Florida Statutes

Fla. Stat. § 99.061 (2025)

Method of qualifying for nomination or election to federal, state, county, or district office.

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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.

Notes of Decisions

Cited in 41 cases (8 in the last 5 years), 1955–2025 · leading case: James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016).

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James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016). · cites it 37× “The result in this case is buttressed by the fact that under an earlier version of section 99.061, if a candidate’s qualifying check was returned, the candidate was allowed 48 hours after being notified of that fact by the filing officer to pay the fee by cashier’s check, “the…”

Laura Rivero Levey v. Ken Detzner, Sec'y of State, State of, 146 So. 3d 1224 (Fla. 1st DCA 2014). · cites it 27× “Specifically, the Legislature in Section 14, Chapter 2011-40, Laws of Florida, amended Section 99.061 (7)(a)7 [sic], Florida Statutes, to eliminate or preclude the relief sought by [Levey] in this case.”

Martinez v. Bush, 234 F. Supp. 2d 1275 (S.D. Fla. 2002). · cites it 8× “Fla. Stat. § 99.061 (3) (2001). There is no fee for doing so.”

Sancho v. Joanos, 715 So. 2d 382 (Fla. 1st DCA 1998). · cites it 19× “061(7)(a) within the qualifying period prescribed by section 99.061(2). The circuit court therefore ordered the supervisor to permit Mr.”

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). · cites it 10× “See § 99.061(2), Fla. Stat. (candidates for county offices may qualify for nomination or election by filing the qualifying papers and paying “the filing fee and election assessment, and party assessment”); § 97.”

Browning v. Young, 993 So. 2d 64 (Fla. 1st DCA 2008). · cites it 6× “Section 99.061(5), Florida Statutes provides that "each candidate for a constitutional office shall file a full and public disclosure of financial interests," pursuant to Article II, section 8, of the Florida Constitution.”

Johnson v. Mortham, 926 F. Supp. 1540 (N.D. Fla. 1996). · cites it 14× “Although this is the period set out by Section 99.061(1), Florida Statutes, the 1990 amendment adding Section 99.”

In re Senate Jt. Resolution of Legislative Apportionment 1176, 83 So. 3d 597 (Fla. 2012). · cites it 2× “According to the comment filed on behalf of the Florida State Association of Supervisors of Election, the qualifying date for all federal, state, county, and district candidates is between June 4 and June 8, 2012, pursuant to section 99.061, Florida Statutes. . See, e.”

Advisory Opinion to the Governor re Sheriff & Jud. Vacancies Due to Resignations, 928 So. 2d 1218 (Fla. 2006). · cites it 3× “See §§ 99.061(1), 105.031(1), Fla. Stat. (2005) (stating that candidates for these offices may qualify after noon of the 120th day but no later than noon of the 116th day prior to the date of the primary election); see also Florida Department of State, Division of Elections,…”

State Ex Rel. Limpus v. Newell, 85 So. 2d 124 (Fla. 1956). · cites it 4× “The respondent *126 has declined to accept such qualifying statement and fee at this time on the ground that he is prohibited by the provisions of Chapter 29936, Laws of Florida, Acts of 1955, Section 99.061, Fla. Stat. 1955, F.S.A., from accepting such tenders or permitting…”

Sadowski v. Shevin, 345 So. 2d 330 (Fla. 1977). · cites it 2× “[2] Section 99.061(1), Florida Statutes. [3] Chapter 73-128, Laws of Florida, was entitled "AN ACT relating to elections; regulating campaign finances; .”

Lacasa v. Townsley, 883 F. Supp. 2d 1231 (S.D. Fla. 2012). · cites it 4× “See Fla. Stat. § 99.061 (listing requirements).”

Show all 41 citing cases →

— 99.061(1) — 7 cases

James Barry Wright v. City of Miami Gardens, etc., 200 So. 3d 765 (Fla. 2016). “The result in this case is buttressed by the fact that under an earlier version of section 99.061, if a candidate’s qualifying check was returned, the candidate was allowed 48 hours after being notified of that fact by the filing officer to pay the fee by cashier’s check, “the…”

Sadowski v. Shevin, 345 So. 2d 330 (Fla. 1977). “[2] Section 99.061(1), Florida Statutes. [3] Chapter 73-128, Laws of Florida, was entitled "AN ACT relating to elections; regulating campaign finances; .”

Johnson v. Mortham, 926 F. Supp. 1540 (N.D. Fla. 1996). “Although this is the period set out by Section 99.061(1), Florida Statutes, the 1990 amendment adding Section 99.”

Advisory Opinion to the Governor re Sheriff & Jud. Vacancies Due to Resignations, 928 So. 2d 1218 (Fla. 2006). “See §§ 99.061(1), 105.031(1), Fla. Stat. (2005) (stating that candidates for these offices may qualify after noon of the 120th day but no later than noon of the 116th day prior to the date of the primary election); see also Florida Department of State, Division of Elections,…”

In re Senate Jt. Resolution of Legislative Apportionment 2-B, 89 So. 3d 872 (Fla. 2012).

