HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 721 Harassment of Election Workers
SPONSOR(S): Criminal Justice Subcommittee, Casello
TIED BILLS: IDEN./SIM. BILLS: SB 562
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 18 Y, 0 N, As CS Leshko Hall
2) State Affairs Committee 21 Y, 0 N Skinner Williamson
3) Judiciary Committee
SUMMARY ANALYSIS
A county canvassing board (CCB) is the body that canvasses the vote for an election in that county. The CCB is
composed of the supervisor of elections (supervisor), the chair of the board of county commissioners, and a county
court judge. Election boards consist of poll workers known as clerks and inspectors that are appointed by the
supervisor to conduct an election. Poll workers have a number of statutory duties relating to the conduct of
elections.
Florida law contains several provisions prohibiting various forms of threats and harassment. Section 104.0615, F.S.,
provides that it is a third-degree felony for a person to directly or indirectly use or threaten to use force, violence, or
intimidation or any tactic of coercion or intimidation to induce or compel an individual to refrain from acting as a
legally authorized election official or poll watcher; or knowingly use false information t o induce or attempt to induce
an individual to refrain from acting as a legally authorized election official or poll watcher.
Section 838.021, F.S., provides that it is a second-degree felony to harm, or a third-degree felony to threaten to
harm, any public servant, his or her immediate family, or any other person whose welfare the public servant is
interested, with the intent to: influence the performance of any act or omission that the person believes to be, or that
the public servant represents as being, within the official discretion of the public servant, in violation of a public duty,
or in performance of a public duty; or cause or induce the public servant to use or exert any influence on another
public servant regarding any act or omission that the person believes to be, or that the public servant represents as
being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public
duty.
Section 784.048, F.S., provides that it is a first-degree misdemeanor to willfully, maliciously, and repeatedly follow,
harass, or cyberstalk another person. However, Florida law does not specifically prohibit a person from intimidating,
threatening, coercing, or harassing an election worker with the intent to impede or interfere with the election
worker’s official duties or to retaliate against the election worker for the performance of his or her official duties.
The bill creates s. 104.0614, F.S., to prohibit a person from intimidating, threatening, coercing, or harassing an
election worker with the intent to impede or interfere with the performance of the election worker’s official duties or
with the intent to retaliate against the election worker for performing his or her official duties. A violation of the
prohibition is a first-degree misdemeanor. The bill defines “election worker” as a member of a CCB or an individual
who is an election official or poll worker in connection with an election conducted in this state.
The bill may have a positive indeterminate impact on jail beds by creating a new misdemeanor offense for
harassment of election workers, which may result in more jail admissions.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Voter Intimidation or Suppression
Under s. 104.0615, F.S., it is a third-degree felony for a person to:1,2
 Directly or indirectly use or threaten to use force, violence, or intimidation or any tactic of
coercion or intimidation to induce or compel an individual to refrain from acting as a legally
authorized election official or poll watcher.3
 Knowingly use false information to induce, or attempt to induce, an individual to refrain from
acting as a legally authorized election official or poll watcher. 4
Threats Against a Public Servant
Under s. 838.021, F.S., it is unlawful to harm or threaten to harm any public servant, 5 his or her
immediate family, or any other person with whose welfare the public servant is interested, with the
intent to:
 Influence the performance of any act or omission that the person believes to be, or that the
public servant represents as being, within the official discretion of the public servant, in violation
of a public duty, or in performance of a public duty.
 Cause or induce the public servant to use or exert, or procure the use or exertion of, any
influence on another public servant regarding any act or omission that the person believes to
be, or that the public servant represents as being, within the official discretion of the public
servant, in violation of a public duty, or in performance of a public duty. 6
A person commits a second-degree felony7 if he or she unlawfully harms a public servant or any person
whose welfare the public servant is interested, and a third-degree felony if he or she threatens to
unlawfully harm such a person.8
Stalking
Under s. 784.048, F.S., it is a first-degree misdemeanor9 to willfully, maliciously, and repeatedly follow,
harass, or cyberstalk another person.10 The severity of the offense is increased to a third-degree felony
if the offender also makes a credible threat to the person. 11
“Harass” means to engage in a course of conduct directed at a specific person which causes
substantial emotional distress to that person and serves no legitimate purpose. 12
1 A third-degree felony is punishable by up to five years’ imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
2 S. 104.0615(5), F.S.
3 S. 104.0615(2)(d), F.S.
4 S. 104.0615(3)(c), F.S.
5
Section 838.014(7), F.S., defines a “public servant” as: 1) any officer or employee of a governmental entity, including any e xecutive,
legislative, or judicial branch officer or employee; 2) any person, except a witness, who acts as a general or special m agistrate,
receiver, auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function; or 3) a candidate
for election or appointment to any of the officer positions listed in this subsection, or an individual wh o has been elected to, but has yet
to officially assume the responsibilities of, public office.
6 S. 838.021(1), F.S.
7 A second-degree felony is punishable by a term of imprisonment not exceeding 15 years and a $10,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
8 S. 838.021(3)(a)-(b), F.S.
9 A first-degree misdemeanor is punishable by up to one year imprisonment and a $1,000 fin e. Ss. 775.082 and 775.083, F.S.
