§ 99.012 Restrictions on individuals qualifying for public office.
Overview of Statute
Statute
(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.
(b) “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.
(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:
- The date the officer would take office, if elected; or
- The date the officer’s successor is required to take office.
(e)
- 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.
- 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.
- All other officers must submit their resignations to the Governor with a copy to the Department of State.
(f)
- With regard to an elective office, the resignation creates a vacancy in office to be filled by election. Persons may qualify as candidates for nomination and election as if the public officer’s term were otherwise scheduled to expire.
- With regard to an elective charter county office or elective municipal office, the vacancy created by the officer’s resignation may be filled for that portion of the officer’s unexpired term in a manner provided by the respective charter. 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.
(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:
- The date the officer would take office, if elected; or
- The date the officer’s successor is required to take office.
(e)
- 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.
- 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.
- All other officers shall submit their resignations to the Governor with a copy to the Department of State.
(f)
- 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.
- 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) Notwithstanding the provisions of any special act to the contrary, with regard to an elective office, the resignation creates a vacancy in office to be filled by election, thereby authorizing persons to qualify as candidates for nomination and election as if the officer’s term were otherwise scheduled to expire. With regard to an elective charter county office or elective municipal office, the vacancy created by the officer’s resignation may be filled for that portion of the officer’s unexpired term in a manner provided by the respective charter. The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.
(7) This section does not apply to:
(a) Political party offices.
(b) Persons serving without salary as members of an appointive board or authority.
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.
- Cross-References:
- Ballot Access
- Candidate Qualifications
The 10 day notice of resignation allows the qualifying officer to open qualifying for the office during the regular qualifying period, if that office was not otherwise scheduled for election. However, if an officer does not submit his or her resignation at least 10 days prior to the first day of qualifying and still wishes to qualify for another office, he or she may submit a resignation effective immediately and therefore qualify as a non officeholder.
Several states allow persons to run for two federal offices, such as vice-president and U.S. Senator or vice-president and U.S. House of Representatives. Candidates from other states may run concurrently for federal office in Florida and for their local out-of-state seat, such as former Republican Congressman Paul Ryan, who in 2012 ran for re-election to the U.S. House of Representatives in Wisconsin, and for vice-president. By contrast, in Florida in 2016, U.S. Senator Marco Rubio, whose term was up in 2016, announced his intent not to run for Senate re-election as he announced his intent to run for president in 2015. However, once Sen. Rubio suspended his presidential campaign, he was able to run for re-election to the Senate. In states such as Wisconsin, Texas, and Connecticut, candidates have run for re-election to Congress and vice-president at the same time.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Public Office
Any federal, state, county, municipal, school, or other district office or position which is filled by vote of the electors. Fla. Stat. § 97.021(32).
3. Definition for Public Office
A state, county, municipal, or school or other district office or position that is filled by vote of the electors. Fla. Stat. § 97.021(32).
4. Definition for General Election
An election held on the first Tuesday after the first Monday in November in the even-numbered years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not otherwise provided for by law. Fla. Stat. § 97.021(16).
5. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
6. 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).
7. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
8. Definition for Candidate
Any person to whom any one or more of the following applies:
Cases
Florida Cases
Case Name: Diaz v. Lopez
Citation: 167 So.3d 455
Year: 2015
Case URL: https://www.ravellaw.com/opinions/1207fd714ebdfb5327c26c9f67a8c551?query=167%20S[...]
Case Summary: Diaz v. Lopez held that an interim mayor was disqualified as a candidate for mayor under Florida's resign-to-run law.
Case Name: Lewis v. City of Tampa
Citation: 64 So.3d 143
Year: 2011
Case URL: https://www.ravellaw.com/opinions/0fefa4b85a971092c3a518b24f3b3a53?query=Lewis%2[...]
Case Summary: Lewis v. City of Tampa held that a mayoral candidate's filing of Oath of Candidate form did not automatically resign him from his position as police captain.
Case Name: Ruiz v. Farias
Citation: 43 So.3d 124
Year: 2010
Case URL: https://www.ravellaw.com/opinions/830b28fd6135ddee245605f4f7464319?query=Ruiz%20[...]
Case Summary: Ruiz v. Farias held that an overlap between a City Council member's expiring term of office and her term of office if she were to be elected to the Florida House of Representatives did not trigger Florida's resign-to-run law.
Case Name: Chalifoux v. Sanchez
Citation: 991 So.2d 432
Case URL: https://www.ravellaw.com/opinions/bca44ca1fb5184fae2ff97763b2cff09?query=991%20S[...]
Case Summary: Chalifoux v. Sanchez held that someone not registered as a Republican could enforce Florida's resign-to-run against a Republican.
Case Name: Varn v. Vasilinda
Citation: 985 So.2d 1241
Year: 2008
Case URL: https://www.ravellaw.com/opinions/1b08b5c1e4375a56a6e947bd1ad83cae?query=Varn%20[...]
Case Summary: Varn v. Vasilinda held that a candidate for the Florida House of Representatives failed to comply with the resign-to-run law by failing to timely remove himself from his position on the Leon County School Board.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Administrative Decisions
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Mr. Samuel S. Goren and Mr. Jacob G. Horowitz, Fla. AGO 2011-26
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Mr. Mark E. Wilson, Resign to Run - Deputy Sheriff running for Sheriff of different county
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Mr. Manny Madruga, Resign to Run - Assistant State Attorney running for Circuit Court Judge
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The Honorable Karen Krauss, Supervisor of Elections, Sumter County, "Resign to Run"
Additional Resources
Further Reading
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Am. Jur. 2d Public Officers and Employees s 63, Statutory and other codified provisions
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24 Florida Practice Series s 15:20, Form for judicial candidate’s oath (per Fla. Stat. sec. 105.031)
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Fla. Jur. 2d Civil Servants and Other Public Officers and Employees s 16, Qualifying to run for more than one office; resignation to run
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Fla. Jur. 2d Counties and Municipal Corporations s 140, Vacancies
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Fla. Jur. 2d Elections s 82, Resignation from present office