Florida Statute 99.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 99
CANDIDATES

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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 Casetext

Amendments to 99.021

Arrestable Offenses / Crimes under Fla. Stat. 99.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 99.021.

Annotations, Discussions, Cases:

Cases Citing Statute 99.021

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-01T00:00:00-08:00

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

Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his official capacity as the Secretary of State Department of State, Division of Elections

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-12T23:53:00-08:00

Snippet: candidate. 2. The candidate’s oath required by s. 99.021, which must contain the name of the candidate… political party affiliation required by s. 99.021(1)(b). 4. The completed form for the appointment

James Barry Wright v. City of Miami Gardens, etc.

Court: Fla. | Date Filed: 2016-09-15T00:00:00-07:00

Citation: 200 So. 3d 765

Snippet: 2. The candidate’s oath required by s. 99.021, which must contain the name of the candidate as…statement of political party affiliation required by s. 99.021(1)(b). 4. The completed form for the appointment

Lewis v. City of Tampa

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

Citation: 64 So. 3d 143

Snippet: of the Florida Statutes is enforced by section 99.021[,] which provides that “[ejach candidate ... for…resign pursuant to s. 99.012, Florida Statutes.” § 99.021(1)(a). . By finding that Lewis was not required

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: minimum requirements imposed in section 99.021. Section 99.021(l)(a)l. requires a candidate to execute…provisions in the Florida Election Code: section 99.021, Florida Statutes (2008), regarding the form of…by the County Elections Department under section 99.021) after the qualifying deadline but before a successful… appellees filed their applications and section 99.021 statutory oath forms with the Miami-Dade Elections…following conclusion of law: In enacting section 99.021, the Florida Legislature made clear that the loyalty

City of Tampa v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-26T00:00:00-07:00

Citation: 993 So. 2d 1096

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

Browning v. Young

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-05T00:00:00-07:00

Citation: 993 So. 2d 64

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-09-17T00:53:00-07:00

Snippet: her qualifying papers and oath prescribed by s. 99.021 with the supervisor of elections. Upon receipt

Rembert v. Interim Personnel, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-08T00:00:00-07:00

Citation: 745 So. 2d 993

Snippet: and GREEN and STRINGER, JJ., Concur. No. 99-00021 District Court of Appeal of Florida fladistctapp

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-06-05T00:53:00-07:00

Snippet: Section 876.07, Fla. Stat. (1995). 6 And see, s. 99.021(1)(a), Fla. Stat. (1995), which requires that a… 335 So.2d 815, 817 (Fla. 1976). 11 Compare, s. 99.021(1)(a), Fla. Stat. (1995), which provides a form

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Court: Fla. Att'y Gen. | Date Filed: 1990-06-13T00:53:00-07:00

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

Polly v. Navarro

Court: Fla. Dist. Ct. App. | Date Filed: 1984-10-23T00:53:00-07:00

Citation: 457 So. 2d 1140

Snippet: contend that Navarro's actions violate section 99.021(1)(b)2, Florida Statutes (1983), which bars such…candidates within six months of an election. Section 99.021(1)(b), Florida Statutes (1983), provides: (b) In… 1984. Appellees suggest, however, that section 99.021(1)(b)2, Florida Statutes (1983), means that a nominee…political system, are clearly served by section 99.021(1)(b), Florida Statutes (1983), and, therefore,…valid and constitutional statute, to-wit section 99.021(1)(b)2, Florida Statutes (1983). Accordingly, he

Ingham v. Kaney

Court: Fla. Dist. Ct. App. | Date Filed: 1984-10-04T00:00:00-07:00

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

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

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Court: Fla. Att'y Gen. | Date Filed: 1983-10-21T00:53:00-07:00

Snippet: party executive committee. Section 99.021(2), F.S. Section 99.021, F.S., does not provide for or authorize…on your statutory duties and authority. See, ss 99.021, 103.091, 103.121, 103.131, 103.141, 103.151, F.S…functions and powers are derived thereby). Section 99.021(1)(a), F.S., requires each party candidate, in …a member. The provisions of subsection (1) of s 99.021, F.S., apply with equal force and effect to, and…and cannot by interpretation add something to s 99.021 which it does not contain.1 See, Platt v. Lanier

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-12-13T23:53:00-08:00

Snippet: county commissioners and officers. See, e.g., ss. 99-021(2) (`primary election' means an election held…general election to fill, inter alia, county office);99.021(1)(b)1., 2., and 3.; 99.061 (`supervisor of elections

Plante v. Smathers

Court: Fla. | Date Filed: 1979-06-21T00:53:00-07:00

Citation: 372 So. 2d 933

Snippet: subscribed to the candidate's oath as required by s. 99.021, and seeks by election to become a public officer

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-06-29T00:53:00-07:00

Snippet: effective date of the resignation as specified in s. 99.021, F.S. Cf. AGO's 075-67, 074-210, 072-203, and… the city. Thus, the provisions contained in s. 99.021, F. S., may not be applicable to your inquiry since… point in time earlier than that required by s. 99.021. See question 2, infra, for a further discussion

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

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