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: CS/SB 982
INTRODUCER: Ethics and Elections Committee and Senator Bernard
SUBJECT: Candidate Qualifying
DATE: March 18, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 982 makes the following changes regarding candidate qualifying and use of debit cards:
• Authorizes a candidate for an office, other than judicial office or school board member, to
pay his or her filing fee by a debit card linked to the candidate’s campaign account.
• Grants a candidate for nomination or election to an office the standing to challenge in a
circuit court whether another candidate for the same office has met the requirements outlined
in subsection for qualification.
• Revises the requirements for a candidate’s or political committee’s use of a debit card for
expenses or expenditures.
The bill takes effect July 1, 2025.
REVISED: BILL: CS/SB 982 Page 2
II. Present Situation:
Qualifying Process
Current law prescribes the process by which a person seeking nomination or election to a public
office may qualify to do so.
1
Such a person must file his or her qualification papers with, and pay
the qualifying fee
2
to, the relevant filing officer.
3
The law also provides a process by which a
person can obtain a certain number of signed petitions in lieu of paying the qualifying fee.
4
In order for a candidate
5
for an office other than a judgeship or school board to be qualified, the
following items must be received by the filing officer by the end of the qualifying period:
6
• A properly executed check drawn upon the candidate’s campaign account for the filing fee,
unless the candidate qualified by petition.
7
If a candidate’s check is returned by the bank for
any reason, the filing officer must immediately notify the candidate. The candidate has until
the end of the qualifying period to pay the fee with a cashier’s check purchased from funds of
the campaign account.
8
• The candidate’s oath, as required by s. 99.021, F.S.
• If the office sought is partisan, the written statement of political party affiliation required by
s. 99.021(1)(b), F.S.; or if the candidate is running without party affiliation for a partisan
office, the written statement required by s. 99.021(1)(c), F.S.
• The completed form for the appointment of campaign treasurer and designation of campaign
depository.
• The candidate’s financial disclosure.
9
1
Sections 99.061 and 105.031, F.S.
2
The qualifying fee consists of the filing fee and election assessment, and party assessment, if applicable (ss. 99.061(1),
99.092(1), and 105.031(3), F.S.). Write-in candidates are exempt from the filing fee requirement (s. 99.092(1), F.S.).
3
The filing officer for a federal, state, or multicounty district office, other than a judicial office or school board member, is
the Department of State (s. 99.061(1), F.S.). The filing officer for a county office, or for a district office that is not
multicounty, is the local supervisor of elections (s. 99.061(2), F.S.). Except for candidates for judicial office, nonpartisan
candidates for multicounty office qualify with the Department of State, and nonpartisan candidates for countywide or less
than countywide office file with the supervisor of elections. Candidates for county court judge file with the supervisor of
elections; all other judicial candidates file with the Department of State. Section 105.031(1), F.S.
4
Sections 99.095 and 105.035, F.S.
5
Section 106.011(3), F.S., defines “candidate” to mean a person to whom any of the following applies: 1) a person who seeks
to qualify for nomination or election by means of the petitioning process; 2) a person who seeks to qualify for election as a
write-in candidate; 3) a person who receives contributions or makes expenditures, or consents for any other person to receive
contributions or make expenditures, with a view to bring about his or her nomination or election to, or retention in, public
office; 4) a person who appoints a treasurer and designates a primary depository; or 5) a person who files qualification papers
and subscribes to a candidate’s oath as required by law. The definition excludes any candidate for a political party executive
committee.
6
The qualifying period for the following offices is between the 120th and 116th days prior to the primary election: federal
office, state attorney, public defender, or judicial office. The qualifying period for the following offices is between the 71st
and 67th days prior to the primary election: state or multicounty district office, other than state attorney or public defender;
county office or single-county district office; or school board. See ss. 99.061 and 105.031, F.S.
7
The filing fee for a special district candidate is not required be drawn upon his or her campaign account (s. 99.061(7)(a)1.,
F.S.).
8
In contrast, the qualifying provisions governing candidates for judgeships and school boards allows a candidate 48 hours
from the time notification of the returned check is received, excluding Saturdays, Sundays, and legal holidays (s.
105.031(5)(a)1., F.S.).
9
Section 99.061(7)(a), F.S. BILL: CS/SB 982 Page 3
In 2024, the Florida Fourth District Court of Appeal upheld a lower court’s ruling that
disqualified five candidates for county commission because they paid the filing fee with a debit
card instead of a check.
10
Expenditures by Candidates and Political Committees – Use of Debit Cards
The campaign treasurer or deputy campaign treasurer of a candidate or political committee may
make expenditures
11
from funds on deposit in the primary campaign depository only by means of
a bank check drawn upon the campaign account of the candidate or political committee.
