall be abbreviated as follows:

–

Declaratory statement

FOI

–

Final order informal proceeding

FOF

–

Final order formal proceeding

–

Stipulation

–

Agreed settlement

–

Consent order

(e) Examples of numbers assigned to a declaratory statement of the Department of Business and Professional Regulation, and to a final order in an informal proceeding of the Florida Elections Commission are as follows:

Agency designation

Two-part number

Order category

Discipline/Board, etc.

Violation

DBPR

91-3

MED

DOS

2-1

92-1

FOI

FEC

(2) System for Indexing Final Orders. Each agency shall maintain an alphabetical subject matter index or an electronic data base of final orders required to be indexed.

(a) The alphabetical subject matter index shall be hierarchical in format. The headings shall be organized by subject and shall be broad enough to incorporate the subject titles from the Florida Statutes under which the order is rendered. The name of the indexing agency cannot be used for subject headings or titles. The indentations below the subject headings or titles shall be more specific with the final indentation being the most specific. Related key words (specific words, terms or phrases) and common and colloquial words shall be cross-referenced. Order numbers shall be listed sequentially in an indentation immediately below the applicable heading.

(b) The following examples illustrate the above indexing principles:

Comprehensive plan

Urban sprawl

Exceptions

DCA 89-2645, DCA 89-2741, DCA 89-3202

Urban sprawl

Comprehensive plan. See that subject.

(c) An agency may use other indexing principles such as the principles of indexing used in the Florida Statutes, as follows:

Dietetics and nutrition practitioner

Dietitian (see herein Licenses)

Licenses

Dietitian/nutritionist

PR 91-10; PR 91-32; PR 91-51

Nutritionist (see herein Licenses, Dietitian/nutritionist)

Nutrition

Nutrition practitioners, See DIETETICS AND NUTRITION PRACTITIONERS

(d) The agency shall designate the major subject headings to be used in the index. These subject headings shall be referred to by the agency indexer and subsequent similar entries shall be indexed under the existing appropriate heading. The index must be cumulative for at least one year, updated at least every 120 days and made accessible to the public.

(e) If an electronic database is used by an agency, it shall allow users to research and retrieve agency orders by searching the text of the order and descriptive information about the order, which shall contain, at a minimum, major subject headings. To promote consistent, reliable indexing, the indexing system for an electronic database shall have fixed fields to ensure common usage of search terms by anyone that uses the system.

(f) In addition to the indexes required by this chapter, an agency may create additional indexes for final orders as needed.

History

Rulemaking Authority 120.533 FS. Law Implemented 120.53(1)-(4) FS. History–New 1-1-92, Amended 3-25-97, Formerly 1S-6.002.

Fla. Admin. Code R. 1B-32.003 Maintenance of Agency Final Orders

(1) Pursuant to section 120.53, F.S., agencies are required to transmit final orders rendered on or after July 1, 2015, to a centralized electronic database. The Division of Administrative Hearings (DOAH) has been designated as the centralized electronic database of agency final orders. It is the responsibility of each agency to create an account and submit their final orders to the centralized database.

(2) The final orders that must be filed with DOAH are set forth in section 120.53(2), F.S.

(3) To be filed in DOAH’s centralized electronic database, a final order must meet the following criteria:

(a) It shall be electronically transmitted to DOAH pursuant to subsection (4), below, no later than 90 days after being rendered.

(b) It shall be submitted in an ADA-compliant and text searchable PDF format, with a maximum file size of 25 MB.

(c) It must be secured with a digital signature, as defined by section 668.003, F.S., and retain metadata sufficient to establish that the electronic order filed is a true copy of the original final order and has not been modified.

(4) Agency final orders must be electronically transmitted to the DOAH through its eALJ portal (https://www.doah.state.fl.us/eALJ/Login.aspx?ReturnUrl=%2feALJ%2f).

(5) Each filing agency must follow the instructions provided on the DOAH eALJ website to register for electronic filing and to file final orders. Each agency must designate at least one person who has authority to file through the eALJ portal on behalf of the agency, prior to or upon submitting the Electronic Filing Registration form provided at https://www.doah.state.fl.us/eALJ/Registration.aspx. The designated person must obtain access by contacting DOAH’s Clerk.

(6) Only those persons designated by a filing agency under this rule may file final orders with DOAH through the eALJ portal.

(7) Each filing agency shall be responsible for ensuring proper training for each person it designates and for ensuring the security of access through its designated persons. Within 48 hours of a designated person separating from a filing agency or otherwise ceasing to be a designated person under this rule, the filing agency shall notify DOAH and have that designated person’s access to the database cancelled.

(8) DOAH shall be responsible for continued maintenance and update of the list of designated persons for each filing agency and for the ongoing security of access to the electronic database.

