Fla. Admin. Code R. 1S-2.010

Current through Reg. 50, No. 235-239, December 10, 2024

Section 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:

1. Supervisors of Elections.

2. Candidates.

3. Local officers having election related duties.

4. Political parties.

5. Registered political committees.

6. Certified committees of continuous existence.

7. 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.

(c) Statutory provision(s) of Florida election law on which advisory opinion is sought.

(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.

(c) The Division's advisory opinion shall include one of the following responses:

1. You are eligible to register and to vote.

2. You are ineligible to register or to vote.

3. 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.

Fla. Admin. Code Ann. R. 1S-2.010

Rulemaking Authority 106.22(9) FS. Law Implemented 106.23(2) FS.

New 9-17-79, Amended 1-31-80, Formerly 1C-7.10, 1C-7.010, Amended 12-9-03, Amended by Florida Register Volume 50, Number 222, November 13, 2024 effective 11/28/2024.

New 9-17-79, Amended 1-31-80, Formerly 1C-7.10, 1C-7.010, Amended 12-9-03.