The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

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

. . . cashier's check instead of the "check drawn upon the candidate's campaign account" as required by section 105.031 . . .

DONOHO, v. ALLEN- ROSNER, Dr. C., 254 So. 3d 472 (Fla. App. Ct. 2018)

. . . We discussed the definition of "name" in the context of the statute: Section 105.031(4)(b) instructs . . .

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

. . . We find section 105.031(5)(a)1., Florida Statutes (2017), is unambiguous and required a check drawn upon . . . did not meet the statutory requirement of a "check drawn upon the candidate's campaign account." § 105.031 . . . ANALYSIS Appellant argues section 105.031(5)(a)1. is ambiguous as to whether a candidate may submit a . . . We find section 105.031(5)(a)1. clearly sets forth a process. . . . ." § 105.031(5)(a)1., Fla. Stat. . . .

HOOVER, v. K. MOBLEY H., 253 So. 3d 89 (Fla. App. Ct. 2018)

. . . . § 105.031(5)(a) 5. . . . qualifying paperwork "must be received by the filing officer by the end of the qualifying period." § 105.031 . . .

BLOCH, v. DEL REY,, 208 So. 3d 189 (Fla. Dist. Ct. App. 2016)

. . . , as Del Rey substantially complied with the statutory qualifying requirements set forth in section 105.031 . . . Section 105.031 establishes the statutory requirements and deadlines for an individual to qualify as . . . purposes, the relevant provisions are found in subsections (5)(a)5, (5)(b), and (6) which provide: 105.031 . . . Pursuant to the requirements of section 105.031, the Florida Commission on Ethics promulgated a form . . . properly determined that Del Rey substantially complied with the requirements of Form 6 and section 105.031 . . .

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

. . . . § 105.031(5)(a) 1., Fla. . . . Stat. (2016); see also Ch.2011-40, § 51, Laws of Fla. (2011) (amending section 105.031, but not removing . . . We struck down that requirement as unconstitutional: We find that Section 105.031(4)(a) does not- serve . . . For the foregoing reasons, we find Section 105.031(4)(a) unconstitutional. Id. . . .

P. TROTTI, v. DETZNER,, 147 So. 3d 641 (Fla. Dist. Ct. App. 2014)

. . . See §§ 105.031(1), 100.061, & 100.032, Fla. Stat. (2014). . . .

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

. . . Notably, in the same session law, the Legislature amended section 105.031, governing qualifying for nonpartisan . . .

W. BRAY, Jr. v. DETZNER,, 99 So. 3d 1290 (Fla. Dist. Ct. App. 2012)

. . . See § 105.031, Fla. Stat. We reject those arguments. . . .

GRIFFIN, v. UNITED STATES,, 96 Fed. Cl. 1 (Fed. Cl. 2010)

. . . Florida Statute § 99.021 requirement is still mandatory,” Compl. 14, “[djeclare that Florida Statute § 105.031 . . .

ADVISORY OPINION TO GOVERNOR RE JUDICIAL VACANCY DUE TO RESIGNATION, 42 So. 3d 795 (Fla. 2010)

. . . Pursuant to section 105.031, Florida Statutes, the time for qualifying to run for this seat began at . . .

H. JORDAN a k a v. ROBINSON, Dr. C., 39 So. 3d 416 (Fla. Dist. Ct. App. 2010)

. . . We recognized that section 105.031(4)(b) contemplated that a candidate might properly use more than one . . . Levey observed that in the context of section 105.031, the term “name” “connotes any legal form of name . . . For the purpose of section 105.031(4)(b), appellant’s decision to place his birth name on the ballot . . .

LEVEY, v. DIJOLS, Dr. C., 990 So. 2d 688 (Fla. Dist. Ct. App. 2008)

. . . See § 105.031, Fla. Stat. (2007). . . . “Qualifying” to run in a non-partisan judicial election is controlled by section 105.031, Florida Statutes . . . To qualify, a candidate must file an oath substantially in the form provided by statute. § 105.031(4) . . . Section 105.031(4)(b) instructs the candidate to “please print name as you wish it to appear on the ballot . . . Levey filed an oath in accordance with the requirements of section 105.031(4)(b), Florida Statutes (2007 . . .

ADVISORY OPINION TO GOVERNOR RE APPOINTMENT OR ELECTION OF JUDGES, 983 So. 2d 526 (Fla. 2008)

. . . stipulation and declaring Judge Harley to be involuntarily retired as of midnight, April 30, 2008); § 105.031 . . . See § 105.031, Fla. Stat. (2007). . . .

