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: District Court of Appeal of Florida | Date Filed: 2023-12-01

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: District Court of Appeal of Florida | Date Filed: 2018-11-13

Citation: 257 So. 3d 168

Snippet: candidate. 2. The candidate’s oath required by s. 99.021, which must contain the name of the candidate

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

Court: Supreme Court of Florida | Date Filed: 2016-09-15

Citation: 200 So. 3d 765, 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044

Snippet: candidate. 2. The candidate’s oath required by s. 99.021, which must contain the name of the candidate as

Lewis v. City of Tampa

Court: District Court of Appeal of Florida | Date Filed: 2011-06-10

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

Snippet: of the Florida Statutes is enforced by section 99.021[,] which provides that “[ejach candidate ... for

Republican Party of Miami-Dade County v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2009-08-26

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

Snippet: provisions in the Florida Election Code: section 99.021, Florida Statutes (2008), regarding the form of

City of Tampa v. Lewis

Court: District Court of Appeal of Florida | Date Filed: 2008-09-26

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

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

Browning v. Young

Court: District Court of Appeal of Florida | Date Filed: 2008-09-05

Citation: 993 So. 2d 64, 2008 WL 4093363

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-09-17

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

Rembert v. Interim Personnel, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-08

Citation: 745 So. 2d 993, 1999 Fla. App. LEXIS 11947, 1999 WL 770734

Snippet: PER CURIAM. Norman L. Rembert challenges the Unemployment Appeals Commission’s (UAC) ruling upholding the appeals referee’s de-cisión to deny him unemployment compensation benefits. We agree with Rembert that the UAC erred in denying his unemployment compensation benefits, and we reverse that denial. Rembert is a seasonal employee for Sun Pac Company, and he is temporarily laid off from that job each summer. Rembert’s unemployment compensation benefit year begins on July 1st, and he usually collects

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-06-05

Snippet: Section 876.07, Fla. Stat. (1995). 6 And see, s. 99.021(1)(a), Fla. Stat. (1995), which requires that a

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-06-13

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: District Court of Appeal of Florida | Date Filed: 1984-10-23

Citation: 457 So. 2d 1140

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

Ingham v. Kaney

Court: District Court of Appeal of Florida | Date Filed: 1984-10-04

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-10-21

Snippet: on your statutory duties and authority. See, ss 99.021, 103.091, 103.121, 103.131, 103.141, 103.151, F

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-12-14

Snippet: county commissioners and officers. See, e.g., ss. 99-021(2) (`primary election' means an election held prior

Plante v. Smathers

Court: Supreme Court of Florida | Date Filed: 1979-06-21

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

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

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