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Florida Statute 99.012 | Lawyer Caselaw & Research
F.S. 99.012 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 99
CANDIDATES
View Entire Chapter
F.S. 99.012
99.012 Restrictions on individuals qualifying for public office.
(1) As used in this section:
(a) “Officer” means a person, whether elected or appointed, who has the authority to exercise the sovereign power of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, the term “officer” means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter.
1(b) “Qualify” means to fulfill the requirements set forth in s. 99.061(7)(a) or s. 105.031(5)(a).
(c) “Subordinate officer” means a person who has been delegated the authority to exercise the sovereign power of the state by an officer. With respect to a municipality, subordinate officer means a person who has been delegated the authority to exercise municipal power by an officer.
(2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other.
(3)(a) No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds.
(b) The resignation is irrevocable.
(c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek.
(d) The resignation must be effective no later than the earlier of the following dates:
1. The date the officer would take office, if elected; or
2. The date the officer’s successor is required to take office.
(e)1. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.
2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.
3. All other officers must submit their resignations to the Governor with a copy to the Department of State.
(f) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.
(g) Any officer who submits his or her resignation, effective immediately or effective on a date prior to the date of his or her qualifying for office, may then qualify for office as a nonofficeholder, and the provisions of this subsection do not apply.
(4)(a) Any officer who qualifies for federal public office must resign from the office he or she presently holds if the terms, or any part thereof, run concurrently with each other.
(b) The resignation is irrevocable.
(c) The resignation must be submitted at least 10 days before the first day of qualifying for the office he or she intends to seek.
(d) The written resignation must be effective no later than the earlier of the following dates:
1. The date the officer would take office, if elected; or
2. The date the officer’s successor is required to take office.
(e)1. An elected district, county, or municipal officer shall submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.
2. An appointed district, county, or municipal officer shall submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.
3. All other officers shall submit their resignations to the Governor with a copy to the Department of State.
(f)1. The failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she presently holds.
2. The Department of State shall send a notice of the automatic resignation to the Governor, and in the case of a district, county, or municipal officer, a copy to:
a. The officer before whom he or she qualified if the officer held an elective office; or
b. The officer or authority who appointed him or her if the officer held an appointive office.
(g) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.
(5) A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and who has qualified as a candidate for reelection to that office.
(6) If an order of a court that has become final determines that a person did not comply with this section, the person shall not be qualified as a candidate for election and his or her name may not appear on the ballot.
(7) This section does not apply to:
(a) Political party offices.
(b) Persons serving without salary as members of an appointive board or authority.
1(c) Persons seeking the office of President or Vice President of the United States.
(8) Subsections (3) and (4) do not apply to persons holding any federal office. Subsection (4) does not apply to an elected officer if the term of the office that he or she presently holds is scheduled to expire and be filled by election in the same primary and general election period as the federal office he or she is seeking.
History.s. 1, ch. 63-269; s. 2, ch. 65-378; s. 1, ch. 70-80; s. 10, ch. 71-373; s. 1, ch. 74-76; s. 3, ch. 75-196; s. 1, ch. 79-391; s. 47, ch. 81-259; s. 1, ch. 83-15; s. 28, ch. 84-302; s. 31, ch. 91-107; s. 534, ch. 95-147; s. 1, ch. 99-146; s. 1, ch. 2000-274; s. 14, ch. 2007-30; s. 14, ch. 2008-4; s. 9, ch. 2008-95; s. 12, ch. 2011-40; s. 1, ch. 2018-126; s. 11, ch. 2021-11; s. 13, ch. 2023-120.
1Note.Section 14, ch. 2023-120, provides that “[t]he amendments made to s. 99.012, Florida Statutes, by this act are intended to clarify existing law. Any person seeking the office of President or Vice President of the United States is not subject to the requirements of chapter 99, Florida Statutes, which govern candidate qualifying, specifically those which require the submission of certain documents, full and public disclosures of financial interests, petition signatures, or the payment of filing fees. This section shall take effect upon this act becoming a law.”