R. SCHURR, v. R. SANCHEZ- GRONLIER, M., 937 So. 2d 1166 (Fla. Dist. Ct. App. 2006)

. . . Plaintiff also asserts that the check presented for payment of his filing fee as required by § 105.031 . . . If so, § 105.031(5)(a)(l) provides that he should be disqualified. . . . Affirmed. . § 105.031(5)(a) requires: (a) In order for a candidate for judicial office ... to be qualified . . . This form, not listed in the Division of Elections memo referenced earlier, is also required by § 105.031 . . . This Court recommends that the legislature consider amending both § 105.031 and § 106.021 to more clearly . . .

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

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

ADVISORY OPINION TO GOVERNOR APPOINTMENT OR ELECTION OF JUDGES, 824 So. 2d 132 (Fla. 2002)

. . . See id. at 285; § 105.031(1), Fla. Stat. (2000). . . .

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

. . . Pursuant to section 105.031(4)(b), Florida Statutes (2000), all candidates for judicial office must file . . . Section 105.031(4)(b), Florida Statutes (1999), provides: (b) All candidates for judicial office shall . . . judicial office to which he or she desires to be elected or in which he or she desires to be retained.” § 105.031 . . .

MILLER, v. GROSS, 788 So. 2d 256 (Fla. Dist. Ct. App. 2000)

. . . Section 105.031(4)(b), Florida Statutes (1999), mandates that a candidate for judicial office “subscribe . . .

SECRETARY OF STATE, B. v. F. MILLIGAN,, 704 So. 2d 152 (Fla. Dist. Ct. App. 1997)

. . . the Act provided that proceeds from filing fees and assessments pursuant to sections 99.092, 99.093, 105.031 . . . The legislature amended sections 99.092, 99.093, 105.031, 106.04, 106.07, and 106.29 by deleting the . . . Section 105.031, Florida Statutes (1995), provided that each candidate qualifying for election to judicial . . .

L. NIPPER A. D. D. W. v. SMITH R., 39 F.3d 1494 (11th Cir. 1994)

. . . . §§ 105.031(3) & .035 (West 1992), and must have been a member in good standing of The Florida Bar for . . .

W. LITTLE, B. C. v. FLORIDA DEPARTMENT OF STATE,, 19 F.3d 4 (11th Cir. 1994)

. . . Fla.Stat. ch. 105.031(3) (1991). . . . Fla.Stat. ch. 105.031(3) (1991). . . . Fla.Stat. ch. 105.031(3) (1991). "This assessment is not challenged in this action.” . . .

NIPPER, v. CHILES,, 795 F. Supp. 1525 (M.D. Fla. 1992)

. . . . § 105.031 (Supp.1992). . . .

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

. . . candidates for Judicial Office to qualify with the DIVISION OF ELECTIONS of the DEPARTMENT OF STATE, (F.S. 105.031 . . .

W. TREIMAN, v. W. MALMQUIST A. SMATHERS v. W. TREIMAN, STATE W. MALMQUIST, v. W. TREIMAN, STATE W. TREIMAN v. L. R. HUFFSTETLER, Jr., 342 So. 2d 972 (Fla. 1977)

. . . consolidated appeals from the order of the Circuit Court of the Second Judicial Circuit finding Section 105.031 . . . qualified to run for office on July 12, 1976, at which time he took the oath prescribed by Section 105.031 . . . Section 105.031(4), Florida Statutes, provides: “Oath of office. — All candidates for judicial office . . . We find that Section 105.031(4)(a) does not serve any reasonable or legitimate state interest. . . . For the foregoing reasons, we find Section 105.031(4)(a) unconstitutional. . . .

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. . . . declaratory and injunctive relief challenging as unconstitutional Florida Statutes 99.92(1), 103.131(g), and 105.031 . . .

OROSZ v. STONE,, 37 Fla. Supp. 134 (Leon Cty. Cir. Ct. 1972)

. . . certification by the secretary of state as a qualified candidate by his inability to swear pursuant to §105.031 . . . The court further finds that §105.031, sub-section 4(a) is unconstitutional and invalid because it attempts . . . See also §105.031 4(a), Florida Statutes; House Bill IF, §2; Article V, §8 (new Article V); Article V . . . Whereupon, it is ordered, adjudged and decreed—(1) §105.031, sub-section 4(a), Florida Statutes, be and . . . enjoined from requiring the plaintiff to subscribe to that part of the oath of candidates set forth in §105.031 . . .