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Florida Statute 114.01 | Lawyer Caselaw & Research
F.S. 114.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 114.01

The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 114
VACATING OFFICE
View Entire Chapter
F.S. 114.01
114.01 Office deemed vacant in certain cases.
(1) A vacancy in office shall occur:
(a) Upon creation of an office.
(b) Upon the death of the incumbent officer.
(c) Upon removal of the officer from office.
(d) Upon the resignation of the officer and acceptance thereof by the Governor.
(e) Upon the succession of the officer to another office.
(f) Upon the officer’s unexplained absence for 60 consecutive days.
(g) Upon the officer’s failure to maintain the residence required of him or her by law.
(h) Upon the failure of a person elected or appointed to office to qualify for office within 30 days from the commencement of the term of office.
(i) Upon the refusal of the person elected or appointed to accept the office.
(j) Upon the conviction of the officer of a felony as defined in s. 10, Art. X of the State Constitution.
(k) Upon final adjudication, in this state or in any other state, of the officer to be mentally incompetent.
(l) Upon the rendition of a final judgment of a circuit court of this state declaring void the election or appointment of the incumbent to office.
(2) With respect to paragraphs (b) and (f)-(k) of subsection (1), the Governor shall file an executive order with the Secretary of State setting forth the facts which give rise to the vacancy, and he or she shall include in such order the title of the office, the name of the incumbent officer or person who held the office, and the date on which the vacancy in office occurred. The office shall be considered vacant as of the date specified in the executive order or, in absence of such a date, as of the date the executive order is filed with the Secretary of State.
History.s. 1, ch. 1633, 1868; RS 214; GS 298; RGS 396; CGL 461; s. 25, ch. 71-355; s. 1, ch. 77-235; s. 728, ch. 95-147.

F.S. 114.01 on Google Scholar

F.S. 114.01 on Casetext

Amendments to 114.01


Arrestable Offenses / Crimes under Fla. Stat. 114.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 114.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

P. TROTTI, v. SCOTT,, 271 So. 3d 904 (Fla. 2018)

. . . We specifically rejected the argument there that section 114.01(1)(d), Florida Statutes (1977)-which . . .

IN RE KOPERSKI, v., 540 B.R. 394 (Bankr. D. Minn. 2015)

. . . (D.Cts.) 114.01 (subject to t designated limited exceptions, “[a]ll civil cases are subject to Alternative . . .

DETROIT INTERNATIONAL BRIDGE COMPANY, v. GOVERNMENT OF CANADA,, 53 F. Supp. 3d 1 (D.D.C. 2014)

. . . . § 114.01(a)(1). . . . Compare 33 C.F.R. §§ 114.01-115.70 (2013) with 33 C.F.R. §§ 209.110-209.520 (1946). . . .

In MARTIN, 371 B.R. 347 (Bankr. C.D. Ill. 2007)

. . . Martin’s ongoing income for the business would only be $114.01 per month. . . .

ADVISORY OPINION TO GOVERNOR JUDICIAL VACANCY DUE TO MANDATORY RETIREMENT, 940 So. 2d 1090 (Fla. 2006)

. . . . § 114.01 providing that an office shall be “deemed vacant” in cases there enumerated, one being “resignation . . .

MILLER, v. MENDEZ,, 804 So. 2d 1243 (Fla. 2001)

. . . See § 114.01, Fla. Stat. (2001). . . .

MILLER, v. GROSS, 788 So. 2d 256 (Fla. Dist. Ct. App. 2000)

. . . At that time, section 114.01 then provided that “(e)very office shall be deemed vacant ... . . .

In ADVISORY OPINION TO THE GOVERNOR- TERMS OF COUNTY COURT JUDGES, 750 So. 2d 610 (Fla. 1999)

. . . However, section 114.01, Florida Statutes (1965), stated that a candidate had sixty days after election . . .