F.S. 99.012 on Google Scholar

F.S. 99.012 on Casetext

Amendments to 99.012


Arrestable Offenses / Crimes under Fla. Stat. 99.012
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 99.012.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEAGUE OF WOMEN VOTERS OF FLORIDA, s v. SCOTT, s, 257 So. 3d 900 (Fla. 2018)

. . . Stat. s 99.012, F.S.A. . . .

M. DIAZ, v. LOPEZ,, 167 So. 3d 455 (Fla. Dist. Ct. App. 2015)

. . . 4.07 of the Sweetwater Charter with Article II, Section 5(a) of the Florida Constitution and section 99.012 . . . thereof run concurrently with each other without resigning from the office he or she presently holds.” § 99.012 . . . thereof run concurrently with each other without resigning from the office he or she presently holds.” § 99.012 . . . remedial provision: the name of any person not complying with the law may not appear on the ballot. § 99.012 . . .

S. LEWIS, v. CITY OF TAMPA,, 64 So. 3d 143 (Fla. Dist. Ct. App. 2011)

. . . Tampa Police Department to run for may- or, arguing that such a resignation was not required by section 99.012 . . . The City appealed that final judgment, and this court reversed, finding that section 99.012 did require . . . See § 99.012(4), Fla. Stat. (2008). We also reject this argument. . . . Based on our reading of section 99.012, we conclude that the trial court erred in entering the final . . . Section 99.012(6) since has been renumbered as section 99.012(5). See § 99.012(5), Fla. . . .

RUIZ, v. G. FARIAS,, 43 So. 3d 124 (Fla. Dist. Ct. App. 2010)

. . . on the ground that she failed to satisfy the requirements of Florida’s “resign-to-run” law, section 99.012 . . . See § 99.012(3)(a), Fla. Stat. (2010). . . . See § 99.012(3)(c), Fla. Stat. (2010). The issue before us, therefore, is whether, if Ms. . . . November 2, 2010, the terms will run concurrently for any period of time within the meaning of section 99.012 . . .

REPUBLICAN PARTY OF MIAMI- DADE COUNTY, v. DAVIS,, 18 So. 3d 1112 (Fla. Dist. Ct. App. 2009)

. . . or she has resigned from any office from which he or she is required to resign pursuant to section 99.012 . . .

E. CHALIFOUX, Jr. v. SANCHEZ Jr., 991 So. 2d 432 (Fla. Dist. Ct. App. 2008)

. . . Chalifoux failed to meet the requirements of section 99.012(3), Florida Statutes (2007), Florida’s Resign-to-Run . . . Section 99.012(5) places the responsibility for enforcing the Resign-to-Run Law on an elector or the . . . appel-lee cannot vote in the primary under section 101.021, he is not a qualified elector under section 99.012 . . .

CITY OF TAMPA, v. S. LEWIS,, 993 So. 2d 1096 (Fla. Dist. Ct. App. 2008)

. . . Lewis was required, under section 99.012(5) and Parker v. . . . The City sought a ruling that section 99.012(5) required Mr. . . . Thus, section 99.012(5) required him to resign. . . . Conclusion Section 99.012(5) dictated that Mr. . . . Although section 99.012(6) was in effect at the time Mr. . . .

VARN, v. VASILINDA, S., 985 So. 2d 1241 (Fla. Dist. Ct. App. 2008)

. . . Appellant Fred Varn, a candidate for the Florida House of Representatives, District 9, had violated section 99.012 . . . circuit court entered a Final Declaratory Judgment which found that Varn “failed to comply with F.S. § 99.012 . . .

S. ABRAMSON, v. S. BEER Dr., 940 So. 2d 586 (Fla. Dist. Ct. App. 2006)

. . . . § 99.012, Fla. Stat. (2006). . . . [e.s.] § 99.012(3)(a), Fla. Stat. (2006). . . .

S. ABRAMSON, v. S. BEER,, 936 So. 2d 1208 (Fla. Dist. Ct. App. 2006)

. . . officer in order to seek election to judicial office, under Florida’s “resign-to-run” law, section 99.012 . . .

SLATE, v. RICE, L., 936 So. 2d 757 (Fla. Dist. Ct. App. 2006)

. . . and injunctive relief based on a claim that David Rice had violated the Resign to Run Law, section 99.012 . . .

