|
|
The 2024 Florida Statutes
(including 2025 Special Session C)
|
|
|
|
|
F.S. 99.06199.061 Method of qualifying for nomination or election to federal, state, county, or district office.—(1) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a federal, state, or multicounty district office, other than election to a judicial office as defined in chapter 105 or the office of school board member, shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the Department of State, or qualify by the petition process pursuant to s. 99.095 with the Department of State, at any time after noon of the 1st day for qualifying, which shall be as follows: the 120th day prior to the primary election, but not later than noon of the 116th day prior to the date of the primary election, for persons seeking to qualify for nomination or election to federal office or to the office of the state attorney or the public defender; and noon of the 71st day prior to the primary election, but not later than noon of the 67th day prior to the date of the primary election, for persons seeking to qualify for nomination or election to a state or multicounty district office, other than the office of the state attorney or the public defender. (2) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a county office, or district office not covered by subsection (1), shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the supervisor of elections of the county, or shall qualify by the petition process pursuant to s. 99.095 with the supervisor of elections, at any time after noon of the 1st day for qualifying, which shall be the 71st day prior to the primary election, but not later than noon of the 67th day prior to the date of the primary election. Within 30 days after the closing of qualifying time, the supervisor of elections shall remit to the secretary of the state executive committee of the political party to which the candidate belongs the amount of the filing fee, two-thirds of which shall be used to promote the candidacy of candidates for county offices and the candidacy of members of the Legislature. (3) Notwithstanding the provisions of any special act to the contrary, each person seeking to qualify for election to a special district office shall qualify between noon of the 71st day prior to the primary election and noon of the 67th day prior to the date of the primary election. Candidates for single-county special districts shall qualify with the supervisor of elections in the county in which the district is located. If the district is a multicounty district, candidates shall qualify with the Department of State. All special district candidates shall qualify by paying a filing fee of $25 or qualify by the petition process pursuant to s. 99.095. Notwithstanding s. 106.021, a candidate who does not collect contributions and whose only expense is the filing fee or signature verification fee is not required to appoint a campaign treasurer or designate a primary campaign depository. (4)(a) Each person seeking to qualify for election to office as a write-in candidate shall file his or her qualification papers with the respective qualifying officer at any time after noon of the 1st day for qualifying, but not later than noon of the last day of the qualifying period for the office sought. (b) Any person who is seeking election as a write-in candidate shall not be required to pay a filing fee, election assessment, or party assessment. A write-in candidate is not entitled to have his or her name printed on any ballot; however, space for the write-in candidate’s name to be written in must be provided on the general election ballot. A person may not qualify as a write-in candidate if the person has also otherwise qualified for nomination or election to such office. (5) At the time of qualifying for office, each candidate for a constitutional office, or for another elective office subject to an annual filing requirement pursuant to s. 112.3144, shall file a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a), and a candidate for any other office, including local elective office, shall file a statement of financial interests pursuant to s. 112.3145. A candidate who is subject to an annual filing requirement under s. 112.3144 may file a verification or receipt of electronic filing pursuant to s. 112.3144(4). A candidate who is subject to an annual filing requirement under s. 112.3145 may file a verification or receipt of electronic filing pursuant to s. 112.3145(2)(c) unless the candidate is required to file a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution or this subsection. (6) The Department of State shall certify to the supervisor of elections, within 7 days after the closing date for qualifying, the names of all duly qualified candidates for nomination or election who have qualified with the Department of State. (7)(a) In order for a candidate to be qualified, the following items must be received by the filing officer by the end of the qualifying period:1. A properly executed check drawn upon the candidate’s campaign account payable to the person or entity as prescribed by the filing officer in an amount not less than the fee required by s. 99.092, unless the candidate obtained the required number of signatures on petitions pursuant to s. 99.095. The filing fee for a special district candidate is not required to be drawn upon the candidate’s campaign account. If a candidate’s check is returned by the bank for any reason, the filing officer shall immediately notify the candidate and the candidate shall have until the end of qualifying to pay the fee with a cashier’s check purchased from funds of the campaign account. Failure to pay the fee as provided in this subparagraph shall disqualify the candidate. 