In BUTTES GAS OIL CO. BUTTES GAS OIL CO. v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, R., 182 B.R. 493 (Bankr. S.D. Tex. 1994)

. . . Co., 726 F.2d 620 (10th Cir.1984). 5 Collier on Bankruptcy, ¶ 114.01 (15th ed., 1994). . . .

ALLIED CORPORATION, v. ACME SOLVENTS RECLAIMING, INC., 812 F. Supp. 124 (N.D. Ill. 1993)

. . . Plaintiffs argue that a close reading of 114.01 of the agreement reveals that Valspar explicitly accepted . . .

In LEE L. L. J., 167 B.R. 417 (Bankr. S.D. Miss. 1992)

. . . second deed of trust, for its regular monthly payment under the installment contract in the amount of $114.01 . . .

In BROAD ASSOCIATES LIMITED PARTNERSHIP,, 129 B.R. 328 (Bankr. D. Conn. 1991)

. . . Article IV, 114.01; Art. VI, If 6.01. . . .

AUDUBON SOCIETY OF CENTRAL ARKANSAS, v. DAILEY,, 761 F. Supp. 640 (E.D. Ark. 1991)

. . . . § 114.01) by advanced approval pursuant to 33 C.F.R. § 115.70. 76. . . .

W. KANE, v. S. ROBBINS,, 556 So. 2d 1381 (Fla. 1989)

. . . See §§ 114.01, 114.04, 100.111, Fla.Stat. (1989). . . .

LUBRIZOL CORPORATION, v. EXXON CORPORATION, R. D. GATES a, 871 F.2d 1279 (5th Cir. 1989)

. . . (emphasis added) Lubrizol argues in two ways that the release of “claims” in 114.01 is a narrow expression . . . Accordingly, the comparatively expansive language of ¶ 4.02 necessarily implies that 114.01 did not comprehensively . . . As it is, we are not troubled by the differing language of 114.01 and 4.02. . . . The discrepancy between 114.01 and ¶ 4.02 alone leads to no specific inference concerning the computer . . .

SMITH, v. BUTLER,, 696 F. Supp. 748 (D. Mass. 1988)

. . . Sand et al., Modern Federal Jury Instructions 114.01, Instruction 4-2 (1988). . . .

UNITED STATES v. KHAN,, 821 F.2d 90 (2d Cir. 1987)

. . . See Sand, Siffert, Loughlin & Reiss, Modem Federal Jury Instructions 114.01, at 4-5 (1986). . . . Id., 114.01, at 4-9. . . .

COLDWELL BANKER COMPANY, v. J. EYDE,, 661 F. Supp. 657 (N.D. Ill. 1986)

. . . Moore, Moore’s Federal Practice 114.01 [33.-2] (2d ed. 1986). . . .

UNITED STATES ITRI BRICK CONCRETE CORP. v. UNION INDEMNITY INSURANCE COMPANY OF NEW YORK,, 109 F.R.D. 153 (E.D.N.Y. 1986)

. . . See Proposed Amendments to Rule 4(d), reprinted in 2 Moore’s Federal Practice, 114.01 [33.-2], at 4-44.1 . . .

HELITZER, v. HELITZER,, 761 F.2d 582 (10th Cir. 1985)

. . . Casad, Jurisdiction in Civil Actions 114.01[l][b] (1983). . . .

MONFORT OF COLORADO, INC. v. CARGILL, INC., 591 F. Supp. 683 (D. Colo. 1983)

. . . No. 31, 481 F.2d 122 (9th Cir.1973); Von Kalinowski, Antitrust Laws and Trade Regulation, Vol. 10 § 114.01 . . .

FRIENDSHIP MATERIALS, INC. v. MICHIGAN BRICK, INC. Co. Co., 679 F.2d 100 (6th Cir. 1982)

. . . Turner, Antitrust Law § 329, pp. 138-39 (1978); 15 Von Kalinowski, Antitrust Laws and Trade Regulation § 114.01 . . . Feb. 3,1982); 15 Von Kalinowski, Antitrust Laws and Trade Regulation § 114.01[1], p. 114-7 (1981). . . .

