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Florida Statute 99.97 - Full Text and Legal Analysis
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The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 99
CANDIDATES
View Entire Chapter
F.S. 99.097
99.097 Verification of signatures on petitions.
(1)(a) As determined by each supervisor, based upon local conditions, the checking of names on petitions may be based on the most inexpensive and administratively feasible of either of the following methods of verification:
1. A check of each petition; or
2. A check of a random sample, as provided by the Department of State, of the petitions. The sample must be such that a determination can be made as to whether or not the required number of signatures has been obtained with a reliability of at least 99.5 percent.
(b) Rules and guidelines for petition verification shall be adopted by the Department of State. Rules and guidelines for a random sample method of verification may include a requirement that petitions bear an additional number of names and signatures, not to exceed 15 percent of the names and signatures otherwise required. If the petitions do not meet such criteria or if the petitions are prescribed by s. 100.371, the use of the random sample method of verification is not available to supervisors.
(2) When a petitioner submits petitions which contain at least 15 percent more than the required number of signatures, the petitioner may require that the supervisor of elections use the random sampling verification method in certifying the petition.
(3)(a) If all other requirements for the petition are met, a signature on a petition shall be verified and counted as valid for a registered voter if, after comparing the signature on the petition and the signature of the registered voter in the voter registration system, the supervisor is able to determine that the petition signer is the same as the registered voter, even if the name on the petition is not in substantially the same form as in the voter registration system.
(b) In any situation in which this code requires the form of the petition to be prescribed by the division, no signature shall be counted toward the number of signatures required unless it is on a petition form prescribed by the division.
(c) If a voter signs a petition and lists an address other than the legal residence where the voter is registered, the supervisor shall treat the signature as if the voter had listed the address where the voter is registered.
(4)(a) The supervisor must be paid in advance the sum of 10 cents for each signature checked or the actual cost of checking such signature, whichever is less, by the candidate or, in the case of a petition to have a local issue placed on the ballot, by the person or organization submitting the petition. In the case of a petition to place a statewide issue on the ballot, the person or organization submitting the petition must pay the supervisor in advance the cost posted by the supervisor pursuant to s. 100.371(11) for the actual cost of checking signatures to place a statewide issue on the ballot.
(b) However, if a candidate, a person, or an organization seeking to have an issue placed upon the ballot cannot pay such charges without imposing an undue burden on personal resources or upon the resources otherwise available to such candidate, person, or organization, such candidate, person, or organization, upon written certification of such inability given under oath to the supervisor, is entitled to have the signatures verified at no charge.
(c) In the event a candidate, person, or organization submitting a petition to have an issue placed upon the ballot is entitled to have the signatures verified at no charge, the supervisor of elections of each county in which the signatures are verified at no charge shall submit the total number of such signatures checked in the county to the Chief Financial Officer no later than December 1 of the general election year, and the Chief Financial Officer shall cause such supervisor of elections to be reimbursed from the General Revenue Fund in an amount equal to 10 cents or the actual cost for each name checked, whichever is applicable as set forth in paragraph (a). In no event may such reimbursement of costs be deemed or applied as extra compensation for the supervisor.
(d) Petitions must be retained by the supervisors for a period of 1 year following the election for which the petitions were circulated.
(5) The results of a verification pursuant to subparagraph (1)(a)2. may be contested in the circuit court by the candidate; an announced opponent; a representative of a designated political committee; or a person, party, or other organization submitting the petition. The contestant must file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court in the county in which the petition is certified or in Leon County if the petition covers more than one county within 10 days after midnight of the date the petition is certified; and the complaint must set forth the grounds on which the contestant intends to establish his or her right to require a complete check of the petition pursuant to subparagraph (1)(a)1. In the event the court orders a complete check of the petition and the result is not changed as to the success or lack of success of the petitioner in obtaining the requisite number of valid signatures, then such candidate, unless the candidate has filed the oath stating that he or she is unable to pay such charges; announced opponent; representative of a designated political committee; or party, person, or organization submitting the petition, unless such person or organization has filed the oath stating inability to pay such charges, shall pay to the supervisor of elections of each affected county for the complete check an amount calculated at the rate of 10 cents for each additional signature checked or the actual cost of checking such additional signatures, as applicable.
(6)(a) If any person is paid to solicit signatures on a petition, an undue burden oath may not subsequently be filed in lieu of paying the fee to have signatures verified for that petition.
(b) If an undue burden oath has been filed and payment is subsequently made to any person to solicit signatures on a petition, the undue burden oath is no longer valid and a fee for all signatures previously submitted to the supervisor of elections and any that are submitted thereafter shall be paid by the candidate, person, or organization that submitted the undue burden oath. If contributions as defined in s. 106.011 are received, any monetary contributions must first be used to reimburse the supervisor of elections for any signature verification fees that were not paid because of the filing of an undue burden oath.
History.s. 2, ch. 76-233; s. 10, ch. 77-175; s. 2, ch. 80-20; s. 1, ch. 82-141; s. 13, ch. 89-338; s. 2, ch. 90-229; s. 12, ch. 90-315; s. 542, ch. 95-147; s. 21, ch. 97-13; s. 7, ch. 99-318; s. 109, ch. 2003-261; s. 19, ch. 2011-40; s. 17, ch. 2023-120.

