99.095
Petition process in lieu of a qualifying fee and party assessment.
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99.095 Petition process in lieu of a qualifying fee and party assessment.—
(1) A person who seeks to qualify as a candidate for any office and who meets the petition requirements of this section is not required to pay the qualifying fee or party assessment required by this chapter.
(2)(a) Except as provided in paragraph (b), a candidate must obtain the number of signatures of voters in the geographical area represented by the office sought equal to at least 1 percent of the total number of registered voters of that geographical area, as shown by the compilation by the department for the immediately preceding general election. Signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository pursuant to s. 106.021 and are valid only for the qualifying period immediately following such filings.
(b) A candidate for a special district office shall obtain 25 signatures of voters in the geographical area represented by the office sought.
(c) The format of the petition shall be prescribed by the division and shall be used by candidates to reproduce petitions for circulation. If the candidate is running for an office that requires a group or district designation, the petition must indicate that designation and, if it does not, the signatures are not valid. A separate petition is required for each candidate.
(d) In a year of apportionment, any candidate for county or district office seeking ballot position by the petition process may obtain the required number of signatures from any registered voter in the respective county, regardless of district boundaries. The candidate shall obtain at least the number of signatures equal to 1 percent of the total number of registered voters, as shown by a compilation by the department for the immediately preceding general election, divided by the total number of districts of the office involved.
(3) Each petition must be submitted before noon of the 28th day preceding the first day of the qualifying period for the office sought to the supervisor of elections of the county in which such petition was circulated. Each supervisor shall check the signatures on the petitions to verify their status as voters in the county, district, or other geographical area represented by the office sought. No later than the 7th day before the first day of the qualifying period, the supervisor shall certify the number of valid signatures.
(4)(a) Certifications for candidates for federal, state, multicounty district, or multicounty special district office shall be submitted to the division no later than the 7th day before the first day of the qualifying period for the office sought. The division shall determine whether the required number of signatures has been obtained and shall notify the candidate.
(b) For candidates for county, district, or special district office not covered by paragraph (a), the supervisor shall determine whether the required number of signatures has been obtained and shall notify the candidate.
(5) If the required number of signatures has been obtained, the candidate is eligible to qualify pursuant to s. 99.061.
History.—s. 2, ch. 74-119; s. 6, ch. 77-175; s. 29, ch. 79-400; s. 10, ch. 89-338; s. 9, ch. 90-315; s. 539, ch. 95-147; s. 3, ch. 99-140; s. 1, ch. 99-318; s. 14, ch. 2005-277; s. 9, ch. 2005-286; s. 17, ch. 2007-30; s. 11, ch. 2008-95; s. 18, ch. 2011-40.
Notes of Decisions
Cited in 9
cases, 1974–2016 · leading case: Jennifer Brinkmann v. Tyron Francois, etc.
Jennifer Brinkmann v. Tyron Francois, etc. (2016)
“092, Florida Statutes (2014); or someone seeking to qualify by the petition process under section 99.095, Florida Statutes (2014). Thus, it is- evident that the constitutional eligibility requirement of residency at the time of election applies to every county commissioner…”
Advisory Opinion to the Governor re Sheriff & Judicial Vacancies Due to Resignations (2006)
“We are aware from the briefs filed by attorneys Eskin and Holt that even though the qualifying period for Judge Stephenson’s seat has not yet begun, several candidates have stated their intent to run, and at least one candidate has actively pursued qualification through the…”
Green v. Mortham (1998)
“” Fla. Stat. Ann. § 99.095 (2) (1982). Green did not meet either requirement by the respective deadline.”
Green v. Mortham (1998)
“In this regard, section 99.095 currently provides, in pertinent part, as follows: (1) A person seeking to qualify for nomination to any office may qualify to have his or her name placed on the ballot for the first primary election by means of the petitioning process prescribed…”
Sancho v. Joanos (1998)
“Another required item is a check for the qualifying fee or a copy of the notice that the candidate has obtained a ballot position pursuant to section 99.095, which prescribes a petitioning process whereby a candidate may qualify for ballot placement without paying the qualifying…”
Danciu v. Glisson (1974)
“We have also examined the requirement of 5% for candidates seeking to qualify under F.S. § 99.095 by means of petition for nomination in a primary election.”
Boudreau v. Winchester (1994)
“092, Florida Statutes, one seeking nomination to office, other than as a write-in candidate or under section 99.095 (providing an alternative method of qualifying by petitioning process), must pay fees which total 7 1/2% of the annual salary of the office, broken down as…”
Carroll v. Mack (2000)
“Meanwhile, Mack, a Broward County resident, sought to qualify for nomination using the “Alternative Method for Qualifying” under Florida Statute section 99.095 (1999)(“Statutory Alternative Method”).”
Green v. Mortham (1998)
“Fla. Stat. Ann. § 99.095 (1), (3) (West Supp.”
— 99.095(3) — 1 case
Carroll v. Mack (2000)
“Meanwhile, Mack, a Broward County resident, sought to qualify for nomination using the “Alternative Method for Qualifying” under Florida Statute section 99.095 (1999)(“Statutory Alternative Method”).”
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