10 S. 784.048(2), F.S.
11 S. 784.048(3), F.S.
12 S. 784.048(1)(a), F.S.
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 “Cyberstalk” means the following actions when those actions cause substantial emotional distress to
the affected person and serve no legitimate purpose:
 Engaging in a course of conduct to communicate, or to cause to be communicated, directly or
indirectly, words, images, or language by or through the use of electronic mail or electronic
communication, directed at or pertaining to a specific person; or
 Accessing, or attempting to access, the online accounts or Internet-connected home electronic
systems of another person without that person’s permission. 13
While current Florida law prohibits various forms of threats and harassment, it does not specifically
prohibit a person from intimidating, threatening, coercing, or harassing an election worker with the
intent to impede or interfere with the election worker’s official duties or to retaliate against the election
worker for the performance of his or her official duties.
Election Workers
County Canvassing Boards
A county canvassing board (CCB) is the body that canvasses the vote for an election in that county. 14
The CCB is composed of the supervisor of elections (supervisor), the chair of the board of county
commissioners, and a county court judge, who serves as chair. 15 CCBs are also responsible for filing
the county returns for the election of a federal or state officer with the Department of State immediately
after certification of the election results.16
Election Boards
An election board consists of poll workers known as clerks 17 and inspectors that are appointed to
conduct an election.18 The clerk is in charge of and responsible for seeing that the election board
carries out its duties and responsibilities.19 The supervisor of each county must, at least 20 days prior to
the holding of any election, appoint an election board for each precinct 20 in the county.21 The supervisor
must conduct training for clerks and inspectors before each election.22 Election boards have a number
of statutory duties relating to the conduct of elections, including:
 Attending the polling place by 6:00 a.m. the day of the election. 23
 Arranging the furniture, stationery, and voting equipment.24
 Checking in voters and confirming their identity.25
 Overseeing the casting of ballots by eligible voters. 26
 Counting the ballots cast and securing the voting devices against further voting. 27
 Proclaiming the results.28
13 S. 784.048(1)(d), F.S.
14 S. 102.141(3), F.S.
15 S. 102.141(1), F.S. A CCB member will be replaced pursuant to a specified procedure in the Florida Election Code if he or is 1)
unable to serve; 2) a candidate who has opposition in the election being canvassed; or 3) is an active participant in the cam paign or
candidacy of any candidate who has opposition in the election being canvassed.
16
S. 102.112(1), F.S.
17 A “clerk” means “[t]he person who is in charge of a polling place during an election. The term also refers to the supervisor or site
manager at early voting sites.” Department of State, Division of Elections, Polling Place Procedure Manual, availab le at
https://files.floridados.gov/media/703005/adopted-clean-de11_pollplaceprocmanual.pdf (last visited Feb. 1, 2024).
18 S. 97.021(14), F.S.; see also s. 102.012(1)(a), F.S.
19
S. 102.012(1)(a), F.S.
20 A “precinct” refers to “geographic areas that local government has divided for election purposes. The voter’s residential address
within a particular geographic area determines which issues and offices a voter can vote upon in an election.” Department of State,
Division of Elections, Polling Place Procedure Manual, availab le at https://files.floridados.gov/media/703005/adopted-clean-
de11_pollplaceprocmanual.pdf (last visited Feb. 1, 2024).
21 S. 102.012(1)(a), F.S.
22 S. 102.014(1), F.S.
23 S. 102.012(4), F.S.
24 Id.
25 S. 101.043(1), F.S.
26 S. 102.031, F.S.
27 S. 101.5614(1), F.S.
28 S. 102.071, F.S.
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 Election boards have “full authority to maintain order at the polls and enforce obedience to [the board’s]
lawful commands during an election and the canvass of the votes.” 29
Effect of Proposed Changes
The bill creates s. 104.0614, F.S., to prohibit a person from intimidating, threatening, coercing, or
harassing an election worker with the intent to impede or interfere with the performance of the election
worker’s official duties or with the intent to retaliate against the election worker for performing his or her
official duties. A violation of the prohibition is a first-degree misdemeanor.30
The bill defines “election worker” as a member of a CCB or an individual who is an election official 31 or
poll worker in connection with an election conducted in this state.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 104.0614, F.S., relating to harassment of election workers.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive indeterminate impact on jail beds by creating a new misdemeanor
offense for the harassment of election workers, which may result in more jail admissions.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
29 S. 102.031(1), F.S.
30 A first-degree misdemeanor is punishable by up to one year imprisonment and a $1,000 fine. Ss. 7 75.082 and 775.083, F.S
31 The Florida Election Code mentions “election officials” but does not specifically define the term. However, the term appears to be
used to refer to clerks, inspectors, deputy sheriffs serving at a precinct, and certain personnel w ithin supervisors of elections’ offices.
See s 102.014(1), F.S.
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 III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Criminal Justice Subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment:
 Removed language from the bill that prohibits a person from attempting to intimidate, threaten, coerce,
or harass an election worker.
 Reduced the penalty from a third-degree felony to a first-degree misdemeanor.
This analysis is drafted to the committee substitute as passed by the Criminal Justice Subcommittee.
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