Florida Statute 99.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 99
CANDIDATES

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F.S. 99.061

99.061 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.

F.S. 99.061 on Google Scholar

F.S. 99.061 on Casetext

Amendments to 99.061

Arrestable Offenses / Crimes under Fla. Stat. 99.061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 99.061.

Annotations, Discussions, Cases:

Cases Citing Statute 99.061

Total Results: 20

CYNTHIA HARRIS v. GLEN GILZEAN, in His Official Capacity as Orange County Supervisor of Elections, and DAN HELM, Individually

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: pay the qualifying fee as provided in section 99.061(7)(a)1., Florida Statutes (2023) (“Failure to pay…appeal: the trial court’s interpretation of section 99.061(7)(a)1.; the standing of appellee and opposing…qualifications of a congressional candidate under section 99.061(7) but distinguished “mandamus and declaratory …review the trial court’s interpretation of section 99.061(7)(a)1. on Harris’s framing of the issue, we would

Glen Spiritis v. Julie Botel

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-27T00:00:00-08:00

Snippet: § 99.061(7)(a)1., Fla. Stat. (2023) (emphasis added). Dr. Botel argues that section 99.061(7)(a…each of the other provisions in section 99.061, section 99.061(7) is not limited to a specific category…Botel’s argument that section 99.061(7) does not apply. Section 99.061(7)’s history is convoluted. …Instead, we focus on section 99.061(7)’s plain language. Section 99.061(7) requires candidates to pay…payment of the qualifying fee is governed by section 99.061(7)(a)1., Florida Statutes (2023). The form

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: Representatives starts on April 8, 2024. See § 99.061(8), Fla. Stat. (2023). The parties were correct

Orange County, Florida v. Rick Singh, etc.

Court: Fla. | Date Filed: 2019-04-18T00:00:00-07:00

Citation: 268 So. 3d 668

Snippet: Stat. (2018) ; § 99.096, Fla. Stat. (2018) ; § 99.061(4)(b), Fla. Stat. (2018). Regarding qualifying …election to county offices in particular, section 99.061(2) (emphasis added) provides that "each person…political parties during the primary election. See § 99.061(2), Fla. Stat. (candidates for county offices may

Orange County, Florida v. Rick Singh, etc.

Court: Fla. | Date Filed: 2019-01-03T23:53:00-08:00

Snippet: petition process pursuant to s. 99.095.” And section 99.061(4)(b), Florida Statutes (2018), states that, after…election to county offices in particular, section 99.061(2) (emphasis added) provides that “each person …22 - parties during the primary election. See § 99.061(2), Fla. Stat. (candidates for county offices

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: than its non-specific reference to section 99.061. Section 99.061(7), relating to qualifying, provides: …Ryan Torrens submitted the items listed in section 99.061(7), Florida Statutes (2017), and qualified as a…properly met the qualifying criteria in section 99.061, Florida Statutes (2017), the court concluded that…has properly qualified for office under section 99.061(7). Our sister courts have also recognized

Terrence Boatman v. Thomas "Tommy" Hardee, in his official capacity etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-23T00:00:00-07:00

Citation: 254 So. 3d 604

Snippet: 1., there is more case law interpreting section 99.061(7)(a)1., Florida Statutes, which applies broadly…offices other than judicial or school board member. § 99.061(1)-(3), Fla. Stat. This statute includes nearly…subparagraph shall disqualify the candidate. § 99.061(7)(a)1., Fla. Stat. (2010) 1 (emphasis added). …strict compliance with the fee provision in section 99.061 led to an absurd result in that case, though the…period had ended. Wright, 200 So. 3d at 767. Section 99.061(7)(a)1. had previously permitted a candidate a

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, 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044

Snippet: POLSTON, J., dissenting. ' Section 99.061(7)(a) 1., Florida Statutes (2016) (emphasis added…fail under this Court’s precedent. Because section 99.061(7)(a) 1. serves thé legitimate government purpose

Wright v. City of Miami Gardens

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-17T00:00:00-07:00

Citation: 199 So. 3d 381, 2016 Fla. App. LEXIS 12424, 2016 WL 4376766

Snippet: review. II. Analysis 3 Section 99.061(7) of the Florida Statutes governs the process …process of qualifying for election to office. Section 99.061(7)(a)l. provides as follows: (7)(a) In order…one of great public importance: Does section 99.061(7)(a)l. require a candidate’s disqualification …that, prior to the Legislature amending section 99.061(7)(a) in 2011, candidates had 48 hours from notification…check, “the end of qualifying notwithstanding.” § 99.061(7)(a)l., Fla. Stat. (2010). Candidates for judicial

