Florida Statute 99.12 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 99
CANDIDATES

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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 CourtListener

Amendments to 99.012

Annotations, Discussions, Cases:

Cases Citing Statute 99.012

Total Results: 49

Holley v. Adams

238 So. 2d 401

Supreme Court of Florida | Filed: Jun 26, 1970 | Docket: 552295

Cited 66 times | Published

validity of Ch. 70-80, Laws of Florida, amending § 99.012, Fla. Stat., F.S.A. We have jurisdiction. Art

Charles N. Baker, Kennan G. Dandar, Movant-Appellant v. Ronald Alderman, Individually and Officially as Hillsborough County Property Appraiser, and Hillsborough County Civil Service Board, Kennan G. Dandar, Movant-Appellant v. Ronald Alderman, Hillsborough County Civil Service Board, Charles N. Baker v. Ronald Alderman, Hillsborough County Civil Service Board

158 F.3d 516, 41 Fed. R. Serv. 3d 1484, 1998 U.S. App. LEXIS 26575

Court of Appeals for the Eleventh Circuit | Filed: Oct 19, 1998 | Docket: 2037688

Cited 64 times | Published

which he [was] required to resign pursuant to Section 99.012 Florida Statutes" ("the statute").3 The statute

Baker v. Alderman

158 F.3d 516

Court of Appeals for the Eleventh Circuit | Filed: Oct 19, 1998 | Docket: 2036848

Cited 54 times | Published

which he [was] required to resign pursuant to Section 99.012 Florida *520 Statutes” (“the statute”)

In Re Advisory Opinion to Governor

276 So. 2d 25, 1973 Fla. LEXIS 4549

Supreme Court of Florida | Filed: Apr 3, 1973 | Docket: 1439347

Cited 24 times | Published

S.A. Of course, resignations under Fla. Stat. § 99.012, F.S.A. (Resign to Run Law) or under similar circumstances

Spector v. Glisson

305 So. 2d 777

Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 457216

Cited 20 times | Published

Collins, 85 So.2d 852 (Fla. 1956). [5] F.S. § 99.012; In re Advisory Opinion, 239 So.2d 247 (Fla. 1970)

Smith v. Crawford

645 So. 2d 513, 1994 WL 592242

District Court of Appeal of Florida | Filed: Oct 26, 1994 | Docket: 1223127

Cited 19 times | Published

follows: A more reasonable interpretation of Section 99.012(2) is that it prohibits a candidate from qualifying

City of Hialeah v. Martinez

402 So. 2d 602

District Court of Appeal of Florida | Filed: Aug 27, 1981 | Docket: 1313496

Cited 18 times | Published

a *603 judgment declaring that pursuant to Section 99.012(2), Florida Statutes (1981),[1] he could run

STATE, COM'N ON ETHICS v. Sullivan

430 So. 2d 928

District Court of Appeal of Florida | Filed: Apr 19, 1983 | Docket: 1508842

Cited 10 times | Published

Elections. John was alleged to have violated Section 99.012(7), Florida Statutes (Supp. 1980), by failing

Parker v. Baker

499 So. 2d 843

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 790961

Cited 8 times | Published

resign, and in effect resigned pursuant to section 99.012(7), Florida Statutes (1984). Defendant lost

Snead v. State

415 So. 2d 887

District Court of Appeal of Florida | Filed: Jun 28, 1982 | Docket: 1512929

Cited 6 times | Published

time he was an assistant state attorney. See Section 99.012(2), Florida Statutes (1975). The authority

Clement v. Charlotte Hospital Association, Inc.

137 So. 2d 615

District Court of Appeal of Florida | Filed: Feb 7, 1962 | Docket: 1476068

Cited 5 times | Published

instituted. See 21 Fla.Jur., Limitation of Actions, § 99; 12 Fla.Jur., Estoppel and Waiver, § 63. The final

State Ex Rel. Shevin v. Stone

279 So. 2d 17

Supreme Court of Florida | Filed: Aug 10, 1972 | Docket: 1522172

Cited 4 times | Published

to comply with the requirements of Fla. Stat. § 99.012, F.S.A., the so-called "resign to run" law. We

Ruiz v. Farias

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

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 2399380

Cited 2 times | Published

requirements of Florida's "resign-to-run" law, section 99.012, Florida Statutes (2010). We reverse. Ms. Ruiz

Varn v. Vasilinda

985 So. 2d 1241, 2008 WL 2779295

District Court of Appeal of Florida | Filed: Jul 18, 2008 | Docket: 2306715

Cited 2 times | Published

of Representatives, District 9, had violated section 99.012(3), Florida Statutes (2008), a provision of