2. The candidate’s oath required by s. 99.021, which must contain the name of the candidate as it is to appear on the ballot; the office sought, including the district or group number if applicable; and the signature of the candidate, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a). 3. If the office sought is partisan, the written statement of political party affiliation required by s. 99.021(1)(b); or if the candidate is running without party affiliation for a partisan office, the written statement required by s. 99.021(1)(c). 4. The completed form for the appointment of campaign treasurer and designation of campaign depository, as required by s. 106.021. 5. The full and public disclosure or statement of financial interests required by subsection (5). A public officer who has filed the full and public disclosure or statement of financial interests with the Commission on Ethics before qualifying for office may file a copy of that disclosure or a verification or receipt of electronic filing as provided in subsection (5) at the time of qualifying. (b) If the filing officer receives qualifying papers during the qualifying period prescribed in this section which do not include all items as required by paragraph (a) prior to the last day of qualifying, the filing officer shall make a reasonable effort to notify the candidate of the missing or incomplete items and shall inform the candidate that all required items must be received by the close of qualifying. A candidate’s name as it is to appear on the ballot may not be changed after the end of qualifying. (c) The filing officer performs a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required by paragraph (a) have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified pursuant to s. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate. (8) Notwithstanding the qualifying period prescribed in this section, a qualifying office may accept and hold qualifying papers submitted not earlier than 14 days prior to the beginning of the qualifying period, to be processed and filed during the qualifying period. (9) Notwithstanding the qualifying period prescribed by this section, in each year in which the Legislature apportions the state, the qualifying period for persons seeking to qualify for nomination or election to federal office shall be between noon of the 71st day prior to the primary election, but not later than noon of the 67th day prior to the primary election. (10) The Department of State may prescribe by rule requirements for filing papers to qualify as a candidate under this section. (11) The decision of the filing officer concerning whether a candidate is qualified is exempt from the provisions of chapter 120. History.—ss. 25, 26, ch. 6469, 1913; RGS 329, 330; CGL 386, 387; ss. 4, 5, ch. 13761, 1929; s. 1, ch. 16990, 1935; CGL 1936 Supp. 386; ss. 1, chs. 19007, 19008, 19009, 1939; CGL 1940 Supp. 4769(3); s. 1, ch. 20619, 1941; s. 1, ch. 21851, 1943; s. 1, ch. 23006, 1945; s. 1, ch. 24163, 1947; s. 3, ch. 26870, 1951; s. 11, ch. 28156, 1953; s. 4, ch. 29936, 1955; s. 10, ch. 57-1; s. 1, ch. 59-84; s. 1, ch. 61-373 and s. 4, ch. 61-530; s. 1, ch. 63-502; s. 7, ch. 65-378; s. 2, ch. 67-531; ss. 10, 35, ch. 69-106; s. 5, ch. 69-281; s. 1, ch. 69-300; s. 1, ch. 70-42; s. 1, ch. 70-93; s. 1, ch. 70-439; s. 6, ch. 77-175; s. 1, ch. 78-188; s. 3, ch. 81-105; s. 2, ch. 83-15; s. 2, ch. 83-25; s. 1, ch. 83-251; s. 29, ch. 84-302; s. 1, ch. 86-7; s. 6, ch. 89-338; s. 8, ch. 90-315; s. 32, ch. 91-107; s. 536, ch. 95-147; s. 1, ch. 95-156; s. 9, ch. 99-318; s. 9, ch. 99-326; s. 3, ch. 2001-75; s. 11, ch. 2005-277; s. 51, ch. 2005-278; s. 7, ch. 2005-286; s. 16, ch. 2007-30; s. 14, ch. 2011-40; s. 13, ch. 2021-11; s. 1, ch. 2023-49. Note.—Former ss. 102.32, 102.33, 102.351, 102.36, 102.66, 102.69.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 99.061
Total Results: 43
97 So. 2d 464
Supreme Court of Florida | Filed: Jun 19, 1957 | Docket: 458379
Cited 50 times | Published
is a candidate for a certain office.'
*468 "Section 99.061(2), as amended by Chapter 29936, Laws of Florida
85 So. 2d 124
Supreme Court of Florida | Filed: Jan 30, 1956 | Docket: 1290723
Cited 26 times | Published
Chapter 29936, Laws of Florida, Acts of 1955, Section 99.061, Fla. Stat. 1955, F.S.A., from accepting such
331 F.3d 817, 2003 WL 21196520
Court of Appeals for the Eleventh Circuit | Filed: May 22, 2003 | Docket: 65655452
Cited 22 times | Published
candidates, pursuant to Fla. Stat. ch. 99.061. Section 99.061 does not reveal a potential injury in fact
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
candidates, pursuant to FLA. STAT. ch. 99.061. Section 99.061 does not reveal a potential injury in fact
234 F. Supp. 2d 1275, 2002 U.S. Dist. LEXIS 23448, 2002 WL 31740366
District Court, S.D. Florida | Filed: Dec 3, 2002 | Docket: 2380162
Cited 14 times | Published
candidates must qualify in advance. Fla. Stat. § 99.061(3) (2001). There is no fee for doing so. § 99
345 So. 2d 330, 2 Media L. Rep. (BNA) 1822
Supreme Court of Florida | Filed: Mar 10, 1977 | Docket: 1477620
Cited 14 times | Published
Section 106.011(1)(b), Florida Statutes.
