Florida Statutes
Fla. Stat. § 99.092 (2025)
Qualifying fee of candidate; notification of Department of State.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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99.092 Qualifying fee of candidate; notification of Department of State.—
(1) Each person seeking to qualify for nomination or election to any office, except a person seeking to qualify by the petition process pursuant to s. 99.095 and except a person seeking to qualify as a write-in candidate, shall pay a qualifying fee, which shall consist of a filing fee and election assessment, to the officer with whom the person qualifies, and any party assessment levied, and shall attach the original or signed duplicate of the receipt for his or her party assessment or pay the same, in accordance with the provisions of s. 103.121, at the time of filing his or her other qualifying papers. The amount of the filing fee is 3 percent of the annual salary of the office. The amount of the election assessment is 1 percent of the annual salary of the office sought. The election assessment shall be transferred to the Elections Commission Trust Fund. The amount of the party assessment is 2 percent of the annual salary. The annual salary of the office for purposes of computing the filing fee, election assessment, and party assessment shall be computed by multiplying 12 times the monthly salary, excluding any special qualification pay, authorized for such office as of July 1 immediately preceding the first day of qualifying. No qualifying fee shall be returned to the candidate unless the candidate withdraws his or her candidacy before the last date to qualify. If a candidate dies prior to an election and has not withdrawn his or her candidacy before the last date to qualify, the candidate’s qualifying fee shall be returned to his or her designated beneficiary, and, if the filing fee or any portion thereof has been transferred to the political party of the candidate, the Secretary of State shall direct the party to return that portion to the designated beneficiary of the candidate.
(2) The supervisor of elections shall, immediately after the last day for qualifying, submit to the Department of State a list containing the names, party affiliations, and addresses of all candidates and the offices for which they qualified.
History.—s. 24, ch. 6469, 1913; RGS 328; CGL 385; s. 3, ch. 26870, 1951; s. 12, ch. 29934, 1955; s. 4, ch. 65-378; s. 1, ch. 67-531; ss. 10, 35, ch. 69-106; s. 6, ch. 69-281; s. 1, ch. 74-119; s. 1, ch. 75-123; s. 1, ch. 75-247; s. 6, ch. 77-175; s. 28, ch. 79-400; s. 4, ch. 81-105; s. 1, ch. 83-242; s. 8, ch. 89-338; s. 1, ch. 91-107; s. 537, ch. 95-147; s. 11, ch. 97-13; s. 2, ch. 99-140; s. 10, ch. 99-318; s. 13, ch. 2005-277; s. 2, ch. 2010-16; s. 16, ch. 2011-40.
Note.—Former ss. 102.31, 99.031.
Notes of Decisions
Cited in 16
cases, 1969–2016 · leading case: Martinez v. Bush, 234 F. Supp. 2d 1275 (S.D. Fla. 2002).
Martinez v. Bush, 234 F. Supp. 2d 1275 (S.D. Fla. 2002). “§ 99.092(1), Fla. Stat. (2001). If no write-in candidate qualifies for an election, the ballot provides no block for writing in a candidate.”
Jennifer Brinkmann v. Tyron Francois, etc., 184 So. 3d 504 (Fla. 2016). “0615; those who pay a qualifying fee under section 99.092, Florida Statutes (2014); or someone seeking to qualify by the petition process under section 99.”
Green v. Mortham, 155 F.3d 1332 (11th Cir. 1998). “Fla. Stat. Ann. § 99.092 (West Supp.1998).”
Green v. Mortham, 989 F. Supp. 1451 (M.D. Fla. 1998). “Currently, section 99.092, Florida Statutes provides, in pertinent part, that: Each person seeking to qualify for nomination or election to any office, except a person .”
Norman E. Wymbs & Ann R. Cassady v. Repub. State Exec. Comm. of Florida, 719 F.2d 1072 (11th Cir. 1983). “111; and (4) the collection of party assessments from candidates, as provided in Fla.Stat.Ann. § 99.092. Wymbs alleged that when the Committee carries out these four “governmental functions” it violates his fourteenth amendment right to equal protection of the law.”
Fowler v. Adams, 315 F. Supp. 592 (M.D. Fla. 1970). “1968): “The court further notes that the fee prescribed in § 99.092 (1), supra, is reasonable. Without a qualifying fee, the primary system in Florida would be paralyzed by an avalanche of candidates which would so confuse the use of the ballot as to make it inoperative from a…”
STATE BY BUTTERWORTH v. Repub. Party, 604 So. 2d 477 (Fla. 1992). “§ 99.092, Fla. Stat. (1991). [3] Section 106.”
Boudreau v. Winchester, 642 So. 2d 1 (Fla. 4th DCA 1994). “Pursuant to section 99.092, Florida Statutes, one seeking nomination to office, other than as a write-in candidate or under section 99.”
Wetherington v. Adams, 309 F. Supp. 318 (N.D. Fla. 1970). “OPINION AND ORDER ARNOW, District Judge: Complaint was filed by Plaintiff, the thrust of which seeks declaratory judgment that Chapter 99, Laws of Florida, Subsection (1) of Section 99.092, as amended by the 1967 Legislature, violates the Fourteenth Amendment of the Constitution…”
Spillers v. Slaughter, 325 F. Supp. 550 (M.D. Fla. 1971). “For the reasons we have stated this court holds that Section 99.092 Florida Statutes, F.S.A., as it applies to the plaintiffs and intervenors in these cases, does not contravene the First and Fourteenth Amendments to the Constitution of the United States.”
Sec'y of State v. Milligan, 704 So. 2d 152 (Fla. 1st DCA 1997). “5 percent of the annual salary of the office, with 1.5 percent of the annual salary transferred to the Trust Fund and the remainder distributed pursuant to section 99.”
Florence Diffenderfer, Individually & on Behalf of All Others Similarly Situated v. Porter Homer, Cnty. Manager of Dade Cnty., Florida, 408 F.2d 1344 (5th Cir. 1969). “Fla.Stat. §§ 99.092, 99.103, F.S.A., which provide: “99.”
— 99.092(1) — 5 cases
Martinez v. Bush, 234 F. Supp. 2d 1275 (S.D. Fla. 2002). “§ 99.092(1), Fla. Stat. (2001). If no write-in candidate qualifies for an election, the ballot provides no block for writing in a candidate.”
Green v. Mortham, 989 F. Supp. 1451 (M.D. Fla. 1998). “Currently, section 99.092, Florida Statutes provides, in pertinent part, that: Each person seeking to qualify for nomination or election to any office, except a person .”
Fowler v. Adams, 315 F. Supp. 592 (M.D. Fla. 1970). “1968): “The court further notes that the fee prescribed in § 99.092 (1), supra, is reasonable. Without a qualifying fee, the primary system in Florida would be paralyzed by an avalanche of candidates which would so confuse the use of the ballot as to make it inoperative from a…”
Boudreau v. Winchester, 642 So. 2d 1 (Fla. 4th DCA 1994). “Pursuant to section 99.092, Florida Statutes, one seeking nomination to office, other than as a write-in candidate or under section 99.”
Slaughter v. State ex rel. Harrell, 245 So. 2d 126 (Fla. 1st DCA 1971).
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