§ 99.092 Qualifying fee of candidate; notification of Department of State.
Overview of Statute
(1) Each person seeking to qualify for nomination or election to any office, except a person seeking to qualify by the petition process pursuant to s. 99.095 and except a person seeking to qualify as a write-in candidate, shall pay a qualifying fee, which shall consist of a filing fee and election assessment, to the officer with whom the person qualifies, and any party assessment levied, and shall attach the original or signed duplicate of the receipt for his or her party assessment or pay the same, in accordance with the provisions of s. 103.121, at the time of filing his or her other qualifying papers. The amount of the filing fee is 3 percent of the annual salary of the office. The amount of the election assessment is 1 percent of the annual salary of the office sought. The election assessment shall be transferred to the Elections Commission Trust Fund. The amount of the party assessment is 2 percent of the annual salary. The annual salary of the office for purposes of computing the filing fee, election assessment, and party assessment shall be computed by multiplying 12 times the monthly salary, excluding any special qualification pay, authorized for such office as of July 1 immediately preceding the first day of qualifying. No qualifying fee shall be returned to the candidate unless the candidate withdraws his or her candidacy before the last date to qualify. If a candidate dies prior to an election and has not withdrawn his or her candidacy before the last date to qualify, the candidate’s qualifying fee shall be returned to his or her designated beneficiary, and, if the filing fee or any portion thereof has been transferred to the political party of the candidate, the Secretary of State shall direct the party to return that portion to the designated beneficiary of the candidate.
s. 24, ch. 6469, 1913; RGS 328; CGL 385; s. 3, ch. 26870, 1951; s. 12, ch. 29934, 1955; s. 4, ch. 65-378; s. 1, ch. 67-531; ss. 10, 35, ch. 69-106; s. 6, ch. 69-281; s. 1, ch. 74-119; s. 1, ch. 75-123; s. 1, ch. 75-247; s. 6, ch. 77-175; s. 28, ch. 79-400; s. 4, ch. 81-105; s. 1, ch. 83-242; s. 8, ch. 89-338; s. 1, ch. 91-107; s. 537, ch. 95-147; s. 11, ch. 97-13; s. 2, ch. 99-140; s. 10, ch. 99-318; s. 13, ch. 2005-277; s. 2, ch. 2010-16; s. 16, ch. 2011-40.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for Person
An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).
4. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
5. Definition for Candidate
Any person to whom any one or more of the following applies:
Case State: florida
Case Name: Secretary of State v. Milligan
Citation: 704 So.2d 152
Case Summary: Secretary of State v. Milligan held that the termination of the Election Campaign Financing Trust Fund did not change the Secretary of State's duty to collect and deposit filing fees.
Case State: florida
Case Name: McNamee v. Smith
Citation: 647 So.2d 162
Case Summary: McNamee v. Smith held that the statute requiring a portion of candidate filing fees to be disbursed to the Election Campaign Financing Trust Fund was not unconstitutional, as it did not violate candidates' freedom of speech or association.
Case State: florida
Case Name: Boudreau v. Winchester
Citation: 642 So.2d 1
Case Summary: Boudreau v. Winchester held that Florida's statutory qualifying fee was not unconstitutional.
Case Name: Green v. Mortham
Citation: 989 F. Supp. 1451
Federal District Court: Middle District of Florida
Case Summary: Green v. Mortham held that Florida's ballot access requirements were reasonable and did not unduly burden plaintiff's constitutional rights.
Case Name: Adams v. Askew
Citation: 511 F.2d 700
Federal Circuit Court: 5th Circuit Court
Case Summary: Adams v. Askew held that the Florida statutes imposing filing fees were constitutional.
Regulations & Guidance
Fla. Jur. 2d Elections s 86, Generally