Florida Statute 99.012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 99
CANDIDATES

View Entire Chapter

F.S. 99.012

99.012 Restrictions on individuals qualifying for public office.—

(1) As used in this section:

(a) “Officer” means a person, whether elected or appointed, who has the authority to exercise the sovereign power of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, the term “officer” means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter.

(b) “Qualify” means to fulfill the requirements set forth in s. 99.061(7)(a) or s. 105.031(5)(a).

(c) “Subordinate officer” means a person who has been delegated the authority to exercise the sovereign power of the state by an officer. With respect to a municipality, subordinate officer means a person who has been delegated the authority to exercise municipal power by an officer.

(2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other.

(3)(a) No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds.

(b) The resignation is irrevocable.

(c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek.

(d) The resignation must be effective no later than the earlier of the following dates:

1. The date the officer would take office, if elected; or

2. The date the officer’s successor is required to take office.

(e)1. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.

2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.

3. All other officers must submit their resignations to the Governor with a copy to the Department of State.

(f) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.

(g) Any officer who submits his or her resignation, effective immediately or effective on a date prior to the date of his or her qualifying for office, may then qualify for office as a nonofficeholder, and the provisions of this subsection do not apply.

(4)(a) Any officer who qualifies for federal public office must resign from the office he or she presently holds if the terms, or any part thereof, run concurrently with each other.

(b) The resignation is irrevocable.

(c) The resignation must be submitted at least 10 days before the first day of qualifying for the office he or she intends to seek.

(d) The written resignation must be effective no later than the earlier of the following dates:

1. The date the officer would take office, if elected; or

2. The date the officer’s successor is required to take office.

(e)1. An elected district, county, or municipal officer shall submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.

2. An appointed district, county, or municipal officer shall submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.

3. All other officers shall submit their resignations to the Governor with a copy to the Department of State.

(f)1. The failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she presently holds.

2. The Department of State shall send a notice of the automatic resignation to the Governor, and in the case of a district, county, or municipal officer, a copy to:

a. The officer before whom he or she qualified if the officer held an elective office; or

b. The officer or authority who appointed him or her if the officer held an appointive office.

(g) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.

(5) A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and who has qualified as a candidate for reelection to that office.

(6) If an order of a court that has become final determines that a person did not comply with this section, the person shall not be qualified as a candidate for election and his or her name may not appear on the ballot.

(7) This section does not apply to:

(a) Political party offices.

(b) Persons serving without salary as members of an appointive board or authority.

(8) Subsections (3) and (4) do not apply to persons holding any federal office. Subsection (4) does not apply to an elected officer if the term of the office that he or she presently holds is scheduled to expire and be filled by election in the same primary and general election period as the federal office he or she is seeking.

History.—s. 1, ch. 63-269; s. 2, ch. 65-378; s. 1, ch. 70-80; s. 10, ch. 71-373; s. 1, ch. 74-76; s. 3, ch. 75-196; s. 1, ch. 79-391; s. 47, ch. 81-259; s. 1, ch. 83-15; s. 28, ch. 84-302; s. 31, ch. 91-107; s. 534, ch. 95-147; s. 1, ch. 99-146; s. 1, ch. 2000-274; s. 14, ch. 2007-30; s. 14, ch. 2008-4; s. 9, ch. 2008-95; s. 12, ch. 2011-40; s. 1, ch. 2018-126; s. 11, ch. 2021-11; s. 13, ch. 2023-120.

F.S. 99.012 on Google Scholar

F.S. 99.012 on Casetext

Amendments to 99.012

Arrestable Offenses / Crimes under Fla. Stat. 99.012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 99.012.

Annotations, Discussions, Cases:

Cases Citing Statute 99.012

Total Results: 20

Golden v. Satcher

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-09T00:00:00-07:00

Snippet: quot; § 99.012(3)(f), Fla. Stat. (2024). By enacting the current version of section 99.012(3)(f),…that under the Florida Constitution and section 99.012, Florida Statutes (2024)—the "resign-to-run…position to qualify to run for the legislature. See § 99.012(3)(a), Fla. Stat. (2024) ("No officer may …official in his or her letter of resignation." § 99.012(3)(f) (emphasis added). Consistent with our reading…court should ignore the plain language of section 99.012(3)(f). Instead, he insists, we should follow Advisory

League of Women Voters of Florida v. Rick Scott, Governor

Court: Fla. | Date Filed: 2018-11-16T00:00:00-08:00

Citation: 257 So. 3d 900

Snippet: quot;Of course, resignations under Fla. Stat. s 99.012, F.S.A. (Resign to Run Law) or under similar circumstances

WYLIE BILLUPS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-27T00:53:00-07:00

Snippet: 775.087, which was added in 1999, see ch. 99–12, § 1, at 538–42, Laws of Fla., and the accompanying… this act . . . Id. at 611-12, quoting Ch. 99-12, Laws of Fla., at 537-38 (Emphasis added). Against

Tyrone Williams v. State of Florida

Court: Fla. | Date Filed: 2017-12-20T23:53:00-08:00

Snippet: Life statute in 1999, id. at 749-50 (examining ch. 99-12, at 537, Laws of Fla.), and concluded that our

Leronnie Lee Walton v. State of Florida

Court: Fla. | Date Filed: 2016-12-01T00:00:00-08:00

Citation: 208 So. 3d 60, 41 Fla. L. Weekly Supp. 587, 2016 Fla. LEXIS 2598

Snippet: punished to the fullest extent of the law.... ” Ch. 99-12, § 1, at 540, Laws of Fla. (emphasis added). Similar

