Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 99.061 | Lawyer Caselaw & Research
F.S. 99.061 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 99.061

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 99
CANDIDATES
View Entire Chapter
F.S. 99.061
99.061 Method of qualifying for nomination or election to federal, state, county, or district office.
(1) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a federal, state, or multicounty district office, other than election to a judicial office as defined in chapter 105 or the office of school board member, shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the Department of State, or qualify by the petition process pursuant to s. 99.095 with the Department of State, at any time after noon of the 1st day for qualifying, which shall be as follows: the 120th day prior to the primary election, but not later than noon of the 116th day prior to the date of the primary election, for persons seeking to qualify for nomination or election to federal office or to the office of the state attorney or the public defender; and noon of the 71st day prior to the primary election, but not later than noon of the 67th day prior to the date of the primary election, for persons seeking to qualify for nomination or election to a state or multicounty district office, other than the office of the state attorney or the public defender.
(2) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a county office, or district office not covered by subsection (1), shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the supervisor of elections of the county, or shall qualify by the petition process pursuant to s. 99.095 with the supervisor of elections, at any time after noon of the 1st day for qualifying, which shall be the 71st day prior to the primary election, but not later than noon of the 67th day prior to the date of the primary election. Within 30 days after the closing of qualifying time, the supervisor of elections shall remit to the secretary of the state executive committee of the political party to which the candidate belongs the amount of the filing fee, two-thirds of which shall be used to promote the candidacy of candidates for county offices and the candidacy of members of the Legislature.
(3) Notwithstanding the provisions of any special act to the contrary, each person seeking to qualify for election to a special district office shall qualify between noon of the 71st day prior to the primary election and noon of the 67th day prior to the date of the primary election. Candidates for single-county special districts shall qualify with the supervisor of elections in the county in which the district is located. If the district is a multicounty district, candidates shall qualify with the Department of State. All special district candidates shall qualify by paying a filing fee of $25 or qualify by the petition process pursuant to s. 99.095. Notwithstanding s. 106.021, a candidate who does not collect contributions and whose only expense is the filing fee or signature verification fee is not required to appoint a campaign treasurer or designate a primary campaign depository.
(4)(a) Each person seeking to qualify for election to office as a write-in candidate shall file his or her qualification papers with the respective qualifying officer at any time after noon of the 1st day for qualifying, but not later than noon of the last day of the qualifying period for the office sought.
(b) Any person who is seeking election as a write-in candidate shall not be required to pay a filing fee, election assessment, or party assessment. A write-in candidate is not entitled to have his or her name printed on any ballot; however, space for the write-in candidate’s name to be written in must be provided on the general election ballot. A person may not qualify as a write-in candidate if the person has also otherwise qualified for nomination or election to such office.
(5) At the time of qualifying for office, each candidate for a constitutional office, or for another elective office subject to an annual filing requirement pursuant to s. 112.3144, shall file a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a), and a candidate for any other office, including local elective office, shall file a statement of financial interests pursuant to s. 112.3145. A candidate who is subject to an annual filing requirement under s. 112.3144 may file a verification or receipt of electronic filing pursuant to s. 112.3144(4). A candidate who is subject to an annual filing requirement under s. 112.3145 may file a verification or receipt of electronic filing pursuant to s. 112.3145(2)(c) unless the candidate is required to file a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution or this subsection.
(6) The Department of State shall certify to the supervisor of elections, within 7 days after the closing date for qualifying, the names of all duly qualified candidates for nomination or election who have qualified with the Department of State.
(7)(a) In order for a candidate to be qualified, the following items must be received by the filing officer by the end of the qualifying period:
1. A properly executed check drawn upon the candidate’s campaign account payable to the person or entity as prescribed by the filing officer in an amount not less than the fee required by s. 99.092, unless the candidate obtained the required number of signatures on petitions pursuant to s. 99.095. The filing fee for a special district candidate is not required to be drawn upon the candidate’s campaign account. 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 have until the end of qualifying 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 s. 99.021, 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, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a).
3. If the office sought is partisan, the written statement of political party affiliation required by s. 99.021(1)(b); or if the candidate is running without party affiliation for a partisan office, the written statement required by s. 99.021(1)(c).
4. The completed form for the appointment of campaign treasurer and designation of campaign depository, as required by s. 106.021.
5. The full and public disclosure or statement of financial interests required by subsection (5). A public officer who has filed the full and public disclosure or statement of financial interests with the Commission on Ethics before qualifying for office may file a copy of that disclosure or a verification or receipt of electronic filing as provided in subsection (5) at the time of qualifying.
(b) If the filing officer receives qualifying papers during the qualifying period prescribed in this section which 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.
(c) The filing officer performs a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required by paragraph (a) have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified pursuant to s. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.
(8) Notwithstanding the qualifying period prescribed in this section, a qualifying office 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.
(9) Notwithstanding the qualifying period prescribed by this section, in each year in which the Legislature apportions the state, the qualifying period for persons seeking to qualify for nomination or election to federal office shall be between noon of the 71st day prior to the primary election, but not later than noon of the 67th day prior to the primary election.
(10) The Department of State may prescribe by rule requirements for filing papers to qualify as a candidate under this section.
(11) The decision of the filing officer concerning whether a candidate is qualified is exempt from the provisions of chapter 120.
History.ss. 25, 26, ch. 6469, 1913; RGS 329, 330; CGL 386, 387; ss. 4, 5, ch. 13761, 1929; s. 1, ch. 16990, 1935; CGL 1936 Supp. 386; ss. 1, chs. 19007, 19008, 19009, 1939; CGL 1940 Supp. 4769(3); s. 1, ch. 20619, 1941; s. 1, ch. 21851, 1943; s. 1, ch. 23006, 1945; s. 1, ch. 24163, 1947; s. 3, ch. 26870, 1951; s. 11, ch. 28156, 1953; s. 4, ch. 29936, 1955; s. 10, ch. 57-1; s. 1, ch. 59-84; s. 1, ch. 61-373 and s. 4, ch. 61-530; s. 1, ch. 63-502; s. 7, ch. 65-378; s. 2, ch. 67-531; ss. 10, 35, ch. 69-106; s. 5, ch. 69-281; s. 1, ch. 69-300; s. 1, ch. 70-42; s. 1, ch. 70-93; s. 1, ch. 70-439; s. 6, ch. 77-175; s. 1, ch. 78-188; s. 3, ch. 81-105; s. 2, ch. 83-15; s. 2, ch. 83-25; s. 1, ch. 83-251; s. 29, ch. 84-302; s. 1, ch. 86-7; s. 6, ch. 89-338; s. 8, ch. 90-315; s. 32, ch. 91-107; s. 536, ch. 95-147; s. 1, ch. 95-156; s. 9, ch. 99-318; s. 9, ch. 99-326; s. 3, ch. 2001-75; s. 11, ch. 2005-277; s. 51, ch. 2005-278; s. 7, ch. 2005-286; s. 16, ch. 2007-30; s. 14, ch. 2011-40; s. 13, ch. 2021-11; s. 1, ch. 2023-49.
Note.Former ss. 102.32, 102.33, 102.351, 102.36, 102.66, 102.69.