F.S. 99.097 on Google Scholar

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Amendments to 99.097


Annotations, Discussions, Cases:

Cases Citing Statute 99.097

Total Results: 16

Socialist Workers Party v. Leahy

145 F.3d 1240, 1998 U.S. App. LEXIS 15041, 1998 WL 374949

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 1998 | Docket: 394754

Cited 52 times | Published

district court, however, we concluded that Section 99.097(4) violated equal protection concerns embodied

Biddulph v. Mortham

89 F.3d 1491, 1996 U.S. App. LEXIS 18871, 1996 WL 400009

Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1996 | Docket: 1427135

Cited 48 times | Published

§ 100.371(4) (West Supp. 1996), Fla.Stat.Ann. § 99.097(4) (West Supp. 1996). If the secretary of state

Socialist Workers Party v. Leahy

145 F.3d 1240

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 1998 | Docket: 2036733

Cited 43 times | Published

district court, however, we concluded that Section 99.097(4) violated equal protection concerns embodied

Fulani v. Krivanek

973 F.2d 1539, 1992 U.S. App. LEXIS 24723

Court of Appeals for the Eleventh Circuit | Filed: Oct 5, 1992 | Docket: 167148

Cited 39 times | Published

("Krivanek"). The district court held that Fla.Stat. § 99.097(4), which excludes minor political parties from

Clean-Up '84, a Registered Political Committee v. Walter C. Heinrich, and George Firestone, Secretary of the State of Florida

759 F.2d 1511, 1985 U.S. App. LEXIS 29514

Court of Appeals for the Eleventh Circuit | Filed: May 8, 1985 | Docket: 1028955

Cited 25 times | Published

injunction against enforcement of Fla.Stat. Ann. § 99.097(4) (West Supp.1985). 3 The preliminary

Green v. Mortham

155 F.3d 1332, 1998 U.S. App. LEXIS 23897, 1998 WL 654389

Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 1998 | Docket: 394838

Cited 15 times | Published

verification, whichever is less. Fla. Stat. Ann. § 99.097(4) (West Supp. 1998). 13 However, this

Browning v. Florida Hometown Democracy, Inc.

29 So. 3d 1053, 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768

Supreme Court of Florida | Filed: Feb 18, 2010 | Docket: 1185383

Cited 8 times | Published

integrity.” Id. at 566-67 (emphasis supplied); cf. § 99.097, Fla. Stat. (2007) (providing for neutral verification

US Taxpayers Party of Florida v. Smith

871 F. Supp. 426

District Court, N.D. Florida | Filed: Jun 14, 1993 | Docket: 1274721

Cited 6 times | Published

the supervisors of elections who, pursuant to Section 99.097(4), Florida Statutes, charged the minor party

Clean-Up '84 v. Heinrich

590 F. Supp. 928, 10 Media L. Rep. (BNA) 2326

District Court, M.D. Florida | Filed: Jul 19, 1984 | Docket: 2098268

Cited 5 times | Published

100 yards of polling places on election day. Section 99.097(4), Florida Statutes, provides that the supervisor

Let's Help Florida v. Smathers

360 So. 2d 494

District Court of Appeal of Florida | Filed: Jul 13, 1978 | Docket: 1474143

Cited 2 times | Published

Final Judgment holding that the provisions of Section 99.097(1) and (2), Florida Statutes (1977), are not

Green v. Mortham

155 F.3d 1332

Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 1998 | Docket: 394837

Cited 1 times | Published

the signatures to be checked. Fla. Stat. Ann. § 99.097(2).14 Second, the verification fee is waived for

Guetzloe v. City of Daytona Beach

901 So. 2d 415, 2005 WL 1185264

District Court of Appeal of Florida | Filed: May 20, 2005 | Docket: 1666399

Published

support its ruling, the trial court cited to section 99.097 of the Florida Statutes (2001) which pertains

Socialist Workers Party v. Leahy

927 F. Supp. 1554, 1996 U.S. Dist. LEXIS 7975, 1996 WL 316382

District Court, S.D. Florida | Filed: May 24, 1996 | Docket: 66004985

Published

seek declaratory and injunctive relief. Fla.Stat. § 99.097(4) of the Florida Statutes requires a candidate

In Re Court Divisions

648 So. 2d 761

District Court of Appeal of Florida | Filed: Oct 3, 1994 | Docket: 1701987

Published

non-resident, challenging tax assessments) (f) Section 99.097(5) (Action to contest verification of ballot

Fulani v. Krivanek

973 F.2d 1539, 1992 WL 227436

Court of Appeals for the Eleventh Circuit | Filed: Oct 5, 1992 | Docket: 66276035

Published

(“Kriva-nek”). The district court held that Fla. Stat. § 99.097(4), which excludes minor political parties from

Libertarian Party of Florida v. State

710 F.2d 790

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 1983 | Docket: 66193574

Published

checked and therefore the cost. Fla.Stat.Ann. § 99.097(l)(b) (West 1982). Although filing fees may be