[2] Section 99.061(1), Florida Statutes.
[3] Chapter 73-128,
83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122
Supreme Court of Florida | Filed: Mar 9, 2012 | Docket: 60306488
Cited 10 times | Published
between June 4 and June 8, 2012, pursuant to section 99.061, Florida Statutes.
. See, e.g., Lightbourne
993 So. 2d 64, 2008 WL 4093363
District Court of Appeal of Florida | Filed: Sep 5, 2008 | Docket: 1516066
Cited 10 times | Published
standard.
We begin with the text of the statute. Section 99.061(5), Florida Statutes provides that "each candidate
300 So. 2d 79
District Court of Appeal of Florida | Filed: Aug 13, 1974 | Docket: 1729198
Cited 9 times | Published
qualification papers to be filed in accordance with Florida Statute 99.061(1); that the said Robert W. Gordon was
89 So. 3d 872, 37 Fla. L. Weekly Supp. 319, 2012 Fla. LEXIS 834, 2012 WL 1476065
Supreme Court of Florida | Filed: Apr 27, 2012 | Docket: 60308843
Cited 6 times | Published
qualifying papers with the Department of State. § 99.061(1), Fla. Stat. (2011). Among the qualifying documents
871 F. Supp. 426
District Court, N.D. Florida | Filed: Jun 14, 1993 | Docket: 1274721
Cited 6 times | Published
the first primary (document 2 at 8). Fla.Stat. § 99.061(8) provides that
Notwithstanding the qualifying
715 So. 2d 382, 1998 WL 536352
District Court of Appeal of Florida | Filed: Aug 25, 1998 | Docket: 1366105
Cited 5 times | Published
court ruled that the supervisor was required by section 99.061(7)(b), Florida Statutes (1997), to notify Mr
457 So. 2d 1140
District Court of Appeal of Florida | Filed: Oct 23, 1984 | Docket: 1522432
Cited 4 times | Published
state that he has not qualified pursuant to section 99.061 to run for nomination in a primary election
388 So. 2d 556
Supreme Court of Florida | Filed: Sep 17, 1980 | Docket: 1520941
Cited 4 times | Published
1307 (2d ed. 1976).
[4] It is argued that section 99.061(3) sheds light on the timing of declaration
254 So. 3d 604
District Court of Appeal of Florida | Filed: Aug 23, 2018 | Docket: 7725970
Cited 3 times | Published
031(5)(a)1., there is more case law
interpreting section 99.061(7)(a)1., Florida Statutes, which
applies broadly
642 So. 2d 1, 1994 WL 246506
District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 549934
Cited 3 times | Published
assessment, and the party assessment, which section 99.061(1), Florida Statutes (1993), requires candidates
351 So. 2d 44
District Court of Appeal of Florida | Filed: Jun 24, 1976 | Docket: 1246844
Cited 3 times | Published
address the public."
* * * * * *
[2] pursuant to § 99.061, Fla. Stat.
147 So. 3d 613, 2014 Fla. App. LEXIS 14004, 2014 WL 4426359
District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 60243293
Cited 2 times | Published
GROSS and CONNER, JJ., concur.
. Pursuant to section 99.061(4)(b), Florida Statutes (2014), write-in candidates
268 So. 3d 668
Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958306
Cited 1 times | Published
Stat. (2018) ; § 99.096, Fla. Stat. (2018) ; § 99.061(4)(b), Fla. Stat. (2018).
Regarding qualifying
926 F. Supp. 1540, 1996 U.S. Dist. LEXIS 7199, 1996 WL 226904
District Court, N.D. Florida | Filed: May 24, 1996 | Docket: 2167564
Cited 1 times | Published
set out by Section 99.061(1), Florida Statutes, the 1990 amendment adding Section 99.061(8) provides:
Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69639414
Published
mandamus, see art. V, § 3(b)(8), Fla.
