The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 666
INTRODUCER: Ethics and Elections Committee and Senator Collins
SUBJECT: Form of Candidate Oath
DATE: April 10, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Fav/CS
2. Davis Cibula JU Favorable
3. Biehl Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 666 revises the oath format for certain candidates for office. Current law requires each
candidate for a Florida office to sign a written oath or affirmation that includes, in part, the
candidate’s “address.” The bill specifies that the address in the oath or affirmation for a non-
federal office must be the candidate’s “address of legal residence.”
For purposes of the Florida Election Code, an “address of legal residence” means the legal
residential address of the elector and includes all information necessary to differentiate one
residence from another, including, but not limited to, a distinguishing apartment, suite, lot, room,
or dormitory room number or other identifier.”
1
The bill takes effect July 1, 2023.
II. Present Situation:
The Florida Constitution and the statutory Election Code
2
specify a number of requirements
candidates for public office must satisfy. Those requirements include, but are not limited to, a
signed oath or affirmation and certain residency requirements.
1
Section 97.021(3), F.S.
2
Chapters 97-106, F.S.
REVISED: BILL: CS/SB 666 Page 2
Oath or Affirmation
Each candidate for an elected office in Florida must take and subscribe to in writing an oath or
affirmation.
3
Current law specifies oath formats for a candidate for federal office,
4
a candidate
for a non-federal office other than a judicial office,
5
and a candidate for a state judicial office.
6
Every oath or affirmation must be signed by the candidate in front of the filing officer and must
contain his or her address.
The oath or affirmation for a non-federal office must, in substance:
Provide the name of the office for which the candidate is running;
Affirm that the candidate is a qualified elector of the county or court jurisdiction, as
applicable;
Affirm that the candidate is qualified under the State Constitution and laws of Florida to hold
the office for which he or she is running;
Affirm that the candidate has not qualified for any other public office in the state for which
the term runs concurrently and that he or she has resigned from any office from which he or
she is required to resign;
7
and
Affirm that the candidate will support the constitutions of the United States and the State of
Florida.
8
Residency
Many elected offices require that the public officials holding them live within a specified district
or area. Unless otherwise provided for constitutionally, legislatively, or judicially, any residency
requirement for an elected office must be met at the time of assuming office.
9
Some offices with
specified residency requirements are below.
Office Point at Which Residency Requirement Must be Met
City commissioner At time of assuming office, unless otherwise provided
by city charter or ordinance
10
Congressional member (U.S.
Senator or U.S. Representative)
At time of election
11
3
Sections 99.021(1)(a) and 105.031(4), F.S.
4
Section 99.021(1)(a)2., F.S.
5
Section 99.021(1)(a)1., F.S.
6
Section 105.031(4)(b), F.S.
7
Section 99.012(3)(a), F.S., states, “No officer may qualify as a candidate for another state, district, county, or municipal
public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she
presently holds.”
8
Sections 99.021(1)(a)1. and 105.031(4), F.S.
9
Florida Division of Elections, Guidelines for Determining When Residency Qualifications for Elected Office Must be Met,
DE Reference Guide 0008, updated 02/2020 https://soe.dos.state.fl.us/pdf/DE%20Guide%200008%20-
%20Guidelines%20for%20Determining%20When%20Residency%20Qualifications%20for%20Elected%20Office%20Must
%20be%20Met%20-%2020200205.pdf.
10
See Nichols v. State, 177 So.2d 467 (Fla. 1965); Marina v. Leahy, 578 So.2d 382; and Division of Elections opinions 94-04
and 92-10.
11
Article 1, ss. 2 and 3, U.S. CONST. BILL: CS/SB 666 Page 3
County commissioner At time of election
12
Constitutional county officers
(clerk of court, supervisor of
elections, property tax appraiser,
sheriff)
At time of assuming office
13
Governor, Lieutenant Governor, or
Cabinet member
At time of election
14
Judge At time of assuming office
15
State legislators At time of election
16
School board members At time of qualifying
17
School superintendent At time of assuming office
18
III. Effect of Proposed Changes:
The bill amends the oath formats for a candidate for a non-federal office other than a judicial
office and for a candidate for state judicial office to specify that the included address must be the
candidate’s address of legal residence. The current statute requires the candidate to state, under
the candidate’s signature, simply his or her “address.”
For purposes of the Florida Election Code, an “address of legal residence” means the legal
residential address of the elector and includes all information necessary to differentiate one
residence from another, including, but not limited to, a distinguishing apartment, suite, lot, room,
or dormitory room number or other identifier.”
19
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
12
See State v. Grassi, 532 So.2d 1055 (Fla. 1988); FLA CONST. art. VII, s. 1(e); Division of Elections opinions 92-10 and 94-
04; and Op. Att’y Gen. Fla. 74-293 (1974).
13
See Division of Elections opinions 90-30, 92-10, and 94-04.
14
FLA. CONST. art. IV, s. 5(b).
15
See FLA. CONST. art. V, s. 8; and Division of Elections opinions 78-31 and 94-04.
16
See Ruiz v. Farias, 43 So.3d 124 (Fla. 3d DCA 2010).
17
See ss. 1001.34 and 1001.361, F.S.; and Division of Elections opinions 82-02 and 94-04.
18
See Division of Elections opinion 94-04.
19
Section 97.021(3), F.S. BILL: CS/SB 666 Page 4
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
There could be a cost for the reprinting of candidates’ oath of office forms and replace
the phrase “address” with “address of legal residence”.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Some candidates for office and elected officials may be entitled to protect their home addresses
from disclosure under public-records laws.
20
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 99.021 and 105.031.
20
The State Constitution and Florida Statutes require disclosure of public records upon request unless a legislatively created
exemption applies (FLA. CONST. art. I, s. 24(a), and s. 119.07(1)(a), F.S.). Section 119.071(4)(d), F.S., exempts from public
disclosure the personal identification and location information of a number of public officials and employees, their spouses,
and their children. Examples of personnel whose information is protected under the exemptions include, but are not limited
to, justices and judges, law enforcement officers, state attorneys, and public defenders. BILL: CS/SB 666 Page 5
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Ethics and Elections on March 7, 2023:
The CS makes the same change to the oath for judicial candidates – requiring that the
listed address be the address of legal residence – that the underlying bill makes to the
oath for candidates for other state offices.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.