F.S. 99.061 on Google Scholar

F.S. 99.061 on Casetext

Amendments to 99.061


Arrestable Offenses / Crimes under Fla. Stat. 99.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 99.061.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ORANGE COUNTY, v. SINGH,, 268 So. 3d 668 (Fla. 2019)

. . . Stat. (2018) ; § 99.061(4)(b), Fla. Stat. (2018). . . . Regarding qualifying for nomination or election to county offices in particular, section 99.061(2) (emphasis . . . See § 99.061(2), Fla. Stat. . . .

C. TORRENS, v. SHAW,, 257 So. 3d 168 (Fla. App. Ct. 2018)

. . . On June 21, 2018, Ryan Torrens submitted the items listed in section 99.061(7), Florida Statutes (2017 . . . Noting that it had to determine whether Torrens properly met the qualifying criteria in section 99.061 . . . Torrens failed to properly qualify as a candidate other than its non-specific reference to section 99.061 . . . Section 99.061(7), relating to qualifying, provides: (a) In order for a candidate to be qualified, the . . . of chapter 106 has no bearing on whether a candidate has properly qualified for office under section 99.061 . . .

BOATMAN, v. HARDEE,, 254 So. 3d 604 (Fla. App. Ct. 2018)

. . . Failure to pay the fee as provided in this subparagraph shall disqualify the candidate. § 99.061(7)(a . . . which the supreme court suggested that requiring strict compliance with the fee provision in section 99.061 . . . Section 99.061(7)(a) 1. had previously permitted a candidate a 48-hour window to provide a cashier's . . . Id. at 772 (emphasis added) (citing § 99.061(7)(a) 1., Fla. Stat. (2016) ). . . . Wright considered whether section 99.061(7)(a) 1. was ambiguous as to whether a candidate whose check . . .

