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 Ethics and Elections
BILL: SB 280
INTRODUCER: Senator Arrington
SUBJECT: Candidate Qualification
DATE: February 27, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Pre-meeting
2. JU
3. RC
I. Summary:
SB 280 creates a substantive requirement that:
• A person seeking to qualify for nomination as a candidate of a political party must be a
registered member of the political party for which the person is seeking nomination as a
candidate for at least 365 days before the beginning of the qualifying period preceding the
general election for which the person seeks to qualify.
• A person seeking to qualify for nomination as a candidate with no party affiliation must be
registered without any party affiliation and may not have been a registered member of any
political party for at least 365 days before the beginning of the qualifying period preceding
the general election for which the person seeks to qualify.
This substantive requirement is in addition to an existing requirement that a person seeking
qualification as a candidate make such a sworn party affiliation statement in writing.
The bill also creates a private right of action by which a political party or other person or entity
with standing may bring a claim for declaratory and injunctive relief based on claim that a person
seeking to qualify as a candidate did not comply with the party affiliation requirement. If a
circuit court determines such person did not comply, he or she is disqualified from placement on
the ballot.
The bill takes effect July 1, 2025.
REVISED: BILL: SB 280 Page 2
II. Present Situation:
Each candidate for an elected office in Florida must take and subscribe to in writing an oath or
affirmation.
1
Current law specifies oath formats for a candidate for federal office,
2
a candidate
for a non-federal office other than a judicial office,
3
and a candidate for a state judicial office.
4
Generally, such oath or affirmation 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;
5
and
• Affirm that the candidate will support the constitutions of the United States and the State of
Florida.
6
In addition, any person seeking to qualify for nomination as a candidate of any political party
must, at the time of subscribing to the oath or affirmation, also state in writing certain
information about his or her party affiliation, specifically:
• The party of which the person is a member;
• That the person has not been a registered member of any political party for 365 days before
the beginning of qualifying preceding the general election for which the person seeks to
qualify; and
• That the person has paid the assessment levied against him or her, if any, as a candidate for
said office by the executive committee of the party of which he or she is a member.
7
Similarly, a person seeking to qualify for office as a candidate with no party affiliation must state
in writing that he or she:
• Is registered without a party affiliation; and
• Has not been a registered member of any political party for 365 days before the beginning of
qualifying preceding the general election for which the person seeks to qualify.
8
Although current law requires candidates to state such information, courts have found no
mechanism by which the provision can be enforced if the person seeking to qualify did not
1
Sections 99.021(1)(a) and 105.031(4), F.S.
2
Section 99.021(1)(a)2., F.S.
3
Section 99.021(1)(a)1., F.S.
4
Section 105.031(4)(b), F.S.
5
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.”
6
Sections 99.021(1)(a)1. and 105.031(4), F.S.
7
Section 99.021(1)(b), F.S.
8
Section 99.021(c), F.S. BILL: SB 280 Page 3
actually comply with the requirement.
9
Therefore, a person who complies with the facial
requirement of the written statement cannot be disqualified from placement on the ballot, even if
his or her statement is untrue.
III. Effect of Proposed Changes:
The bill creates a substantive requirement that:
• A person seeking to qualify for nomination as a candidate of a political party must be a
registered member of the political party for which the person is seeking nomination as a
candidate for at least 365 days before the beginning of the qualifying period preceding the
general election for which the person seeks to qualify.
• A person seeking to qualify for nomination as a candidate with no party affiliation must be
registered without any party affiliation and may not have been a registered member of any
political party for at least 365 days before the beginning of the qualifying period preceding
the general election for which the person seeks to qualify.
The bill authorizes a political party or any other person or entity with standing to bring an action
for declaratory and injunctive relief based on a claim that a person seeking to qualify for
nomination as a candidate of such political party or as a candidate with no party affiliation did
not comply with the requirement.
The bill specifies that if a final judgment of a circuit court determines that a person did not
comply with the requirement, the person may not be qualified as a candidate and his or her name
may not appear on the ballot.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
9
See Torres v. Shaw, 345 So.3d 970 (Fla. 1st DCA 2022), holding that voters and political party had not private right of
action to challenge qualifications of a congressional candidate under the candidate oath requirement; and Jones v. Schiller,
345 So.2d 406 (Fla. 1st DCA 2020), holding that a candidate cannot challenge the veracity of the opposing candidate’s sworn
party affiliation statement. BILL: SB 280 Page 4
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The Legislature may wish to consider:
• Clarifying that the 365-day period must be the 365 consecutive days immediately before
beginning of the qualifying period.
• Revising the entities who may bring an action to make clear which persons or entities have
standing.
VIII. Statutes Affected:
This bill creates section 99.013, Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.