A. M. SEAMON v. UPHAM,, 536 F. Supp. 931 (E.D. Tex. 1982)

. . . 102, 103, 104, 105, 106, 107, 108.01, 108.02, 108.03, 109, 110.01, 110.02, 111.01, 111.02, 112, 113, 114.01 . . .

SHAYER, v. C. KIRKPATRICK, St. C. Jr. St. M. O H. OVERSCHMIDT, v. C. KIRKPATRICK, MISSOURI STATE CONFERENCE OF BRANCHES OF NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE, INC. St. NAACP, St. NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, St. NAACP, v. BOND, C. MISSOURI STATE CONFERENCE OF BRANCHES OF NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE, INC. NAACP, St. NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, Dr. Mr. L. v. BOND, C., 541 F. Supp. 922 (W.D. Mo. 1982)

. . . part) Blue Township (part) Independence (part) Block Group 1 (part) Blocks 116-136 1,800 Census Tract 114.01 . . . (part) Block Group 1 (part) Blocks 102-109 1,475 Block Group 2 1,391 Block Group 3 542 Census Tract 114.01 . . .

S. SMITH, v. BRANTLEY, O D L., 400 So. 2d 443 (Fla. 1981)

. . . Laws Ann. (1927); § 114.01(2), Fla. Stat. (1975) (“Every office shall be deemed vacant ... . . . Ch. 77-235, section 1, Laws of Florida, appearing as section 114.01(l)(d), Florida Statutes (1977). . . . section 3, adopts the “American view” of resignations and that the acceptance requirement of section 114.01 . . .

CITIZENS FOR MASS TRANSIT, INC. v. ADAMS CONCERNED CITIZENS OF ALGIERS, INC. v. ADAMS, 492 F. Supp. 304 (E.D. La. 1980)

. . . (Emphasis added.) 33 CFR § 114.01(c)(5). . . .

DOE, v. H. WEBSTER, FBI,, 606 F.2d 1226 (D.C. Cir. 1979)

. . . . § 114.01 (1973), N.J.Stat.Ann. § 2AU35-9 (1969). . . .

PRESIDIO BRIDGE COMPANY v. SECRETARY OF STATE, 486 F. Supp. 288 (W.D. Tex. 1978)

. . . See 33 CFR § 114.01. . . . .

In ADVISORY OPINION OF GOVERNOR, APPOINTMENT OF COUNTY COMMISSIONERS, DADE COUNTY, 313 So. 2d 697 (Fla. 1975)

. . . Underscoring supplied) By statute, the Legislature' has defined when an office is deemed vacant, as follows : “114.01 . . . vacancy in office created by resignation or created by any of the circumstances specified by Section 114.01 . . . An office is not deemed vacant under Section 114.01 upon charge of commission of felony but rather is . . . is temporary in nature, and appointing- to fill a “vacancy” when such occurs under Florida Statute 114.01 . . .

PASCO Jr. v. HEGGEN,, 314 So. 2d 1 (Fla. 1975)

. . . That right is partially embodied in Section 114.01, Florida Statutes, which recognizes the right of a . . .

SPECTOR, v. GLISSON, J. Jr., 305 So. 2d 777 (Fla. 1974)

. . . . § 114.01 providing that an office shall be “deemed vacant” in cases there enumerated, one being “resignation . . .

v., 64 Cust. Ct. 331 (Cust. Ct. 1970)

. . . the United States, the following comments on the provisions for clams and clam juice in TSUS items 114.01 . . .

R. KIRK, Jr. v. BAKER,, 229 So. 2d 250 (Fla. 1969)

. . . See also Section 114.01(7), Florida Statutes, 1967, which provides that every office shall be deemed . . .

In ADVISORY OPINION TO GOVERNOR, 217 So. 2d 289 (Fla. 1968)

. . . office, ‘shall occur on the creation of any office * * *’ Similar language may be found in Section 114.01 . . . Interestingly, Section 3 of Article X of the revision is apparently patterned after portions of § 114.01 . . .