WRIGHT, v. CITY OF MIAMI GARDENS,, 200 So. 3d 765 (Fla. 2016)

. . . Failure to pay the fee as provided in this subparagraph shall disqualify the candidate. § 99.061(7)(a . . . The result in this case is buttressed by the fact that under an earlier version of section 99.061, if . . . See § 99.061(7)(a) 1., Fla. Stat. (2010). . . . See §§ 99.061(1)-(3), Fla. Stat. . . . 99.061(7)(a) 1., Fla. Stat. (2010). This Court’s mandate shall serve as Wright’s notification. . . . POLSTON, J., dissenting. ' Section 99.061(7)(a) 1., Florida Statutes (2016) (emphasis added), clearly . . . Because section 99.061(7)(a) 1. serves thé legitimate government purpose of ensuring that candidates . . . As Judge Makar cogently explains, the critical sentence in section 99.061(7)(a) addresses only circumstances . . . Regarding. the majority’s holding that the version of section 99.061(7)(a) enacted in 2011 is unconstitutional . . .

WRIGHT, v. CITY OF MIAMI GARDENS,, 199 So. 3d 381 (Fla. Dist. Ct. App. 2016)

. . . Analysis Section 99.061(7) of the Florida Statutes governs the process of qualifying for election to . . . Section 99.061(7)(a)l. provides as follows: (7)(a) In order for a candidate to be qualified, the following . . . We, therefore, certify the following question as one of great public importance: Does section 99.061( . . . As in Levey, we note that, prior to the Legislature amending section 99.061(7)(a) in 2011, candidates . . . Stat. (2014). .Judge Makar suggested that 99.061(7)(a)l. is a remedial statute addressing only those . . .

MATTHEWS, v. STEINBERG,, 153 So. 3d 295 (Fla. Dist. Ct. App. 2014)

. . . See § 99.061(5), (7)(a)(l)-(2), Fla. Stat. These qualifications do not appear in the Constitution. . . .

FRANCOIS, v. BRINKMANN, Dr. C., 147 So. 3d 613 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 99.061(4)(b), Florida Statutes (2014), write-in candidates are granted write-in access . . .

LEVEY, v. DETZNER,, 146 So. 3d 1224 (Fla. Dist. Ct. App. 2014)

. . . Addressing the process of qualifying for election to federal, state, county, or district office, section 99.061 . . . trial court rendered its final judgment concluding that despite the harshness of the result, section 99.061 . . . The result in this case is buttressed by the fact that under an earlier version of section 99.061, if . . . See § 99.061(7)(a)l., Fla. Stat. (2010). . . . . § 99.061(7)(a)l, Fla. Stat. (2014) (various emphases added). . . . Under section 99.061(7)(a)l, a candidate who is deemed otherwise “qualified” can be disqualified based . . . See § 99.061(6), Fla. . . . Specifically, the Legislature in Section 14, Chapter 2011-40, Laws of Florida, amended Section 99.061 . . . See § 99.061(10), Fla. Stat. . . . . § 99.061(7)(a)l., Fla. Stat. (2014). . . .

TELLI, v. Dr. C. SNIPES,, 98 So. 3d 1284 (Fla. Dist. Ct. App. 2012)

. . . See §§ 97.021(5)(b) & 99.061, Fla. Stat. (2012). . . .

LACASA J. v. TOWNSLEY,, 883 F. Supp. 2d 1231 (S.D. Fla. 2012)

. . . . § 99.061 (listing requirements). . . . Stat. § 99.061. Thus, it is strikingly clear to the Court that Ms. Samaroo and Mr. . . .

In SENATE JOINT RESOLUTION OF LEGISLATIVE APPORTIONMENT B, 89 So. 3d 872 (Fla. 2012)

. . . . § 99.061(1), Fla. Stat. (2011). . . .

In SENATE JOINT RESOLUTION OF LEGISLATIVE APPORTIONMENT, 83 So. 3d 597 (Fla. 2012)

. . . federal, state, county, and district candidates is between June 4 and June 8, 2012, pursuant to section 99.061 . . .

S. BROWNING, v. YOUNG,, 993 So. 2d 64 (Fla. Dist. Ct. App. 2008)

. . . Section 99.061(5), Florida Statutes provides that “each candidate for a constitutional office shall file . . . Section 99.061(5) does not expressly require that a candidate’s signature on the financial disclosure . . . The Legislature could have incorporated a specific verification requirement such as this in section 99.061 . . . Section 99.061(5) requires a candidate to submit a financial disclosure form in order to qualify for . . . We could read this sequence of statutes to mean that section 99.061(5) requires a notary acknowledgment . . .