Kenneth Alfred Bicking, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-07T00:00:00-07:00

Citation: 200 So. 3d 799, 2016 Fla. App. LEXIS 15046

Snippet: and the conviction was for — ’’See Ch. 99-12, § 1, Laws of Fla. (1999) (emphasized language added

Diaz v. Lopez

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-28T00:00:00-07:00

Citation: 167 So. 3d 455, 2015 Fla. App. LEXIS 6206, 2015 WL 1930318

Snippet: the Florida Constitution 8 and section 99.012 of the Florida Statutes. As our analysis is based…resigning from the office he or she presently holds.” § 99.012(3)(a), Fla. Stat. (2015). 9 Sweetwater…the office he or she presently holds.” § 99.012(3)(a), Fla. Stat. (2015). 7 .In …complying with the law may not appear on the ballot. § 99.012(5), Fla. Stat. (2015). 10 . It bears

Yegge v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-15T00:00:00-07:00

Citation: 186 So. 3d 553, 2015 Fla. App. LEXIS 5441, 2015 WL 1650293

Snippet: provision was not enacted until 1999,. See ch. 99-12, § 1, at 538-42, Laws of Fla. Because this court

Edwards v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-15T00:00:00-07:00

Citation: 145 So. 3d 194, 2014 Fla. App. LEXIS 12503, 2014 WL 3966291

Snippet: imprisonment imposed for any other felony offense. Ch. 99-12, § 1, at 540, Laws of Fla. (emphasis added). In

Grant v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-07T00:00:00-07:00

Citation: 138 So. 3d 1079, 2014 WL 1795845, 2014 Fla. App. LEXIS 6720

Snippet: the commission of enumerated offenses; Chapter 99-12, § 1, Laws of Florida, added section 775.087(4).

Walton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-12T00:00:00-08:00

Citation: 106 So. 3d 522, 2013 WL 500386, 2013 Fla. App. LEXIS 2109

Snippet: § 775.087(l)(b), Fla. Stat. (2008). . See ch. 99-12, § 1, at 540, Laws of Fla. . See §§ 775.082(3)

T.M.H. v. D.M.T.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-23T00:00:00-08:00

Citation: 79 So. 3d 787

Snippet: probability of parenthood was measured at greater than 99%)12, and who actually helped in the financial support

Tmh v. Dmt

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-22T23:53:00-08:00

Citation: 79 So. 3d 787

Snippet: probability of parenthood was measured at greater than 99%)[12], and who actually helped in the financial support

Ago

Court: Fla. Att'y Gen. | Date Filed: 2011-12-08T23:53:00-08:00

Snippet: See now ss. 186.501-186.513, Fla. Stat. 14 See s. 99.012, Fla. Stat. (1971), stating in subsection (2) that…resigning from such office. . . ." Section 99.012(2) was subsequently amended and now refers to district…providing a dual office-holding prohibition and s. 99.012, Fla. Stat., for resign-to-run requirements.

Juarez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-29T00:00:00-07:00

Citation: 65 So. 3d 110, 2011 Fla. App. LEXIS 10179, 2011 WL 2555402

Snippet: [5] § 777.011, Fla. Stat. (2009). [6] See Ch. 99-12, § 1, Laws of Fla. 4D09-4464 District

Lewis v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-10T00:00:00-07:00

Citation: 64 So. 3d 143, 2011 Fla. App. LEXIS 8457, 2011 WL 2279000

Snippet: resignation. . Section 99.012(6) since has been renumbered as section 99.012(5). See § 99.012(5), Fla. Stat. …application of then section 99.012(6) to Lewis. Based on our reading of section 99.012, we conclude that the… such a resignation was not required by section 99.012(5), Florida Statutes (2006). In response to his…, and this court reversed, finding that section 99.012 *145did require Lewis to resign from the Tampa …follows: The resign-to-run requirement in section 99.012(7) of the Florida Statutes is enforced by section

Mendenhall v. State

Court: Fla. | Date Filed: 2010-10-28T00:00:00-07:00

Citation: 48 So. 3d 740, 35 Fla. L. Weekly Supp. 631, 2010 Fla. LEXIS 1788, 2010 WL 4237573

Snippet: the Legislature of the State of Florida.... Ch. 99-12, at 537, Laws of Fla. Because the Legislature clearly…resulted in death or great bodily harm. See ch. 99-12, § 1, Laws of Fla. The Legislature also *747added

Scott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-27T00:00:00-07:00

Citation: 42 So. 3d 923, 2010 Fla. App. LEXIS 12540, 2010 WL 3361751

Snippet: imprisonment imposed for any other felony offense. Ch. 99-12, § 1, at 540, Laws of Fla. (emphasis added). After

Ruiz v. Farias

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-20T00:00:00-07:00

Citation: 43 So. 3d 124, 2010 Fla. App. LEXIS 12374, 2010 WL 3323746

Snippet: Florida's "resign-to-run" law, section 99.012, Florida Statutes (2010). We reverse. Ms. Ruiz …the office he or she presently holds." See § 99.012(3)(a), Fla. Stat. (2010). It is uncontested that…seeking to qualify for the upcoming primary. See § 99.012(3)(c), Fla. Stat. (2010). The issue before us, …any period of time within the meaning of section 99.012(3)(a). Ms. Ruiz's primary opponent, Johnny

Republican Party of Miami-Dade County v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-26T00:00:00-07:00

Citation: 18 So. 3d 1112, 2009 Fla. App. LEXIS 12508, 2009 WL 2601834

Snippet: or she is required to resign pursuant to section 99.012. Section 99.021(l)(b) requires any person seeking