The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 114
VACATING OFFICE

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F.S. 114.04

114.04 Filling vacancies.—Except as otherwise provided in the State Constitution, the Governor shall fill by appointment any vacancy in a state, district, or county office, other than a member or officer of the Legislature, for the remainder of the term of an appointive officer and for the remainder of the term of an elective office, if there is less than 28 months remaining in the term; otherwise, until the first Tuesday after the first Monday following the next general election. With respect to any office which requires confirmation by the Senate, the person so appointed may hold an ad interim term of office subject to the provisions of s. 114.05. Each secretary or division director of a department of the executive branch, or the State Surgeon General, who is required by law to be appointed by the Governor and confirmed by the Senate shall serve at the pleasure of the Governor, unless otherwise provided by law, and the appointment of such person shall run concurrently with the term of the Governor making the appointment. In the event a Governor is elected to a second term of office pursuant to s. 5, Art. IV of the State Constitution, each secretary or division director, or the State Surgeon General, so appointed shall be reappointed or, at the discretion of the Governor, replaced by a new appointee. Reappointments to the same office shall be subject to confirmation by the Senate as provided in s. 114.05.

History.—s. 2, ch. 1633, 1868; RS 217; GS 301; RGS 399; CGL 464; s. 1, ch. 70-385; s. 2, ch. 77-235; s. 68, ch. 79-400; s. 8, ch. 2008-6.

F.S. 114.04 on Google Scholar

F.S. 114.04 on Casetext

Amendments to 114.04

Arrestable Offenses / Crimes under Fla. Stat. 114.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 114.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SOUTHERN COMMUNICATIONS SERVICES, INC. d. b. a. LINC v. THOMAS,, 720 F.3d 1352 (11th Cir. 2013)

. . . $85.96 "offset credit” to Thomas's account at this point, bringing Thomas’s actual payment down to $114.04 . . .

In LUEDTKE, v., 429 B.R. 241 (Bankr. N.D. Ind. 2010)

. . . Instruction Number 3.13, 1.17, 1.03, 7.05, 9.01, 4.02, 1.09, 114.10, 114.06, 114.08, 114.07, 114.09, 114.04 . . .

In BROAD ASSOCIATES LIMITED PARTNERSHIP,, 125 B.R. 707 (Bankr. D. Conn. 1991)

. . . Article IV, 114.04; Article VI, 116.03 Class 5 consists of the debtor’s general partners who will receive . . .

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

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

C. BIENEMAN, v. CITY OF CHICAGO,, 864 F.2d 463 (7th Cir. 1988)

. . . Similarly, § 114.04 of the Wisconsin Statutes cannot be invoked to make unlawful flights which are in . . .

ROTH STEEL TUBE COMPANY, v. COMMISSIONER OF INTERNAL REVENUE,, 800 F.2d 625 (6th Cir. 1986)

. . . Eustice, Federal Income Taxation of Corporations and Shareholders 114.04, at 4-10 to 11 (1979) (hereinafter . . .

RAY MARTIN PAINTING, INC. v. AMERON, INC., 638 F. Supp. 768 (D. Kan. 1986)

. . . Smith, The Law of Product Warranties 114.04[2], at 4-40 (1984). . . .

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)

. . . 2 942 Block Group 3 (part) Blocks 301-308 373 Blocks 313-324 2,730 Block Group 9 2,106 Census Tract 114.04 . . .

UNITED STATES v. PHILLIPS Jr. UNITED STATES v. MEINSTER, a k a a k a Jr. a k a, 664 F.2d 971 (5th Cir. 1981)

. . . Moore, Moore’s Federal Practice 114.04[1], at 14-15 (2d ed. 1968), vacated in part on other grounds, . . .

UNITED STATES v. STIRLING, Jr. G. M. J. L., 571 F.2d 708 (2d Cir. 1978)

. . . Corr, 543 F.2d 1042, 1052 (2d Cir. 1976); 8 Moore’s Federal Practice 114.04[1], at 14-14.2 to 14-15 ( . . .