12
For
purposes of the section governing expenses of and expenditures by candidates and political
committees, debit cards are considered bank checks if:
• Debit cards are obtained from the same bank that has been designated as the candidate’s or
political committee’s primary campaign depository.
• Debit cards are issued in the name of the treasurer, deputy treasurer, or authorized user and
contain the name of the campaign account of the candidate or political committee.
• No more than three debit cards are requested and issued.
• The person using the debit card does not receive cash as part of, or independent of, any
transaction for goods or services.
• All receipts for debit cards contain:
o The last four digits of the debit card number.
o The exact amount of the expenditure.
o The name of the payee.
o The signature of the campaign treasurer, deputy treasurer, or authorized user.
o The exact purpose for which the expenditure is authorized.
13
In the 2024 case discussed above, the qualifying of the county commission candidates was also
challenged because the receipt for payment of the filing fee provided by the filing officer did not
have a signature line and therefore was not signed by the campaign treasurer who made the
expenditure.
14
Challenge of Election Results
The certification of election or nomination of any person to office, or of the result on any
question submitted by referendum, may be contested in the circuit court by any unsuccessful
candidate for such office or nomination thereto or by any elector qualified to vote in the election
related to such candidacy, or by any taxpayer. The grounds for contesting an election are:
• Misconduct, fraud, or corruption on the part of any election official or any member of the
canvassing board sufficient to change or place in doubt the result of the election.
10
Wyly v. Felder, 398 So.2d 463 (Fla. 4th DCA 2024).
11
Section 106.011(10)(a), F.S., defines “expenditure” to mean a purchase, payment, distribution, loan, advance, transfer of
funds by a campaign manager or deputy campaign treasurer between a primary deposit and a separate interest-bearing
account or certificate of deposit, or gift of money or anything of value made for the purpose of influencing the results of an
election or making an electioneering communication.
12
Section 106.11(a)(a), F.S.
13
Section 106.11(2)(a), F.S.
14
Wyly, supra note 11. BILL: CS/SB 982 Page 4
• Ineligibility of the successful candidate for the nomination or office in dispute.
• Receipt of a number of illegal votes or rejection of a number of legal votes sufficient to
change or place in doubt the result of the election.
• Proof that any elector, election official, or canvassing board member was given or offered a
bribe or reward for the purpose of procuring the successful candidate’s nomination or
election or determining the result on any question submitted by referendum.
15
III. Effect of Proposed Changes:
Qualifying Process
CS/SB 982 authorizes a candidate for an office other than judicial office or school board member
to pay his or her filing fee by a debit card linked to the candidate’s campaign account.
Candidates for judicial office or school board membership would still be limited to payment by
check.
Challenges to Candidates
The bill grants a candidate for nomination or election to an office standing to challenge in circuit
court whether another candidate for the same office has complied with the subsection setting
forth the items that must be received in order for a candidate to be qualified. The bill prescribes
the following process for such a challenge:
• A complaint setting forth the grounds of the challenge must be filed within 10 days after
midnight of the end of the qualifying period.
• The filing officer and any supervisor of elections responsible for conducting the election are
indispensable parties to any such challenge.
• A copy of the complaint must be served upon the defendant and any other person named in
the complaint in the same manner as in other civil cases under state law.
• Within 10 days after service of the complaint, the defendant must file an answer admitting to
or denying the allegations.
• A candidate who makes such a challenge is entitled to an immediate hearing.
If a final order of a court determines that a person did not comply with the subsection setting
forth the items that must be received in order for a candidate to be qualified, that person is
disqualified from appearing on the ballot.
The bill does not appear to allow an opposing candidate to challenge the veracity of the
documents required for qualification.
Expenditures by Candidates and Political Committees – Use of Debit Cards
The bill revises the requirements for a candidate’s or political committee’s use of a debit card for
expenses or expenditures. Specifically, the bill revises the requirement that all debit card receipts
contain the signature of the campaign treasurer, deputy treasurer, or authorized user to provide
that such signature is required only if the receipt bears a signature line.
15
Section 102.168, F.S. BILL: CS/SB 982 Page 5
Effective Date
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.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Some candidates may incur litigation costs pursuant to the new cause of action created by
the bill.
C. Government Sector Impact:
Filing officers that do not currently have equipment to process debit cards will incur costs
to purchase it.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: CS/SB 982 Page 6
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 99.061 and 106.11.
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 17, 2025:
The committee substitute removes from the bill a change to the length of time a candidate
whose filing-fee check is returned by the bank has to pay the filing fee via cashier’s
check.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.