— 99.061(10) — 2 cases

Laura Rivero Levey v. Ken Detzner, Sec'y of State, State of, 146 So. 3d 1224 (Fla. 1st DCA 2014). “Specifically, the Legislature in Section 14, Chapter 2011-40, Laws of Florida, amended Section 99.061 (7)(a)7 [sic], Florida Statutes, to eliminate or preclude the relief sought by [Levey] in this case.”

Carey Baker v. Mark v. Jordan & D. Alan Hays, as Supervisor of Elections, Lake Cnty., Florida (Fla. 5th DCA 2024).

— 99.061(2) — 6 cases

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). “See § 99.061(2), Fla. Stat. (candidates for county offices may qualify for nomination or election by filing the qualifying papers and paying “the filing fee and election assessment, and party assessment”); § 97.”

Sancho v. Joanos, 715 So. 2d 382 (Fla. 1st DCA 1998). “061(7)(a) within the qualifying period prescribed by section 99.061(2). The circuit court therefore ordered the supervisor to permit Mr.”

Ervin v. Capital Weekly Post, 97 So. 2d 464 (Fla. 1957).

Beller v. Adams, 235 So. 2d 502 (Fla. 1970).

— 99.061(3) — 1 case

Repub. State Exec. Comm. v. Graham, 388 So. 2d 556 (Fla. 1980).

— 99.061(4) — 1 case

State ex rel. Cherry v. Stone, 265 So. 2d 56 (Fla. 1st DCA 1972).

— 99.061(4)(b) — 5 cases

Francois v. Brinkmann, 147 So. 3d 613 (Fla. 4th DCA 2014).

Tyron Francois v. Jennifer Brinkmann, Rico Petrocelli & Dr. Brenda C. Snipes, in her Off. capacity as Supervisor of Elections of Broward Cnty., Florida (Fla. 4th DCA 2014).

Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019).

Luis Pedraza v. the City of Miramar, Florida (Fla. 4th DCA 2025).

— 99.061(5) — 3 cases

Browning v. Young, 993 So. 2d 64 (Fla. 1st DCA 2008). “Section 99.061(5), Florida Statutes provides that "each candidate for a constitutional office shall file a full and public disclosure of financial interests," pursuant to Article II, section 8, of the Florida Constitution.”

DANIEL JOHN MATTHEWS v. Michael Steinberg, Craig Latimer, etc., 153 So. 3d 295 (Fla. 1st DCA 2014).

Carey Baker v. Mark v. Jordan & D. Alan Hays, as Supervisor of Elections, Lake Cnty., Florida (Fla. 5th DCA 2024).

— 99.061(6) — 2 cases

Debbie Mayfield v. Sec'y, Florida Dep't of State (Fla. 2025).

— 99.061(7) — 9 cases

Glen Spiritis v. Julie Botel (Fla. 4th DCA 2024).

Wright v. City of Miami Gardens, 199 So. 3d 381 (Fla. 3d DCA 2016).

Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his Off. capacity as the Sec'y of State Dep't of State, Div. of Elections, 257 So. 3d 168 (Fla. 1st DCA 2018).

— 99.061(7)(a) — 9 cases

Sancho v. Joanos, 715 So. 2d 382 (Fla. 1st DCA 1998). “061(7)(a) within the qualifying period prescribed by section 99.061(2). The circuit court therefore ordered the supervisor to permit Mr.”

Wright v. City of Miami Gardens, 199 So. 3d 381 (Fla. 3d DCA 2016).

Glen Spiritis v. Julie Botel (Fla. 4th DCA 2024).

— 99.061(7)(b) — 2 cases

Sancho v. Joanos, 715 So. 2d 382 (Fla. 1st DCA 1998). “061(7)(a) within the qualifying period prescribed by section 99.061(2). The circuit court therefore ordered the supervisor to permit Mr.”

Debbie Mayfield v. Sec'y, Florida Dep't of State (Fla. 2025).

— 99.061(7)(c) — 3 cases

Debbie Mayfield v. Sec'y, Florida Dep't of State (Fla. 2025).

Luis Pedraza v. the City of Miramar, Florida (Fla. 4th DCA 2025).

Carey Baker v. Mark v. Jordan & D. Alan Hays, as Supervisor of Elections, Lake Cnty., Florida (Fla. 5th DCA 2024).

— 99.061(8) — 3 cases

Johnson v. Mortham, 926 F. Supp. 1540 (N.D. Fla. 1996). “Although this is the period set out by Section 99.061(1), Florida Statutes, the 1990 amendment adding Section 99.”

US Taxpayers Party of Florida v. Smith, 871 F. Supp. 426 (N.D. Fla. 1993).

Byrd, The Florida Senate v. Black Voters Matter Capacity Bldg. Inst., Inc., Equal Ground Educ. Fund, Inc. (Fla. 1st DCA 2023).

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