LUEDTKE v. COUNTY OF MILWAUKEE, 521 F.2d 387 (7th Cir. 1975)

. . . In addition, the plaintiffs charge that the defendants have violated § 114.04 of the Wisconsin Statutes . . . plaintiffs’ claims charge both defendants with common law nuisance and negligence and violation of § 114.04 . . . Similarly, § 114.04 of the Wisconsin Statutes cannot be invoked to make unlawful flights which are in . . .

In ADVISORY OPINION OF GOVERNOR, TERM OF APPOINTMENTS FOR GOVERNOR, 306 So. 2d 509 (Fla. 1975)

. . . Section 114.04, Florida Statutes, specifically provides in pertinent part: “Filling vacancies. — In all . . . This Department, therefore, is different from those defined in Section 114.04, Florida Statutes, and . . . where statute requires reappointment (or replacement at the discretion of the Governor), i. e., F.S. 114.04 . . .

LUEDTKE v. COUNTY OF MILWAUKEE, a, 371 F. Supp. 1040 (E.D. Wis. 1974)

. . . allegations, the plaintiffs charge the defendants with negligence, creation of a nuisance, and violation of § 114.04 . . . the purported causes of action for common law negligence and nuisance as well as the violation of § 114.04 . . .

In ADVISORY OPINION TO GOVERNOR, 247 So. 2d 428 (Fla. 1971)

. . . the Florida Legislature enacted Chapter 70-395 [70-385], Laws of Florida, which provides in part : “‘114.04 . . . 33.03, but was proceeding under the powers granted by Article IV, Section 7, as limited by Section 114.04 . . . it must be held that the commission of the respondent was properly limited, as provided by Section 114.04 . . . Chapter 70-385, Laws of Florida, amended Fla.Stat. § 114.04, F.S.A., so that the following words in old . . . § 114.04, “[I]n cases requiring the confirmation or the advice and consent of the senate, the person . . .

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

. . . Section 114.04, provides: “114.04 Filling vacancies. . . . Section 114.04, F.S.A., is applicable, as it is here, the appointee to fill the vacancy only receives . . . Section 114.04, F.S.A., is applicable. . . .

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

. . . sixty-day period the office was abandoned by him and the Governor was authorized by Florida Statute 114.04 . . . Constitution of Florida, F.S.A., does not apply in this case because it has been implemented by F.S. 114.04 . . .

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

. . . Chapter 114.04, F.S.A. disturbs me because under Section 15, Article V of our Constitution it is provided . . . Second, in Section 114.04 it prescribes the mode, of filling all offices which shall have fallen vacant . . . The pertinent sections of this chapter, Sections 114.01 and 114.04, were adopted in 1868 (ch. 1633) and . . . They are therefore subject to being filled under the authority of Section 114.04 which reads: “In all . . . The fact is that the clear-cut provisions of Section 114.04 and Section 14, Article XVI, Fla. . . . Section 114.04, Florida Statutes, F.S.A., authorizes the Governor to fill such vacancy and it further . . .

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

. . . [F.S.A.] contains a flexible provision in Section 114.04, which indicates the instances detailed in Section . . . Such Section 114.04 provides that in all cases such as listed in Section 114.01 and in all other cases . . . Florida Statutes 1955, F.S.A., provides the circumstances under which an office becomes vacant and Sec. 114.04 . . . effect of the language “and in all other cases in which a vacancy may occur * * * ” contained in F.S. § 114.04 . . . State for filling such vacancy * * *. ” We have held that under this section, as implemented by F.S. § 114.04 . . .

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

. . . hold the office “until the same [should] be filled by an election as provided by law * * *_» Section 114.04 . . .

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

. . . provisions of Section 7 of Article IV of the Constitution, F.S.A., as limited and defined by Section 114.04 . . . fill a vacancy shall be “for the unexpired term” may not be applied in the instant case, since Section 114.04 . . . 33.03, but was proceeding under the powers granted by Article IV, Section 7, as limited by Section 114.04 . . . it must be held that the commission of the respondent was properly limited, as provided by Section 114.04 . . .

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

. . . Section 114.01 Florida Statutes 1941, defines vacancies in office, and Section 464 C.G.L., now Section 114.04 . . .