In ADVISORY OPINION TO THE GOVERNOR, 214 So. 2d 473 (Fla. 1968)

. . . Section 114.01, Florida Statutes, F.S.A., reads in part: “Every office shall be deemed vacant in the . . .

In ADVISORY OPINION TO THE GOVERNOR, 192 So. 2d 757 (Fla. 1966)

. . . Chapter 114.01, Florida Statutes 1965 F.S. . . .

N. COLBATH, Jr. v. ADAMS,, 184 So. 2d 883 (Fla. 1966)

. . . Section 114.01(5), F.S.A., but at the expiration of that sixty-day period the office was abandoned by . . .

R. A. GRAY, E. v. BRYANT, a, 125 So. 2d 846 (Fla. 1960)

. . . First, in Section 114.01 it prescribes the cases in which offices shall be deemed vacant. . . . The pertinent sections of this chapter, Sections 114.01 and 114.04, were adopted in 1868 (ch. 1633) and . . . Section 114.01 reads in part: “Every office shall be deemed vacant in the following cases: * h= * * * . . . Section 114.01, F.S.A., which prescribes the cases in which offices shall be deemed vacant, has not been . . . The offices here involved are now vacant under the provisions of Section 114.01(6), F.S.A. . . .

ADVISORY OPINION TO THE GOVERNOR, 88 So. 2d 756 (Fla. 1956)

. . . yet to run, no relief is in prospect unless new facts develop proving actual death whereby Section 114.01 . . . Section 114.01 of such Chapter lists some 10 specific instances where a vacancy is deemed to exist. . . . Such Section 114.04 provides that in all cases such as listed in Section 114.01 and in all other cases . . . Bird, 120 Fla. 780, 163 So. 248, 255; and is thus to be “deemed vacant” under F.S. § 114.01, F.S.A. . . . I do not anticipate, however, that the proof needed to bring the case within F.S. § 114.01(4) must be . . .

J. KLEIN, v. E. SCHULZ E. B., 87 So. 2d 406 (Fla. 1956)

. . . Judge Pearson resigned in 1956, the office of Judge of the Court of Crimes became vacant under Section 114.01 . . .

In ADVISORY OPINION TO THE GOVERNOR, 81 So. 2d 778 (Fla. 1955)

. . . and public trial, by an impartial jury, in the county where the crime was committed * * *; ’ “Section 114.01 . . . assuming further that the Legislature undertook to exercise such power in the enactment of Section 114.01 . . . contemplated by the framers of the constitution, or by the Legislature in the enactment of Section 114.01 . . . The statute which you cite, therefore, F.S.Sec. 114.01, F.S.A., which supplements organic law and is . . . Since it appears that F.S.Sec. 114.01(4), F.S.A., is available as a possible basis for-executive action . . .

N. TAPPY, v. STATE W. S. BYINGTON,, 82 So. 2d 161 (Fla. 1955)

. . . Section 114.01(10), F.S., F.S.A., is to like effect. In State ex rel. Davis v. . . .

STATE WYNN v. SQUARCIA, 66 So. 2d 263 (Fla. 1953)

. . . respondent was appointed to fill the “vacancy” in office defined and described by Subsection (6) of Section 114.01 . . .

STATE OF FLORIDA, N. VERNON HAWTHORNE, v. MARSHALL C. WISEHEART, 158 Fla. 267 (Fla. 1946)

. . . Section 114.01, Florida Statutes 1941, defines the conditions under which an office becomes vacant. . . . The Governor may declare a vacancy under certain conditions named in Section 114.01, or he may create . . .

ADVISORY OPINION TO THE GOVERNOR, 157 Fla. 885 (Fla. 1946)

. . . We find nothing in Section 98.08, Florida Statutes 1941, relating to Special Elections, or Section 114.01 . . .

ADVISORY OPINION TO GOVERNOR, 152 Fla. 686 (Fla. 1943)

. . . Section 461, C.G.L., now Section 114.01 Florida Statutes 1941, defines vacancies in office, and Section . . .