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Florida Statute 99.21 - Full Text and Legal Analysis
Florida Statute 99.021 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 99
CANDIDATES
View Entire Chapter
F.S. 99.021
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.
(3) This section does not apply to a person who seeks to qualify for election pursuant to ss. 103.021 and 103.101.
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.

F.S. 99.021 on Google Scholar

F.S. 99.021 on CourtListener

Amendments to 99.021


Annotations, Discussions, Cases:

Cases Citing Statute 99.021

Total Results: 20

Kelly v. Harris

331 F.3d 817, 2003 WL 21196520

Court of Appeals for the Eleventh Circuit | Filed: May 22, 2003 | Docket: 65655452

Cited 22 times | Published

(Oct. 21, 1983). Attorney General Smith concluded § 99.021 did not authorize the Florida Democratic Party

Kelly v. Harris

331 F.3d 817, 2003 U.S. App. LEXIS 10293

Court of Appeals for the Eleventh Circuit | Filed: May 22, 2003 | Docket: 742400

Cited 16 times | Published

(Oct. 21, 1983). Attorney General Smith concluded § 99.021 did not authorize the Florida Democratic Party

Fowler v. Adams

315 F. Supp. 592, 1970 U.S. Dist. LEXIS 10798

District Court, M.D. Florida | Filed: Jul 25, 1970 | Docket: 2519914

Cited 13 times | Published

refused to sign the oath as set forth in F.S.A., Section 99.021, requiring among other things a sworn declaration

State Ex Rel. Fair v. Adams

139 So. 2d 879, 94 A.L.R. 2d 550

Supreme Court of Florida | Filed: Apr 11, 1962 | Docket: 532818

Cited 13 times | Published

Constitution of the State of Florida, F.S.A., and Section 99.021(1) (f), Florida Statutes, F.S.A., do form a

Browning v. Young

993 So. 2d 64, 2008 WL 4093363

District Court of Appeal of Florida | Filed: Sep 5, 2008 | Docket: 1516066

Cited 10 times | Published

(Fla. 1st DCA 2008). It is noteworthy that section 99.021, Florida Statutes (2007), describes in detail

Platt v. Lanier

127 So. 2d 912, 1961 Fla. App. LEXIS 2992

District Court of Appeal of Florida | Filed: Mar 15, 1961 | Docket: 60196952

Cited 8 times | Published

prescribed for “candidates” for party office under section 99.021, Florida Statutes, F.S.A. The defendant chairman

Polly v. Navarro

457 So. 2d 1140

District Court of Appeal of Florida | Filed: Oct 23, 1984 | Docket: 1522432

Cited 4 times | Published

Appellants contend that Navarro's actions violate section 99.021(1)(b)2, Florida Statutes (1983), which bars

Crowells v. Petersen

118 So. 2d 539, 1960 Fla. LEXIS 2562

Supreme Court of Florida | Filed: Mar 4, 1960 | Docket: 60194460

Cited 3 times | Published

appeal is the validity of that portion of F.S. § 99.021, F.S.A. requiring every candidate for nomination

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

012(7) of the Florida Statutes is enforced by section 99.021 which provides that "[e]ach candidate ... for

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

012(7) of the Florida Statutes is enforced by section 99.021[,] which provides that “[ejach candidate .

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

that a candidate must file is a candidate oath. § 99.021, Fla. Stat. (2008). We know that the statutory

Byrd, The Florida Senate v. Black Voters Matter Capacity Building Institute, Inc., Equal Ground Education Fund, Inc.

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68057214

Published

redistricting CD-5); art. VI, U.S. Const.; Candidate Oath, § 99.021, Fla. Stat. (requiring legislators and officers

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

resign pursuant to s. 99.012, Florida Statutes. § 99.021(l)(a), Fla. Stat. (2006) (emphasis added).

Ago

Florida Attorney General Reports | Filed: Jun 13, 1990 | Docket: 3258637

Published

v. Simpson, 114 So. 543, 544 (Fla. 1927). 4 Section 99.021(1)(a), F.S. And see, s. 3, Art. VI, State Const

Ingham v. Kaney

456 So. 2d 592, 9 Fla. L. Weekly 2125, 1984 Fla. App. LEXIS 15537

District Court of Appeal of Florida | Filed: Oct 4, 1984 | Docket: 64607046

Published

question. In my view he has standing to enforce section 99.021(l)(b), Florida Statutes (1983), by filing this

Ago

Florida Attorney General Reports | Filed: Oct 21, 1983 | Docket: 3256706

Published

functions and powers are derived thereby). Section 99.021(1)(a), F.S., requires each party candidate

Wilson v. Askew

352 F. Supp. 227, 1972 U.S. Dist. LEXIS 12118

District Court, M.D. Florida | Filed: Sep 1, 1972 | Docket: 66082905

Published

and take and subscribe to the oath provided in § 99.021. The qualification of each candidate to be on

Driver v. Adams

196 So. 2d 916, 1967 Fla. LEXIS 3989

Supreme Court of Florida | Filed: Mar 22, 1967 | Docket: 64500300

Published

opinion, the petitioners are guilty of laches. Section 99.021(1), Florida Statutes, F.S.A., has been in existence

City of Miami Beach v. Richard

173 So. 2d 480, 1965 Fla. App. LEXIS 4459

District Court of Appeal of Florida | Filed: Apr 6, 1965 | Docket: 64492613

Published

make a truthful oath as required of him by Section 99.021(1) (f), Florida Statutes, F.S.A., by resigning

Coles v. Robb

69 So. 2d 322, 1954 Fla. LEXIS 1200

Supreme Court of Florida | Filed: Jan 8, 1954 | Docket: 64484987

Published

upon the ballot * * *. ” (Italics supplied.) Section 99.021, Florida Statutes 1953 and F.S.A. So, obviously