Florida Statutes
Fla. Stat. § 99.021 (2025)
Form of candidate oath.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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99.021 Form of candidate oath.—
(1)(a)1. Each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105 or a federal office, shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:
State of Florida
County of
Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says that he or she is a candidate for the office of ; that he or she is a qualified elector of County, Florida; that he or she is qualified under the Constitution and the laws of Florida to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.
(Signature of candidate)
(Address of legal residence)
Sworn to and subscribed before me this day of , (year) , at County, Florida.
(Signature and title of officer administering oath)
2. Each candidate for federal office, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to office shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:
State of Florida
County of
Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says that he or she is a candidate for the office of ; that he or she is qualified under the Constitution and laws of the United States to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; and that he or she will support the Constitution of the United States.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this day of , (year) , at County, Florida.
(Signature and title of officer administering oath)
(b) In addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing:
1. The party of which the person is a member.
2. That the person has been a registered member of the political party for which he or she is seeking nomination as a candidate for 365 days before the beginning of qualifying preceding the general election for which the person seeks to qualify.
3. That the person has paid the assessment levied against him or her, if any, as a candidate for said office by the executive committee of the party of which he or she is a member.
(c) In addition, any person seeking to qualify for office as a candidate with no party affiliation shall, at the time of subscribing to the oath or affirmation, state in writing that he or she is registered without any party affiliation and that he or she has not been a registered member of any political party for 365 days before the beginning of qualifying preceding the general election for which the person seeks to qualify.
(d) In addition, each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, shall, at the time of subscribing to the oath or affirmation, state in writing whether he or she owes any outstanding fines, fees, or penalties that cumulatively exceed $250 for any violations of s. 8, Art. II of the State Constitution; the Code of Ethics for Public Officers and Employees under part III of chapter 112; any local ethics ordinance governing standards of conduct and disclosure requirements; or chapter 106. If the candidate owes any outstanding fines, fees, or penalties exceeding the threshold amount specified in this paragraph, he or she must also specify the amount owed and each entity that levied such fine, fee, or penalty. For purposes of this paragraph, any such fines, fees, or penalties that have been paid in full at the time of subscribing to the oath or affirmation are not deemed to be outstanding.
(e) The officer before whom such person qualifies shall certify the name of such person to the supervisor of elections in each county affected by such candidacy so that the name of such person may be printed on the ballot. Each person seeking election as a write-in candidate shall subscribe to the oath prescribed in this section in order to be entitled to have write-in ballots cast for him or her counted.
(2) The provisions of subsection (1) relating to the oath required of candidates, and the form of oath prescribed, shall apply with equal force and effect to, and shall be the oath required of, a candidate for election to a political party executive committee office, as provided by law. The requirements set forth in this section shall also apply to any person filling a vacancy on a political party executive committee.
History.—ss. 22, 23, ch. 6469, 1913; RGS 326, 327; CGL 383, 384; s. 3, ch. 19663, 1939; s. 3, ch. 26870, 1951; s. 10, ch. 28156, 1953; s. 1, ch. 57-742; s. 1, ch. 61-128; s. 2, ch. 63-269; s. 1, ch. 63-66; s. 1, ch. 65-376; s. 1, ch. 67-149; s. 2, ch. 70-269; s. 19, ch. 71-355; s. 6, ch. 77-175; s. 3, ch. 79-365; s. 27, ch. 79-400; s. 2, ch. 81-105; s. 3, ch. 86-134; s. 535, ch. 95-147; s. 7, ch. 99-6; s. 8, ch. 99-318; s. 15, ch. 2007-30; s. 10, ch. 2008-95; s. 13, ch. 2011-40; s. 12, ch. 2021-11; s. 1, ch. 2023-46; s. 15, ch. 2023-120.
Note.—Former ss. 102.29, 102.30.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1954–2023 · leading case: State Ex Rel. Fair v. Adams, 139 So. 2d 879 (Fla. 1962).
State Ex Rel. Fair v. Adams, 139 So. 2d 879 (Fla. 1962). “In addition to the constitutional prohibition against holding multiple offices in the government of this state, Section 99.021, Florida Statutes, F.S.A., which sets forth the form of oath a candidate must make, provides in part: "(1) Every candidate for nomination to any office…”
Platt v. Lanier, 127 So. 2d 912 (Fla. 2d DCA 1961). “As the result of a proceeding instituted by the plaintiffs, recently appointed county Democratic committee members, the chancellor entered an order specifically finding that plaintiffs were not “candidates” for office and so were not required to take the party loyalty oath…”
Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009). “§ 99.021, Fla. Stat. (2008). We know that the statutory oath applies to political party candidates because the statute says so.”