ADVISORY OPINION TO GOVERNOR SHERIFF AND JUDICIAL VACANCIES DUE TO RESIGNATIONS, 928 So. 2d 1218 (Fla. 2006)

. . . Under section 99.012(3)(a), Florida Statutes (2005), an officer cannot qualify as a candidate for another . . . “at least 10 days prior to the first day of qualifying for the office he or she intends to seek.” § 99.012 . . . would take office, if elected, or 2. the date the officer’s successor is required to take office.” § 99.012 . . . Section 99.012(3)(f)(l), Florida Statutes (2005), recognizes this by providing that “[w]ith regard to . . .

MILLER, v. MENDEZ,, 804 So. 2d 1243 (Fla. 2001)

. . . and that he or she has resigned from any office which he or she is required to resign pursuant to s. 99.012 . . .

KLEIN, v. CARANNANTE,, 778 So. 2d 1093 (Fla. Dist. Ct. App. 2001)

. . . See § 99.012, Fla. Stat. (2000). . . .

N. BAKER, G. v. ALDERMAN, G. DANDAR, v. ALDERMAN, N. BAKER, v. ALDERMAN,, 158 F.3d 516 (11th Cir. 1998)

. . . stating that he “had resigned from any office from which he [was] required to resign pursuant to Section 99.012 . . . granted summary judgment, and Baker “could have attacked the constitutionality of Florida Statutes 99.012 . . . Stat. § 99.012, he “should have known ignorance of the law is no excuse,” and “would have been well advised . . . response which informed Plaintiff that he had sworn to the “Resign to Run” Law, Florida Statutes § 99.012 . . .

SMITH, v. CRAWFORD,, 645 So. 2d 513 (Fla. Dist. Ct. App. 1994)

. . . The trial court properly rejected Bob Crawford’s argument that the plain language of subsection 99.012 . . . Crawford’s argument was predicated on the language of subsection 99.012(2), which provides: No person . . . Section 99.012(2) was enacted in its original form shortly after the Adams decision apparently to prevent . . . It has become a closely related part of what is now known as the “Resign-to-Run” law, Section 99.012( . . . The Division of Elections has interpreted Section 99.012(2) to prohibit simultaneous qualifications for . . .

In ADVISORY OPINION TO GOVERNOR- DUAL OFFICE- HOLDING, 630 So. 2d 1055 (Fla. 1994)

. . . . § 99.012(3)(a), Fla.Stat. (1993). . . .

N. BAKER, v. ALDERMAN,, 150 F.R.D. 202 (M.D. Fla. 1993)

. . . The circuit court held that section 99.012(7) did not apply; instead, section 25 of the Hillsborough . . . The Second District Court of Appeal, reversed the circuit court’s decision and held that section 99.012 . . . process due to Defendant’s failure to notify Plaintiff of the existence and application of section 99.012 . . . Unconstitutionality of section 99.012(7) of the Florida Statutes. . . . Plaintiff states that (1) that Baker was told by defendant—HCCSB that the Florida Statutes § 99.012 did . . .

M. GONZALEZ, v. VOGEL, 616 So. 2d 473 (Fla. Dist. Ct. App. 1993)

. . . Gonzalez suggests we erred in applying section 99.012(3)(e)2, Florida Statutes (1991), to the facts of . . . Gonzalez disputes that Vogel is governed by Section 99.012(3)(e)2. . . . Thus, he argues that her resignation should have gone directly to the Governor. § 99.012(3)(e)3, Fla. . . . . § 99.012(3)(a), Fla.Stat. (1991). . . . However, a “subordinate officer,” as defined in section 99.012(l)(b), need not resign “unless he is seeking . . . otherwise supervise that person and who has qualified as a candidate for reelection to that office.” § 99.012 . . . Section 99.012(5) states: “However, upon qualifying, the subordinate officer ... must take a leave of . . . RESIGNATION UNDER SECTION 99.012(3) Resignation under section 99.012(3) must be irrevocable, must be . . .