Baker v. Alderman

766 F. Supp. 1112, 1991 U.S. Dist. LEXIS 8523, 1991 WL 115631

District Court, M.D. Florida | Filed: Jun 3, 1991 | Docket: 1221538

Cited 2 times | Published

Plaintiff of the existence and application of section 99.012(7); 5. Estoppel; 6. Violation of substantive

Lewis v. City of Tampa

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

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 60301377

Cited 1 times | Published

that such a resignation was not required by section 99.012(5), Florida Statutes (2006). In response to

Republican Party of Miami-Dade County v. Davis

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

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1640222

Cited 1 times | Published

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

Chalifoux v. Sanchez

991 So. 2d 432, 2008 WL 4363572

District Court of Appeal of Florida | Filed: Sep 26, 2008 | Docket: 1724861

Cited 1 times | Published

Chalifoux failed to meet the requirements of section 99.012(3), Florida Statutes (2007), Florida's Resign-to-Run

Abramson v. Beer

936 So. 2d 1208, 2006 WL 2560666

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 763578

Cited 1 times | Published

office, under Florida's "resign-to-run" law, section 99.012, Florida Statutes (2005). Because Abramson

Gonzalez v. Vogel

616 So. 2d 473, 1993 WL 33806

District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 1385426

Cited 1 times | Published

first resigning from the office currently held. § 99.012(3)(a), Fla. Stat. (1991). However, a "subordinate

McKane v. Parker

567 So. 2d 501, 1990 WL 133820

District Court of Appeal of Florida | Filed: Sep 19, 1990 | Docket: 1380336

Cited 1 times | Published

officer of the City of Sunrise, he was barred by section 99.012(7), Florida Statutes (1989), from running for

Debbie Mayfield v. Secretary, Florida Department of State

Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69639414

Published

the requirements set forth in s. 99.061(7)(a).” § 99.012(1)(b), Fla. Stat. (2024). Section 99.061(7)(a)

Carey Baker v. Mark v. Jordan and D. Alan Hays, as Supervisor of Elections, Lake County, Florida

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378572

Published

qualified for more than one office, in violation of section 99.012(2), Florida Statutes (2024); (ii) he did not

Golden v. Satcher

District Court of Appeal of Florida | Filed: Aug 9, 2024 | Docket: 69029779

Published

reasoning that under the Florida Constitution and section 99.012, Florida Statutes (2024)—the "resign-to-run"

Diaz v. Lopez

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

District Court of Appeal of Florida | Filed: Apr 28, 2015 | Docket: 2653017

Published

of the Florida Constitution 8 and section 99.012 of the Florida Statutes. As our analysis is

Ago

Florida Attorney General Reports | Filed: Dec 9, 2011 | Docket: 3257374

Published

without resigning from such office. . . ." Section 99.012(2) was subsequently amended and now refers

City of Tampa v. Lewis

993 So. 2d 1096, 2008 Fla. App. LEXIS 14667, 2008 WL 4367453

District Court of Appeal of Florida | Filed: Sep 26, 2008 | Docket: 64856325

Published

upon to address Florida’s “resign-to-run” law, section 99.012(5), Florida Statutes (2006), in the context

Ago

Florida Attorney General Reports | Filed: Feb 28, 2008 | Docket: 3255873

Published

part thereof run concurrently with each other. Section 99.012(6)(b), however, provides that the statute does

Abramson v. Beer

940 So. 2d 586, 2006 WL 3055868

District Court of Appeal of Florida | Filed: Oct 30, 2006 | Docket: 1524020

Published

judicial office under Florida's "resign-to-run" law. § 99.012, Fla. Stat. (2006). The operative statutory text

Slate v. Rice

936 So. 2d 757, 2006 Fla. App. LEXIS 14418, 2006 WL 2474022

District Court of Appeal of Florida | Filed: Aug 29, 2006 | Docket: 64846352

Published

David Rice had violated the Resign to Run Law, section 99.012, Florida Statutes (2006), and asking that Rice’s

Advisory Opinion to the Governor re Sheriff & Judicial Vacancies Due to Resignations

928 So. 2d 1218, 31 Fla. L. Weekly Supp. 269, 2006 Fla. LEXIS 814, 2006 WL 1173133

Supreme Court of Florida | Filed: May 4, 2006 | Docket: 64844634

Published

consistent with the resign-to-run law. Under section 99.012(3)(a), Florida Statutes (2005), an officer

Ago

Florida Attorney General Reports | Filed: Apr 12, 2001 | Docket: 3258200

Published

without resigning from such office. . . ." Section 99.012 was subsequently amended and now refers to

Klein v. Carannante

778 So. 2d 1093, 2001 Fla. App. LEXIS 3618, 2001 WL 256348

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 64803958

Published

to comply with the resign to run statute. See § 99.012, Fla. Stat. (2000). In its thorough final judgment

In re Advisory Opinion to the Governor—Dual Office-Holding

630 So. 2d 1055, 19 Fla. L. Weekly Supp. 40, 1994 Fla. LEXIS 619, 1994 WL 11615

Supreme Court of Florida | Filed: Jan 20, 1994 | Docket: 64745981

Published

branches unless expressly provided herein. . § 99.012(3)(a), Fla.Stat. (1993).

