Florida Statute 105.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 105
NONPARTISAN ELECTIONS

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F.S. 105.031

105.031 Qualification; filing fee; candidate’s oath; items required to be filed.—

(1) TIME OF QUALIFYING.—Except for candidates for judicial office, nonpartisan candidates for multicounty office shall qualify with the Division of Elections of the Department of State and nonpartisan candidates for countywide or less than countywide office shall qualify with the supervisor of elections. Candidates for judicial office other than the office of county court judge shall qualify with the Division of Elections of the Department of State, and candidates for the office of county court judge shall qualify with the supervisor of elections of the county. Candidates for judicial office shall qualify no earlier than noon of the 120th day, and no later than noon of the 116th day, before the primary election. Candidates for the office of school board member shall qualify no earlier than noon of the 71st day, and no later than noon of the 67th day, before the primary election. Filing shall be on forms provided for that purpose by the Division of Elections and furnished by the appropriate qualifying officer. Any person other than a write-in candidate who qualifies within the time prescribed in this subsection shall be entitled to have his or her name printed on the ballot.

(2) FILING IN GROUPS OR DISTRICTS.—Candidates shall qualify in groups or districts where multiple offices are to be filled.

(3) QUALIFYING FEE.—Each candidate qualifying for election to a judicial office or the office of school board member, except write-in judicial or school board candidates, shall, during the time for qualifying, pay to the officer with whom he or she qualifies a qualifying fee, which shall consist of a filing fee and an election assessment, or qualify by the petition process. The amount of the filing fee is 3 percent of the annual salary of the office sought. The amount of the election assessment is 1 percent of the annual salary of the office sought. The Department of State shall transfer all filing fees to the Department of Legal Affairs for deposit in the Elections Commission Trust Fund. The supervisor of elections shall forward all filing fees to the Elections Commission Trust Fund. The election assessment shall be deposited into the Elections Commission Trust Fund. The annual salary of the office for purposes of computing the qualifying fee shall be computed by multiplying 12 times the monthly salary authorized for such office as of July 1 immediately preceding the first day of qualifying. This subsection does not apply to candidates qualifying for retention to judicial office.

(4) CANDIDATE’S OATH.—

(a) All candidates for the office of school board member shall subscribe to the oath as prescribed in s. 99.021.

(b) All candidates for judicial office shall subscribe to an oath or affirmation in writing to be filed with the appropriate qualifying officer upon qualifying. A printed copy of the oath or affirmation shall be furnished to the candidate by the qualifying officer and shall be in substantially the following form:

State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says he or she: is a candidate for the judicial office of ; that his or her legal residence is County, Florida; that he or she is a qualified elector of the state and of the territorial jurisdiction of the court to which he or she seeks election; that he or she is qualified under the constitution and laws of Florida to hold the judicial office to which he or she desires to be elected or in which he or she desires to be retained; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent to the office he or she seeks; that he or she has resigned from any office which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.

(Signature of candidate)

(Address of legal residence)

Sworn to and subscribed before me this day of , (year) , at County, Florida.

(Signature and title of officer administering oath)

(c) In addition, each candidate for judicial office shall, at the time of subscribing to the oath or affirmation, state in writing whether he or she owes any outstanding fines, fees, or penalties that cumulatively exceed $250 for any violations of s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees under part III of chapter 112, any local ethics ordinance governing standards of conduct and disclosure requirements, or chapter 106. If the candidate owes any outstanding fines, fees, or penalties exceeding the threshold amount specified in this paragraph, he or she must also specify the amount owed and each entity that levied such fine, fee, or penalty. For purposes of this paragraph, any such fines, fees, or penalties that have been paid in full at the time of subscribing to the oath or affirmation are not deemed to be outstanding.

(5) ITEMS REQUIRED TO BE FILED.—

(a) In order for a candidate for judicial office or the office of school board member to be qualified, the following items must be received by the filing officer by the end of the qualifying period:

1. Except for candidates for retention to judicial office, a properly executed check drawn upon the candidate’s campaign account in an amount not less than the fee required by subsection (3) or, in lieu thereof, the copy of the notice of obtaining ballot position pursuant to s. 105.035. 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, the end of qualifying notwithstanding, have 48 hours from the time such notification is received, excluding Saturdays, Sundays, and legal holidays, 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 subsection (4), 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, duly acknowledged.