Polly v. Navarro, 457 So. 2d 1140 (Fla. 4th DCA 1984). “Section 99.021(1)(b), Florida Statutes (1983), provides: (b) In addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing: 1.”
Browning v. Young, 993 So. 2d 64 (Fla. 1st DCA 2008). “It is noteworthy that section 99.021, Florida Statutes (2007), describes in detail the proper method of acknowledging a candidate's signature on the candidate oath form.”
Wetherington v. Adams, 309 F. Supp. 318 (N.D. Fla. 1970). “; and as a normal candidate who meets the various qualifications including the filing fee which is here challenged, Fla.Stat. §§ 99.021, 99.-061, 99.092 and 103.”
Lewis v. City of Tampa, 64 So. 3d 143 (Fla. 2d DCA 2011). “012(7) of the Florida Statutes is enforced by section 99.021[,] which provides that “[ejach candidate .”
Baker v. Alderman, 766 F. Supp. 1112 (M.D. Fla. 1991). “” Plaintiff swore, under the Oath of Candidate, “that he has resigned from any office from which he is required to resign pursuant to Section 99.”
City of Tampa v. Lewis, 993 So. 2d 1096 (Fla. 2d DCA 2008). “§ 99.021(l)(a), Fla. Stat. (2006) (emphasis added).”
Ingham v. Kaney, 456 So. 2d 592 (Fla. 5th DCA 1984). “The order appealed declared appellant ineligible to seek the Republican party nomination for sheriff because he was in “violation” of Section 99.021(l)(b), Florida Statutes (1983).”
Crowells v. Petersen, 118 So. 2d 539 (Fla. 1960). “The sole question presented on this appeal is the validity of that portion of F.S. § 99.021, F.S.A. requiring every candidate for nomination to any office to take and subscribe to an oath or affirmation in writing stating that he did not register as a member of any nt.”
City of Miami Beach v. Richard, 173 So. 2d 480 (Fla. 3d DCA 1965). “An incumbent may qualify as a candidate for an office other than the one he is currently holding because he can make a truthful oath as required of him by Section 99.021(1) (f), Florida Statutes, F.”
— 99.021(1) — 4 cases
State Ex Rel. Fair v. Adams, 139 So. 2d 879 (Fla. 1962). “In addition to the constitutional prohibition against holding multiple offices in the government of this state, Section 99.021, Florida Statutes, F.S.A., which sets forth the form of oath a candidate must make, provides in part: "(1) Every candidate for nomination to any office…”
City of Miami Beach v. Richard, 173 So. 2d 480 (Fla. 3d DCA 1965). “An incumbent may qualify as a candidate for an office other than the one he is currently holding because he can make a truthful oath as required of him by Section 99.021(1) (f), Florida Statutes, F.”
Driver v. Adams, 196 So. 2d 916 (Fla. 1967).
Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009). “§ 99.021, Fla. Stat. (2008). We know that the statutory oath applies to political party candidates because the statute says so.”
— 99.021(1)(a) — 2 cases
Lewis v. City of Tampa, 64 So. 3d 143 (Fla. 2d DCA 2011). “012(7) of the Florida Statutes is enforced by section 99.021[,] which provides that “[ejach candidate .”
Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009). “§ 99.021, Fla. Stat. (2008). We know that the statutory oath applies to political party candidates because the statute says so.”
— 99.021(1)(b) — 2 cases
Polly v. Navarro, 457 So. 2d 1140 (Fla. 4th DCA 1984). “Section 99.021(1)(b), Florida Statutes (1983), provides: (b) In addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing: 1.”
Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009). “§ 99.021, Fla. Stat. (2008). We know that the statutory oath applies to political party candidates because the statute says so.”
— 99.021(2) — 1 case
Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009). “§ 99.021, Fla. Stat. (2008). We know that the statutory oath applies to political party candidates because the statute says so.”
— 99.021(l)(a) — 2 cases
City of Tampa v. Lewis, 993 So. 2d 1096 (Fla. 2d DCA 2008). “§ 99.021(l)(a), Fla. Stat. (2006) (emphasis added).”
Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009). “§ 99.021, Fla. Stat. (2008). We know that the statutory oath applies to political party candidates because the statute says so.”
— 99.021(l)(b) — 2 cases
Ingham v. Kaney, 456 So. 2d 592 (Fla. 5th DCA 1984). “The order appealed declared appellant ineligible to seek the Republican party nomination for sheriff because he was in “violation” of Section 99.021(l)(b), Florida Statutes (1983).”
Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009). “§ 99.021, Fla. Stat. (2008). We know that the statutory oath applies to political party candidates because the statute says so.”
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