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

. . . See §§ 99.061(1), 105.031(1), Fla. . . . See § 99.061(2), Fla. . . .

J. KELLY, a U. S. v. HARRIS,, 331 F.3d 817 (11th Cir. 2003)

. . . Stat. ch. 99.061. . . . Section 99.061 does not reveal a potential injury in fact, however, because nothing in that section requires . . . The single reference to a "loyalty oath” in § 99.061 (7)(a)(3) is to the completely different public . . .

L. MARTINEZ, T. D. O. Dr. P. III, B. s S. A. v. BUSH, R. v. v., 234 F. Supp. 2d 1275 (S.D. Fla. 2002)

. . . . § 99.061(3) (2001). There is no fee for doing so. § 99.092(1), Fla. Stat. (2001). . . . Stat. § 99.061(3) (2001). . . .

CARROLL, v. MACK,, 766 So. 2d 1216 (Fla. Dist. Ct. App. 2000)

. . . See §§ 99.061, 99.095, Fla. Stat. (1999). . . . .

SANCHO, v. JOANOS,, 715 So. 2d 382 (Fla. Dist. Ct. App. 1998)

. . . In this order, the circuit court ruled that the supervisor was required by section 99.061(7)(b), Florida . . . Joanos that he had not timely filed all qualifying papers required by section 99.061(7)(a) within the . . . qualifying period prescribed by section 99.061(2). . . . The parties’ dispute centers on when the duty of notice arises under section 99.061(7)(b). . . . Facts and Procedural History Under section 99.061(2), the qualifying period for prospective candidates . . .

E. JOHNSON, v. MORTHAM,, 926 F. Supp. 1540 (N.D. Fla. 1996)

. . . Although this is the period set out by Section 99.061(1), Florida Statutes, the 1990 amendment adding . . . Section 99.061(8) provides: (8) Notwithstanding the qualifying period prescribed by this section, in . . . extend the qualifying period for all Florida congressional candidates to the dates specified in Section 99.061 . . . extend the qualifying period for all Florida congressional candidates to the dates specified in section 99.061 . . . qualifying period for all Florida congressional candidates to comport with the dates specified in Section 99.061 . . .

BOUDREAU, v. WINCHESTER,, 642 So. 2d 1 (Fla. Dist. Ct. App. 1994)

. . . fee, consisting of a filing fee and an election assessment, and the party assessment, which section 99.061 . . .

A. McNAMEE v. SMITH,, 647 So. 2d 162 (Fla. Dist. Ct. App. 1994)

. . . constitutionality of the filing fee, election assessment and party assessment scheme found in sections 99.061 . . .

U. S. TAXPAYERS PARTY OF FLORIDA, A. W. Jr. G. Al v. SMITH,, 871 F. Supp. 426 (N.D. Fla. 1993)

. . . . §§ 99.09651 and 99.061 which require a minor party candidate for congress, such as plaintiff Feather . . . plaintiffs filed this suit seeking declaratory and injunctive relief from Fla.Stat.Ann. §§ 103.021(3) and 99.061 . . . Fla.Stat. § 99.061(8) provides that Notwithstanding the qualifying period prescribed by this section, . . .

STATE A. BUTTERWORTH v. REPUBLICAN PARTY OF FLORIDA, STATE v. NRA POLITICAL VICTORY FUND,, 604 So. 2d 477 (Fla. 1992)

. . . As acknowledged in the majority opinion, the Republican Party, under sections 99.103 and 99.061(2), Florida . . . because the Republican Party’s executive committee receives public funding, under sections 99.103 and 99.061 . . .

L. M. CROMER, Jr. A. N. B. Jr. C. W. P. R. G. L. A. v. STATE OF SOUTH CAROLINA, P. L. M. CROMER, Jr. A. N. B. Jr. C. W. P. R. G. L. A. v. P. CINNAMON,, 917 F.2d 819 (4th Cir. 1990)

. . . . §§ 99.061, 99.0955 (West 1979 & Supp. 1989); Ga.Code Ann. §§ 21-2-132(c), (d), 21-2-150(a) (1987 & . . . (a)(3), 17-16-6 (1987 & Supp.1990); Ark.Stat.Ann. § 7-7-103(b) (1987 & Supp.1989); Fla.Stat.Ann. §§ 99.061 . . .

POLLY, I. III, v. G. NAVARRO, 457 So. 2d 1140 (Fla. Dist. Ct. App. 1984)

. . . Statutes (1983), means that a nominee need only state that he has not qualified pursuant to section 99.061 . . .

