I’ve just received a copy of an email that went out Lynn Hearn, general counsel of the Florida Department of State:

Supervisors,
This will confirm the oral discussions yesterday with several counties.
We are of the opinion that Governor Crist’s executive order extending early voting hours does not invoke section 101.049, Florida Statutes, which requires persons voting “after the regular poll-closing time pursuant to a court or other order extending the statutory polling hours” to vote a provisional ballot. We believe that this section, which is designed to implement Section 202(c) of HAVA, is intended to apply only to votes cast pursuant to an order extending the close of polls on election day and not to an extension of early voting. The purpose of the state and federal provisions is to identify and separate the ballots cast as a result of an order extending the polling hours, so that those ballots can be excluded from the election results in the event the order extending hours is reversed. In the present scenario, however, it would be impossible to say that votes cast during the extended early voting hours were cast solely due to the executive order, and would not have been cast in any event during regular early voting hours or on election day.
Therefore, persons voting during the newly extended early voting hours need not cast a provisional ballot.
If you have any additional questions, please feel free to contact us.

We will see if all of the Florida counties follow this directive.