N. BAKER, v. ALDERMAN,, 766 F. Supp. 1112 (M.D. Fla. 1991)

. . . process due to Defendant’s failure to notify Plaintiff of the existence and application of section 99.012 . . . informed that he was no longer an employee at the Property Appraiser’s Office, pursuant to section 99.012 . . . The circuit court held that section 99.012(7) did not apply; instead, section 25 of the Hillsborough . . . The Second District Court of Appeal, reversing the circuit court’s decision, held that section 99.012 . . . EFFECT OF SECTION 99.012(7) The resign-to-run requirement in section 99.012(7) of the Florida Statutes . . .

D. McKANE, III, v. PARKER, E. Sr., 567 So. 2d 501 (Fla. Dist. Ct. App. 1990)

. . . Lauder-dale-By-The-Sea because, as a police officer of the City of Sunrise, he was barred by section 99.012 . . . The trial court reviewed, at some length, the legislative history of section 99.012, Florida Statutes . . . run for town commissioner under both Article II, Section 5, of the Florida Constitution, and section 99.012 . . . Section 99.012(7), Florida Statutes (1989), states: For the purposes of this section, no individual who . . . The rationale behind the legislative act contained in section 99.012(7) is that it is unfair to permit . . .

PARKER, v. N. BAKER,, 499 So. 2d 843 (Fla. Dist. Ct. App. 1986)

. . . 301, Laws of Florida, (hereinafter “the local law”) which was enacted after the enactment of section 99.012 . . . SECTION 99.012(7), FLORIDA STATUTES (Supp.1984): For the purposes of this section, no individual who . . .

ROSIER, v. V. JOHNSTON, 496 So. 2d 167 (Fla. Dist. Ct. App. 1986)

. . . that Johnston had not “irrevocably” resigned as County Judge, pursuant to the requirements of Section 99.012 . . . letter is conditioned only upon it being construed as a timely letter within the provisions of F.S. 99.012 . . .

ROSIER v. JOHNSTON,, 18 Fla. Supp. 2d 89 (Fla. Cir. Ct. 1986)

. . . . . .” and that he has resigned from any office which he is required to resign pursuant to Section 99.012 . . . “LARRY” JOHNSTON, letter of July 7, 1986, was timely filed within the provision of Section 99.012, Florida . . . Sections 99.012(2) and (3), Florida Statutes, states that no individual may qualify as a candidate for . . . LARRY” JOHNSTON, filing his letter of July 7, 1986, he had been advised that the provisions of Section 99.012 . . .

STATE COMMISSION ON ETHICS, v. SULLIVAN, 430 So. 2d 928 (Fla. Dist. Ct. App. 1983)

. . . John was alleged to have violated Section 99.012(7), Florida Statutes (Supp.1980), by failing to take . . . ; his fifth issue was whether the Commission had jurisdiction to hear alleged violations of Section 99.012 . . . the Commission had subject matter jurisdiction over complaints of violations of Sections 116.111 and 99.012 . . . John Sullivan in violation of Section 116.111 [sic], and by Wilma Sullivan in violation of Section 99.012 . . . Wilma Sullivan has been charged with the violation of Section 99.012(7), Florida Statutes. . . .

METROPOLITAN DADE COUNTY, a v. SANTOS,, 430 So. 2d 506 (Fla. Dist. Ct. App. 1983)

. . . is readily distinguishable in that it concerns an asserted conflict with the resign to run law, Sec. 99.012 . . .

SNEAD, a k a v. STATE, 415 So. 2d 887 (Fla. Dist. Ct. App. 1982)

. . . See Section 99.012(2), Florida Statutes (1975). . . .

CITY OF HIALEAH, a v. MARTINEZ,, 402 So. 2d 602 (Fla. Dist. Ct. App. 1981)

. . . Mayor, Martinez sued in the Dade County Circuit Court for a judgment declaring that pursuant to Section 99.012 . . . election day at which his successor is elected, whichever occurs earliest,” as provided in Section 99.012 . . . Section 99.012(2) provides, in pertinent part: “No individual may qualify as a candidate for public office . . . Since the general law of the state, Section 99.012, Florida Statutes (1981), permits Martinez, whose . . . The trial court’s ruling rejected, sub silentio, Martinez’s contention that Section 99.012(2), Florida . . .