REPUBLICAN STATE EXECUTIVE COMMITTEE, a v. GRAHAM,, 388 So. 2d 556 (Fla. 1980)

. . . . § 99.061(3), Fla.Stat. (1979). . . . It is argued that section 99.061(3) sheds light on the timing of declaration of nomination. . . .

SADOWSKI, v. SHEVIN,, 345 So. 2d 330 (Fla. 1977)

. . . Section 99.061(1), Florida Statutes. . . . .

SADOWSKI, v. SHEVIN, S., 351 So. 2d 44 (Fla. Dist. Ct. App. 1976)

. . . .” ‡ ‡ ‡ * . pursuant to § 99.061, Fla.Stat. . . .

R. ADAMS v. O D. ASKEW,, 511 F.2d 700 (5th Cir. 1975)

. . . Secs. 99.061, 99.092, 103.121 and 105.-031(3), seeking both a declaratory decree under Title 28, U.S.C . . . Secs. 99.061, 99.092, and 103.-121 required candidates for nonjudicial state offices to pay a filing . . .

F. BAYNE, v. W. GLISSON,, 300 So. 2d 79 (Fla. Dist. Ct. App. 1974)

. . . , Florida, bearing Petitioner’s qualification papers to be filed in accordance with Florida Statute 99.061 . . . Florida Statute 99.061(1) provides as follows: “Nomination of candidates for state, county and United . . . hereinabove recited the Respondent candidly concedes that she has not customarily construed Florida Statute 99.061 . . .

FAIR, v. J. F. TAYLOR, MIRANDA, v. A. SEBESTA, HARTWICK v. STONE, S. MULLON v. STONE,, 359 F. Supp. 304 (M.D. Fla. 1973)

. . . . §§ 99.061, 99.092, and § 105.031, F.S.A. . . .

WILSON, v. O D. ASKEW,, 352 F. Supp. 227 (M.D. Fla. 1972)

. . . PER CURIAM: The Florida Election Code, Florida Statutes § 99.061(1), F.S.A., requires candidates seeking . . . then, that four sections of the Election Code are unconstitutional: Florida Statutes §§ 97.021(18), 99.061 . . . Florida Statute 99.061(1). . . .

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

. . . Section, 99.061(4), Florida Statutes, F.S.A., provides that respondent Stone’s department “shall certify . . . resigned, and therefore he is not a “duly qualified” candidate subject to being certified under Section 99.061 . . .

R. BELLER, v. ADAMS,, 235 So. 2d 502 (Fla. 1970)

. . . primary nomination of recognized political parties for the office of Governor of the State (Section 99.061 . . . Section 99.061(2) F.S.A. providing as follows : “(2) Candidates for nomination of any recognized political . . . pursuant to the authority of the election laws, citing particularly the authority provided in Section 99.061 . . .

J. BODNER, v. A. GRAY, W., 129 So. 2d 419 (Fla. 1961)

. . . qualifying' fee of $875 to the Secretary of State in accordance with the requirements of Sections 99.031 and 99.061 . . . qualifying fee, he filed his written protest with the Secretary of State alleging that Sections 99.031 and 99.061 . . . The germane portions of the decree appealed from are: “That the provisions of Sections 99.-031 and 99.061 . . .

L. BAKER, v. STATE CALDWELL,, 122 So. 2d 816 (Fla. Dist. Ct. App. 1960)

. . . Florida Statutes 1949, and when reference is made to Section 97.021(3), (5), and (6), and Sections 99.061 . . .

W. ERVIN, v. CAPITAL WEEKLY POST, a P. O., 97 So. 2d 464 (Fla. 1957)

. . . “Section 99.061(2), as amended by Chapter 29936, Laws of Florida 1955, “ ‘Candidates for nomination of . . .

STATE E. LIMPUS, v. W. NEWELL,, 85 So. 2d 124 (Fla. 1956)

. . . ground that he is prohibited by the provisions of Chapter 29936, Laws of Florida, Acts of 1955, Section 99.061 . . . At that time, the general law relating to the qualifying dates for state and county offices, Section 99.061 . . . Act amended the general election law in various respects and, by Section 4 thereof, amended Section 99.061 . . . As amended, Section 99.061 establishes a 14-day period within which candidates for nomination to such . . .

ERVIN, v. CAPITAL CITY POST,, 8 Fla. Supp. 148 (Leon Cty. Cir. Ct. 1955)

. . . Section 99.061 (2), Florida Statutes 1955— Candidates for nomination of any recognized political party . . .