3. The loyalty oath required by s. 876.05, signed by the candidate and duly acknowledged.

4. The completed form for the appointment of campaign treasurer and designation of campaign depository, as required by s. 106.021. In addition, each candidate for judicial office, including an incumbent judge, shall file a statement with the qualifying officer, within 10 days after filing the appointment of campaign treasurer and designation of campaign depository, stating that the candidate has read and understands the requirements of the Florida Code of Judicial Conduct. Such statement shall be in substantially the following form:

Statement of Candidate for Judicial Office

I, (name of candidate) , a judicial candidate, have received, read, and understand the requirements of the Florida Code of Judicial Conduct.

(Signature of candidate)

(Date)

5. The full and public disclosure of financial interests required by s. 8, Art. II of the State Constitution or the statement of financial interests required by s. 112.3145, whichever is applicable. A public officer who has filed the full and public disclosure or statement of financial interests with the Commission on Ethics or the supervisor of elections prior to qualifying for office may file a copy of that disclosure at the time of qualifying.

(b) If the filing officer receives qualifying papers that 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.

(6) Notwithstanding the qualifying period prescribed in this section, a filing officer 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.

History.—s. 3, ch. 71-49; s. 36, ch. 77-175; s. 1, ch. 78-260; s. 5, ch. 79-365; s. 54, ch. 79-400; s. 17, ch. 81-105; s. 10, ch. 83-251; s. 1, ch. 89-152; s. 34, ch. 89-338; s. 5, ch. 91-107; s. 630, ch. 95-147; s. 2, ch. 95-156; s. 13, ch. 97-13; s. 13, ch. 99-6; s. 2, ch. 99-326; s. 2, ch. 99-355; s. 23, ch. 2002-17; s. 65, ch. 2005-277; s. 21, ch. 2005-286; s. 40, ch. 2007-30; s. 4, ch. 2010-16; s. 51, ch. 2011-40; s. 2, ch. 2023-46; s. 43, ch. 2023-120.

F.S. 105.031 on Google Scholar

F.S. 105.031 on Casetext

Amendments to 105.031

Arrestable Offenses / Crimes under Fla. Stat. 105.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 105.031.

Annotations, Discussions, Cases:

Cases Citing Statute 105.031

Total Results: 20

Glen Spiritis v. Julie Botel

Court: District Court of Appeal of Florida | Date Filed: 2024-02-27

Snippet: party argued the election was governed by section 105.031, Florida Statutes (2016). Wright, 200 So. 3d at

Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his official capacity as the Secretary of State Department of State, Division of Elections

Court: District Court of Appeal of Florida | Date Filed: 2018-11-13

Citation: 257 So. 3d 168

Snippet: candidate’s campaign account” as required by section 105.031(5)(a)1., Florida Statutes (2017). Here, there is

MELISSA MINSK DONOHO, as candidate for the Broward County Judge Circuit Group 38 v. JASON ALLEN-ROSNER, whose legal name is JASON ALLEN ROSNER, as candidate, etc., and DR. BRENDA C. SNIPES, etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Citation: 254 So. 3d 472

Snippet: in the context of the statute: Section 105.031(4)(b) instructs the candidate to “please print

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-23

Citation: 254 So. 3d 604

Snippet: drawn upon his campaign account. We find section 105.031(5)(a)1., Florida Statutes (2017), is unambiguous

Lucy Ann Hoover v. Kristina K. Mobley and Chris H. Chambless, in his official etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-08-08

Citation: 253 So. 3d 89

Snippet: Disclosure (Form 6) required by Fla. Stat. §105.031(5)(a)5. It is undisputed that Hoover had not

Rick Scott, in his official capacity as Governor of the State of Florida v. David P. Trotti, an individual

Court: District Court of Appeal of Florida | Date Filed: 2018-07-26

Snippet: (2018). 3 Art. V, § 8, Fla. Const. 4 § 105.031(1), Fla. Stat. (2017).