W. HUMPHRIES, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 400 So. 2d 1311 (Fla. Dist. Ct. App. 1981)

. . . Dixie Barber, the Orange County Supervisor of Elections regarding the applicability to him of Section 99.012 . . . and concluded that the operation of Section 99.-012(7) was restricted to the provisions of Section 99.012 . . . In response, he requested a leave of absence whenever appropriate under Section 99.012(7). . . . However, the opinion specifically noted that it was limited to construction of Section 99.012(7) and . . . 99.012(7), he would still be required to comply with Section 110.233(4)(a). . . .

BARRY v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, 448 F. Supp. 1249 (D.D.C. 1978)

. . . . § 99.012(2), (3) (West 1973), provides: (2) No individual may qualify as a candidate for public office . . .

STATE SURF CLUB, a v. S. Du VAL,, 339 So. 2d 1131 (Fla. Dist. Ct. App. 1976)

. . . resigned to run for a vacancy on the Florida Supreme Court pursuant to provisions of Florida Statutes § 99.012 . . . Fla.Stat. § 99.012(2). . . .

LEONARD v. LOPEZ,, 44 Fla. Supp. 134 (Palm Beach Cty. Cir. Ct. 1976)

. . . sheriff of Palm Beach County, contending that he is an appointive public officer within the meaning of §§99.012 . . .

R. RESEDEAN, v. CIVIL SERVICE BOARD OF CITY OF PENSACOLA, 332 So. 2d 150 (Fla. Dist. Ct. App. 1976)

. . . Not only in § 104.31(3), F.S., but also in § 99.012, the “resign to run law” which was significantly . . .

SPECTOR, v. GLISSON, J. Jr., 305 So. 2d 777 (Fla. 1974)

. . . . § 99.012; In re Advisory Opinion, 239 So.2d 247 (Fla.1970). . . .

T. LAMBETH, Jr. v. GLUCKLER,, 302 So. 2d 429 (Fla. Dist. Ct. App. 1974)

. . . for the general election to be held November 5, 1974, because said appellant had not complied with § 99.012 . . . The trial court found that appellant Lambeth was subject to the provisions of § 99.012, F.S.1973, and . . . Section 99.012(2) provides: “No individual may qualify as a candidate for public office who holds another . . .

In ADVISORY OPINION TO GOVERNOR, 276 So. 2d 25 (Fla. 1973)

. . . . § 99.012, F.S.A. . . .

STATE L. SHEVIN, v. STONE,, 279 So. 2d 17 (Fla. 1972)

. . . . § 99.012, F.S.A., the so-called “resign to run” law. . . . with “general supervision and administration of the election laws,” which laws include Fla.Stat. § 99.012 . . . of the Legislature in “An act relating to transportation,” Ch. 71-373, tácked on a § 10 amending § 99.012 . . .

STATE S. CHERRY, v. STONE,, 265 So. 2d 56 (Fla. Dist. Ct. App. 1972)

. . . the said Wright is not a duly qualified candidate because his candidacy is in violation of Section 99.012 . . . that the relator’s contention that respondent Wright is in violation of the Resign-to-Run Law, Section 99.012 . . .

A. EVERS, v. C. W. LACY,, 257 So. 2d 70 (Fla. Dist. Ct. App. 1972)

. . . .§ 99.012(2) F.S.1969 (1970 Supplement). . (Fla.1970), 238 So.2d 401. . . . .

L. McCLUNG, v. A. McCAULEY, a, 238 So. 2d 667 (Fla. Dist. Ct. App. 1970)

. . . Section 99.012, F.S.A., and denied the injunctive relief sought by appellant. . . .

STATE J. GISSENDANNER, v. E. B. LEATHERMAN,, 237 So. 2d 820 (Fla. Dist. Ct. App. 1970)

. . . mandamus in the trial court: “As a result of Chapter 70 — 80, Laws of Florida, amending Florida Statutes 99.012 . . .

R. HOLLEY, v. ADAMS,, 238 So. 2d 401 (Fla. 1970)

. . . Leon County, Florida, directly passing upon the validity of Ch. 70-80, Laws of Florida, amending § 99.012 . . .