2. See § 99.061(7), Fla. Stat. (2024) (listing required items
District Court of Appeal of Florida | Filed: Feb 11, 2025 | Docket: 69630529
Published
candidates in municipal
elections, citing Section 99.061, Florida Statutes (2024).
District Court of Appeal of Florida | Filed: Dec 26, 2024 | Docket: 69497459
Published
264 (Fla.
4th DCA 2024) (“We must enforce [section 99.061(7), Florida Statutes
(2023)] as written.”)
District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378572
Published
interests required by section 99.061(5). See
5
§ 99.061(7)(a)1.–5., Fla
District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69268480
Published
failure to pay the qualifying fee as provided
in section 99.061(7)(a)1., Florida Statutes (2023) (“Failure
District Court of Appeal of Florida | Filed: Feb 27, 2024 | Docket: 68286006
Published
payment of the qualifying fee is governed by section
99.061(7)(a)1., Florida Statutes (2023).
The
District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68057214
Published
of Representatives starts on
April 8, 2024. See § 99.061(8), Fla. Stat. (2023). The parties were
correct
Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498536
Published
petition process pursuant to s. 99.095.” And section 99.061(4)(b), Florida Statutes
(2018), states that
257 So. 3d 168
District Court of Appeal of Florida | Filed: Nov 13, 2018 | Docket: 8168696
Published
Ryan Torrens submitted the items listed
in section 99.061(7), Florida Statutes (2017), and qualified
200 So. 3d 765, 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044, 2016 WL 4945053
Supreme Court of Florida | Filed: Sep 15, 2016 | Docket: 4422290
Published
created, the City Clerk referred Wright to section 99.061(7)(a)l. of the Florida Statutes which provides:
199 So. 3d 381, 2016 Fla. App. LEXIS 12424, 2016 WL 4376766
District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 4121048
Published
expedited review.
II. Analysis
3
Section 99.061(7) of the Florida Statutes governs the process
153 So. 3d 295
District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1421768
Published
gathering constituent signatures.
See
§ 99.061(5), (7)(a)(l)-(2), Fla. Stat. These qualifications
146 So. 3d 1224, 2014 Fla. App. LEXIS 14777
District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310544
Published
shall disqualify the candidate.
...
§ 99.061(7)(a)1, Fla. Stat. (2014) (various emphases added)
District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185361
Published
all registered
voters.3
1 Pursuant to section 99.061(4)(b), Florida Statutes (2014), write-in
candidates
District Court of Appeal of Florida | Filed: Sep 2, 2014 | Docket: 1157819
Published
federal, state, county, or
district office, section 99.061(7), Florida Statutes (2014), sets forth the
883 F. Supp. 2d 1231, 2012 WL 3276965, 2012 U.S. Dist. LEXIS 113090
District Court, S.D. Florida | Filed: Jul 25, 2012 | Docket: 65984037
Published
2012, and noon on April 20, 2012. See Fla. Stat. § 99.061 (listing requirements). Further, by Florida Statute
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
state.fl.us/ publications/index. shtml.
. See § 99.061(2), Fla. Stat. (2005) (stating that candidates
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
state.fl.us/ publications/index. shtml.
. See § 99.061(2), Fla. Stat. (2005) (stating that candidates
Florida Attorney General Reports | Filed: Mar 3, 1978 | Docket: 3258156
Published
receipt and filing fee.' (Emphasis supplied.) Section 99.061(1) and (2) required candidates for state and
Florida Attorney General Reports | Filed: Aug 27, 1974 | Docket: 3255143
Published
filing fees of candidates for state offices. Section 99.061(1) and (2), F.S. Within ten days after the
352 F. Supp. 227, 1972 U.S. Dist. LEXIS 12118
District Court, M.D. Florida | Filed: Sep 1, 1972 | Docket: 66082905
Published
CURIAM:
The Florida Election Code, Florida Statutes § 99.061(1), F.S.A., requires candidates seeking election
265 So. 2d 56, 1972 Fla. App. LEXIS 6362
District Court of Appeal of Florida | Filed: Aug 4, 1972 | Docket: 64527058
Published
office he assumed in 1968 and extends to 1974.
Section, 99.061(4), Florida Statutes, F.S.A., provides that
235 So. 2d 502, 1970 Fla. LEXIS 2760
Supreme Court of Florida | Filed: May 15, 1970 | Docket: 64514698
Published
parties for the office of Governor of the State (Section 99.061(2)); for holding of such primaries of such