Bloch v. Del Rey

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

Citation: 208 So. 3d 189, 2016 Fla. App. LEXIS 15905

Snippet: statutory qualifying requirements set forth in section 105.031, Florida Statutes (2016). As a preliminary

James Barry Wright v. City of Miami Gardens, etc.

Court: Supreme Court of Florida | Date Filed: 2016-09-15

Citation: 200 So. 3d 765, 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044

Snippet: subparagraph shall disqualify the candidate. § 105.031(5)(a) 1., Fla. Stat. (2016); see also Ch.2011-40

David P. Trotti v. Ken Detzner, Secretary of State

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 147 So. 3d 641

Snippet: 2014, and end at noon on May 2, 2014. See §§ 105.031(1), 100.061, & 100.032, Fla. Stat. (2014). On April

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

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

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

Snippet: same session law, the Legislature amended section 105.031, governing qualifying for nonpartisan offices,

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

Court: District Court of Appeal of Florida | Date Filed: 2014-09-02

Snippet: same session law, the Legislature amended section 105.031, governing qualifying for nonpartisan offices,

Bray v. Detzner

Court: District Court of Appeal of Florida | Date Filed: 2012-11-16

Citation: 99 So. 3d 1290, 2012 Fla. App. LEXIS 19844, 2012 WL 5689272

Snippet: fees for unopposed judicial candidates. See § 105.031, Fla. Stat. We reject those arguments. We write

Advisory Opinion to the Governor Re Judicial Vacancy Due to Resignation

Court: Supreme Court of Florida | Date Filed: 2010-07-12

Citation: 42 So. 3d 795, 35 Fla. L. Weekly Supp. 453, 2010 Fla. LEXIS 1118, 2010 WL 2720459

Snippet: regular election this year. Pursuant to section 105.031, Florida Statutes, the time for qualifying to run

Jordan v. Robinson

Court: District Court of Appeal of Florida | Date Filed: 2010-06-24

Citation: 39 So. 3d 416, 2010 Fla. App. LEXIS 9198, 2010 WL 2675351

Snippet: 990 So.2d at 692-93. We recognized that section 105.031(4)(b) contemplated that a candidate might properly

Levey v. Dijols

Court: District Court of Appeal of Florida | Date Filed: 2008-09-24

Citation: 990 So. 2d 688, 2008 WL 4327060

Snippet: Court Judge in Broward County, Florida. See § 105.031, Fla. Stat. (2007). In qualifying to run for office

Advisory Opin. Governor Re Appt. or Elect. of Judges

Court: Supreme Court of Florida | Date Filed: 2008-05-19

Citation: 983 So. 2d 526, 2008 WL 2082126

Snippet: involuntarily retired as of midnight, April 30, 2008); § 105.031, Fla. Stat. (2007) ("Candidates for judicial office

Schurr v. Sanchez-Gronlier

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 937 So. 2d 1166, 2006 WL 2521401

Snippet: Exhibit 1) as required by Florida Statutes §§ 105.031(5)(a)(4)[1] and 106.021(1)(a).[2]*1168 Plaintiff

Advisory Opinion to the Governor re Sheriff & Judicial Vacancies Due to Resignations

Court: Supreme Court of Florida | Date Filed: 2006-05-04

Citation: 928 So. 2d 1218, 31 Fla. L. Weekly Supp. 269, 2006 Fla. LEXIS 814, 2006 WL 1173133

Snippet: from May 8, 2006, through May 12, 2006. See § 105.031(1), Fla. Stat. (2005) (“Candidates for judicial

Advisory Opinion to Governor

Court: Supreme Court of Florida | Date Filed: 2002-07-10

Citation: 824 So. 2d 132, 2002 WL 1472811

Snippet: period had not yet occurred. See id. at 285; § 105.031(1), Fla. Stat. (2000).

Miller v. Mendez

Court: Supreme Court of Florida | Date Filed: 2001-12-20

Citation: 804 So. 2d 1243, 26 Fla. L. Weekly Supp. 829, 2001 Fla. LEXIS 2309, 2001 WL 1628487

Snippet: oath is completed and filed.7 Pursuant to section 105.031(4)(b), Florida Statutes (2000), all candidates