Baker v. Alderman

150 F.R.D. 202, 1993 U.S. Dist. LEXIS 10026, 1993 WL 274345

District Court, M.D. Florida | Filed: Jul 13, 1993 | Docket: 66310126

Published

which he is required to resign pursuant to Section 99.012 Florida Statutes. On November 6, 1984, Daniel

Rosier v. Johnston

496 So. 2d 167, 11 Fla. L. Weekly 2003, 1986 Fla. App. LEXIS 9799

District Court of Appeal of Florida | Filed: Sep 18, 1986 | Docket: 64622342

Published

County Judge, pursuant to the requirements of Section 99.012(2) and (3), Florida Statutes (1985). Rosier

Ago

Florida Attorney General Reports | Filed: Oct 29, 1982 | Docket: 3256201

Published

ARE NOT REQUIRED TO RESIGN UNDER STATE LAW? Section 99.012, F.S., Florida's Resign to Run Law, requires

Humphries v. Department of Highway Safety & Motor Vehicles

400 So. 2d 1311, 1981 Fla. App. LEXIS 20529

District Court of Appeal of Florida | Filed: Jul 10, 1981 | Docket: 64583885

Published

Elections regarding the applicability to him of Section 99.012(7),1 Florida Statutes (1979), which exempts

Ago

Florida Attorney General Reports | Filed: Sep 11, 1979 | Docket: 3255828

Published

whether the candidate is elected to such office. Section 99.012(2) and (3), F. S. A copy of the prospective

Ago

Florida Attorney General Reports | Filed: Jun 29, 1977 | Docket: 3255440

Published

serve as `certified reserve police officer.' Section 99.012(2), F. S., Florida's Resign-to-Run Law, provides

Ago

Florida Attorney General Reports | Filed: Mar 28, 1977 | Docket: 3255349

Published

election to public office. AS TO QUESTION 2: Section 99.012(2), F. S., provides, in pertinent part:

Ago

Florida Attorney General Reports | Filed: Jan 19, 1977 | Docket: 3256273

Published

procedures provided in the municipal charter. Section 99.012(2), F. S., provides in pertinent part that:

State ex rel. Surf Club v. Du Val

339 So. 2d 1131, 1976 Fla. App. LEXIS 16017

District Court of Appeal of Florida | Filed: Nov 29, 1976 | Docket: 64556129

Published

Court pursuant to provisions of Florida Statutes § 99.012, the so-called Resign-to-run Act, and by virtue

Resedean v. Civil Service Board of Pensacola

332 So. 2d 150, 1976 Fla. App. LEXIS 14417

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 64553692

Published

1973). Not only in § 104.31(3), F.S., but also in § 99.012, the “resign to run law” which was significantly

Lambeth v. Gluckler

302 So. 2d 429, 1974 Fla. App. LEXIS 8426

District Court of Appeal of Florida | Filed: Oct 29, 1974 | Docket: 64542216

Published

be*430cause said appellant had not complied with § 99.012, F.S.1973.1 Appellant Lambeth, a city commissioner

Merrill v. Dade County Canvassing Board

300 So. 2d 28, 1974 Fla. App. LEXIS 8638

District Court of Appeal of Florida | Filed: Sep 19, 1974 | Docket: 64541096

Published

the election. Under the provisions of Fla.Stat. § 99.-012, F.S.A., it is evident that Mrs. Oes-terle was

State ex rel. Cherry v. Stone

265 So. 2d 56, 1972 Fla. App. LEXIS 6362

District Court of Appeal of Florida | Filed: Aug 4, 1972 | Docket: 64527058

Published

candidate because his candidacy is in violation of Section 99.012(2), Florida Statutes, F.S.A., known as the

McClung v. McCauley

238 So. 2d 667, 1970 Fla. App. LEXIS 6031

District Court of Appeal of Florida | Filed: Sep 2, 1970 | Docket: 64516316

Published

he was not subject to the provisions of F.S. Section 99.012, F.S.A., and denied the injunctive relief sought

Parks v. Harden

130 So. 2d 626, 1961 Fla. App. LEXIS 2773

District Court of Appeal of Florida | Filed: Jun 2, 1961 | Docket: 60197529

Published

should observe regular hours of eating and in § 99.12 he states: “Diabetics who do not have other disease