The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 99
CANDIDATES

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F.S. 99.095

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.

F.S. 99.095 on Google Scholar

F.S. 99.095 on Casetext

Amendments to 99.095

Arrestable Offenses / Crimes under Fla. Stat. 99.095

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 99.095.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . the supervisor of elections of the county, or shall qualify by the petition process pursuant to s. 99.095 . . .

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

. . . 99.092, unless the candidate obtained the required number of signatures on petitions pursuant to s. 99.095 . . .

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

. . . in lieu thereof, as applicable, the copy of the notice of obtaining ballot position pursuant to s. 99.095 . . .

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

. . . 99.092, unless the candidate obtained the required number of signatures on petitions pursuant to s. 99.095 . . . 99.092, unless the candidate obtained the required number of signatures on petitions pursuant to s. 99.095 . . . the copy of thenotice-of-obtaining ballot position pursuant to s. 99.095. . . .

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

. . . 99.092, unless the candidate obtained the required number of signatures on petitions pursuant to s. 99.095 . . .

BRINKMANN, v. FRANCOIS,, 184 So. 3d 504 (Fla. 2016)

. . . 99.092, Florida Statutes (2014); or someone seeking to qualify by the petition process under section 99.095 . . .

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

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

. . . at least one candidate has actively pursued qualification through the petition process under section 99.095 . . .

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

. . . qualify for nomination using the “Alternative Method for Qualifying” under Florida Statute section 99.095 . . . See § 99.095(3), Fla. Stat. (1999). Certain timetables must be observed for qualifying by petition. . . . , as shown by the compilation by the Department of State for the last preceding general election. § 99.095 . . . Again, we conclude Mack has simply not shown that she has met the statutory requirements under section 99.095 . . . See §§ 99.061, 99.095, Fla. Stat. (1999). . . . .

GREEN, v. MORTHAM,, 155 F.3d 1332 (11th Cir. 1998)

. . . . § 99.095 (West Supp.1998). This petitioning alternative required 4,077 signatures. . . . Ann. § 99.095(2) (1982). Green did not meet either requirement by the respective deadline. . . . qualify for nomination or election to any office, except a person seeking to qualify pursuant to § 99.095 . . . Boudreau, 642 So.2d at 2. .Section 99.095 provides: A person seeking to qualify for nomination to any . . . Ann. § 99.095(1), (3) (West Supp. 1998). . . . .

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

. . . qualifying fee or a copy of the notice that the candidate has obtained a ballot position pursuant to section 99.095 . . .

GREEN, v. MORTHAM,, 989 F. Supp. 1451 (M.D. Fla. 1998)

. . . Fla.Stat. ch. 99.095(3) (1995). . . . In this regard, section 99.095 currently provides, in pertinent part, as follows: (1) A person seeking . . . By its express terms, section 99.095 provides an alternative qualifying method to section 99.092, in . . . Based on this testimony, Plaintiff argues that comfortably complying with section 99.095’s signature . . . Also unpersuasive is Plaintiffs argument that section 99.095 is an unreasonable alternative to paying . . .

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

. . . Florida Statutes, one seeking nomination to office, other than as a write-in candidate or under section 99.095 . . .

CLEAN- UP a v. C. HEINRICH,, 759 F.2d 1511 (11th Cir. 1985)

. . . If such candidate has filed the oath prescribed by s. 99.095(1), he shall not be required to file a second . . .

J. McCARTHY v. O D ASKEW, 420 F. Supp. 775 (S.D. Fla. 1976)

. . . See §§ 101.261, 101.262, 99.095, 99.152, 99.153. . Since the decision in Williams v. . . .

F. DANCIU, v. W. GLISSON,, 302 So. 2d 131 (Fla. 1974)

. . . . § 99.095 by means of petition for nomination in a primary election. . . .