DANIEL JOHN MATTHEWS v. Michael Steinberg, Craig Latimer, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-22T00:00:00-07:00

Citation: 153 So. 3d 295

Snippet: gathering constituent signatures. See § 99.061(5), (7)(a)(l)-(2), Fla. Stat. These qualifications

Laura Rivero Levey v. Ken Detzner, Secretary of State, State of

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-22T00:00:00-07:00

Citation: 146 So. 3d 1224, 2014 Fla. App. LEXIS 14777

Snippet: federal, state, county, or district office, section 99.061(7), Florida Statutes (2014), sets forth the items…that despite the harshness of the result, section 99.061(7)(a)l. precluded the granting of relief. We agree…the fact that under an earlier version of section 99.061, if a candidate’s qualifying check was returned… “the end of qualifying notwithstanding.” See § 99.061(7)(a)l., Fla. Stat. (2010). The operative language

Tyron Francois v. Jennifer Brinkmann, Rico Petrocelli and Dr. Brenda C. Snipes, in her official capacity as Supervisor of Elections of Broward County, Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-10T00:53:00-07:00

Snippet: registered voters.3 1 Pursuant to section 99.061(4)(b), Florida Statutes (2014), write-in candidates… election, irrespective of party affiliation. § 99.061(4)(b), Fla. Stat. (2014). 2 The UPA states:

Francois v. Brinkmann

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-10T00:00:00-07:00

Citation: 147 So. 3d 613, 2014 Fla. App. LEXIS 14004, 2014 WL 4426359

Snippet: and CONNER, JJ., concur. . Pursuant to section 99.061(4)(b), Florida Statutes (2014), write-in candidates

Laura Rivero Levey v. Ken Detzner, Secretary of State, State of

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-02T00:53:00-07:00

Snippet: federal, state, county, or district office, section 99.061(7), Florida Statutes (2014), sets forth the items… 3 harshness of the result, section 99.061(7)(a)1. precluded the granting of relief. We agree… fact that under an earlier version of section 99.061, if a candidate’s qualifying check was returned…of qualifying notwithstanding.” See § 99.061(7)(a)1., Fla. Stat. (2010). The operative language…full amount of the filing fee. § 99.061(7)(a)1., Fla. Stat. (2014). Although her campaign

Telli v. Snipes

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-26T00:00:00-07:00

Citation: 98 So. 3d 1284, 2012 Fla. App. LEXIS 18770, 2012 WL 5274898

Snippet: write-in candidates. See §§ 97.021(5)(b) & 99.061, Fla. Stat. (2012). With regards to the viability

In re Senate Joint Resolution of Legislative Apportionment 2-B

Court: Fla. | Date Filed: 2012-04-27T00:00:00-07:00

Citation: 89 So. 3d 872, 37 Fla. L. Weekly Supp. 319, 2012 Fla. LEXIS 834, 2012 WL 1476065

Snippet: qualifying papers with the Department of State. § 99.061(1), Fla. Stat. (2011). Among the qualifying documents

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Fla. | Date Filed: 2012-03-09T00:00:00-08:00

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: between June 4 and June 8, 2012, pursuant to section 99.061, Florida Statutes. . See, e.g., Lightbourne v

Browning v. Young

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

Citation: 993 So. 2d 64

Snippet: We begin with the text of the statute. Section 99.061(5), Florida Statutes provides that "each candidate… is given on this point in the statute. Section 99.061(5) does not expressly require that a candidate&…verification requirement such as this in section 99.061(5), for the execution of a financial disclosure… argument unfolds in a number of steps. Section 99.061(5) requires a candidate to submit a financial disclosure… this sequence of statutes to mean that section 99.061(5) requires a notary acknowledgment on a financial

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-05-02T00:53:00-07:00

Snippet: 221 (Fla. 1st DCA 1983); Op. Att'y Gen. Fla. 99-61 (1999) (in construing statute, court will consider

Ago

Court: Fla. Att'y Gen. | Date Filed: 2006-05-05T00:53:00-07:00

Snippet: 410 (Fla. 4th DCA 1996); Ops. Att'y Gen. Fla. 99-61 (1999) (staff analysis of legislation should be