(9) In final orders where personal, privileged, or private information has been deemed confidential by law and, therefore, not subject to a public records request or generally available for viewing by the public, the agency that has redacted the final order prior to transmitting it to DOAH shall retain an original, unredacted copy.

History

Rulemaking Authority 120.533 FS. Law Implemented 119.021, 120.53, 120.533 FS. History–New 9-26-16.

Division 1P Florida Folklife Program

Chapter 1P-1 ORGANIZATIONAL RULES

Fla. Admin. Code R. 1P-1.001 Florida Folklife Program and Florida Folklife Council

History

Rulemaking Authority 120.53(1), 267.161, 267.16(2) FS. Law Implemented 267.16(1), 267.161 FS. History-New 8-9-81, Amended 12-20-82, Formerly 1P-1.01, Amended 1-15-96, Repealed 2-27-97.

Fla. Admin. Code R. 1P-1.002 Director

History

Rulemaking Authority 120.53(1), 267.16(2) FS. Law Implemented 267.16(6) FS. History-New 8-9-81, Formerly 1P-1.02, Repealed 1-19-93.

Fla. Admin. Code R. 1P-1.0021 Folklorist

History

Rulemaking Authority 120.53, 267.16(5) FS. Law Implemented 267.16(6) FS. History-New 1-19-93, Repealed 2-27-97.

Fla. Admin. Code R. 1P-1.003 General Description of Program Organization and Operations

History

Rulemaking Authority 120.53 FS. Law Implemented 265.137(1) FS. History-New 8-9-81, Formerly 1P-1.03, Repealed 12-20-82.

Fla. Admin. Code R. 1P-1.004 General Information Concerning Program

History

Rulemaking Authority 120.53(1), 267.16(2) FS. Law Implemented 267.16(3) FS. History-New 8-9-81, Amended 12-20-82, Formerly 1P-1.04, Repealed 12-18-95.

Fla. Admin. Code R. 1P-1.005 Statutory Chapters and Rules; Public Records

History

Rulemaking Authority 120.53(1), 267.16(2) FS. Law Implemented 267.16(2), 119.031, 119.08 FS. History-New 8-9-81, Amended 12-20-82, Formerly 1P-1.05, Amended 1-19-93, Repealed 12-18-95.

Fla. Admin. Code R. 1P-1.006 Florida Folklife Council

History

Rulemaking Authority 120.53(1), 267.16(2) FS. Law Implemented 267.16(5) FS. History-New 1-19-93, Repealed 12-18-95.

Fla. Admin. Code R. 1P-1.007 Florida Folklife Archive

History

Rulemaking Authority 267.16(2) FS. Law Implemented 267.16(1) FS. History–New 1-15-96, Repealed 3-20-16.

Fla. Admin. Code R. 1P-1.008 Florida Folklife Festival

History

Rulemaking Authority 267.16(2) FS. Law Implemented 267.16(1), (5) FS. History–New 1-15-96, Repealed 5-8-16.

Fla. Admin. Code R. 1P-1.009 Florida Folklife Program

(1) Folk artists are individuals who maintain traditions in creative and symbolic forms such as custom, belief, technical skill, language, literature, art, architecture, music, play, dance, drama, ritual, pageantry, and handicraft, which forms are generally learned orally, by imitation or in performance and are maintained or perpetuated without formal instruction or institutional direction.

(2) A function of the Florida Folklife Program is to promote Florida folklife through festivals, conferences, and seminars in which folk artists, folklife interpreters, and collectors are regularly engaged to perform or demonstrate. Because traveling expenses are often high, the Florida Division of Historical Resources (Division) may advance payment of expenses to individuals in the manner provided in section 112.061, F.S., so as to facilitate the participation of those individuals who otherwise could not afford to attend. When making the decision to advance payment to an individual, the Division shall consider the individual’s demonstrated financial need.

(3) The Florida Folklife Apprenticeship Program of the Department of State preserves and promotes Florida’s cultural heritage by providing an opportunity for master folk artists to share their technical skills and cultural knowledge with apprentices who will carry forward these traditions. General information, application instructions, deadlines, application forms and methods of selection are set forth in the Florida Folklife Apprenticeship Program Guidelines and Application, which is herein incorporated by reference (Form #HR3E23 effective 05/2016 https://www.flrules.org/Gateway/reference.asp?No=Ref-06658).

History

Rulemaking Authority 267.16(2), (3) FS. Law Implemented 267.16(1), 267.161(2) FS. History–New 3-12-00, Amended 5-8-16.

Division 1C Secretary of State

Chapter 1C-18 FLORIDA CIVIL-LAW NOTARY

Fla. Admin. Code R. 1C-18.001 Florida Civil-law Notary

History

Rulemaking Authority 118.10(5) FS. Law Implemented 118.10 FS. History–New 6-15-98, Amended 10-8-98, Transferred to 1N-6.001.