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Florida Statute 22.02 - Full Text and Legal Analysis Florida Statute 22.02 | Lawyer Caselaw & Research
Fla. Stat. § 22.02 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
22.02 Declaration of policy.Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of its political subdivisions, in the event the incumbents thereof are unavailable to perform the duties and functions of such offices.
History.s. 2, ch. 59-447.

Cases Citing F.S. 22.02

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·United States v. Palomino Garcia, 606 F.3d 1317 (11th Cir. 2010).

Cited 149 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 10380, 2010 WL 2011038

...commits an offense if he commits assault . . . if he . . . causes bodily injury to a peace officer in the lawful discharge of official duty when he knows or has been informed the person assaulted is a peace officer.’” Fierro-Reyna, 466 F.3d at 326 (quoting Tex. Penal Code § 22.02(a)(2) (1974))....
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Abrogated(citing case) (2019)
phrase: "abrogated by"
Cited "but see"(citing case) (2019)
phrase: "but see"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
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·Fla. Med. Ass'n v. Dept. of Prof. Reg., 426 So. 2d 1112 (Fla. 1st DCA 1983).

Cited 22 times | Published | Florida 1st District Court of Appeal

...Noting that the Data Processing bi-partite test was not binding on it, the Rhode Island court observed that it has been "severely criticized by those favoring the single `injury in fact' test." Id., 317 A.2d at 128. Support for this view is borne out by Davis, Administrative Law Treatise, § 22.02-11 (1982 Supp.), "The `Zone' Test," page 347: "Is the `zone' test the law? The best answer is: Sometimes it is but most of the time it is not, and a criterion for determining when it is the law is completely absent." [10] The Singleton court...
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Cited as authority(citing case) (2009)
phrase: "rule_authority"
Cited as authorityLanoue (1999)
phrase: "rule_authority"
Cited as authorityReiff (1998)
phrase: "rule_authority"
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·In Re Will of Martell, 457 So. 2d 1064 (Fla. 2d DCA 1984).

Cited 15 times | Published | Florida 2nd District Court of Appeal

conclusion upon the subsequent provision contained in Section 22[2] of said chapter that "any adoption made before
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Cited as authorityWeingrad (2010)
phrase: "rule_authority"
Cited as authorityCarralero (2008)
phrase: "rule_authority"
Cited as authority(citing case) (2008)
phrase: "rule_authority"
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·Tillman v. State, 934 So. 2d 1263 (Fla. 2006).

Cited 56 times | Published | Supreme Court of Florida | 2006 WL 1837903

...vated assault. See, e.g., Ariz.Rev. Stat. Ann. § 13-1204 (2001 & Supp.2005); Ark.Code Ann. § 5-13-202 (West 2006); Minn.Stat. § 609.2231 (2006); Miss.Code Ann. § 97-3-7 (2000 & Supp.2005); N.C. Gen.Stat. §§ 14-34.2 (2005); Tex. Penal Code Ann. § 22.02 (Vernon 2003 & Supp.2005); Del.Code Ann....
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Superseded(citing case) (2024)
phrase: "superseded by"
Superseded(citing case) (2024)
phrase: "superseded by"
Superseded(citing case) (2013)
phrase: "superseded by"
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·Bennett v. Cont'l Chemicals, Inc., 492 So. 2d 724 (Fla. 1st DCA 1986).

Cited 22 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1587, 1986 Fla. App. LEXIS 8951

Florida Practice and Procedure, 1980 Edition section 22-2, which succinctly encapsulates the basis for
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DisapprovedTeelucksingh (2009)
phrase: "disapproving"
Receded fromO'Neal (2008)
phrase: "receded from"
Cited as authorityCiprian-Escapa (2015)
phrase: "rule_authority"
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·Walker v. Fed. Land Bank of Columbia, 468 F. Supp. 831 (M.D. Fla. 1979).

Cited 11 times | Published | District Court, M.D. Florida | 20 Collier Bankr. Cas. 683, 20 Collier Bankr. Cas. 2d 683, 1979 U.S. Dist. LEXIS 12895, 5 Bankr. Ct. Dec. (CRR) 281

under Section 4 of the Bankruptcy Act, 11 U.S.C. § 22;[2] (2) is not a corporation; and (3) is a legal or
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Cited as authorityIn re Maidman (1980)
phrase: "rule_authority"
Cited as authorityIn Re Treasure Island Land Trust (1980)
phrase: "rule_authority"
Cited as authority(citing case) (1979)
phrase: "rule_authority"
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·Soler v. Secondary Holdings, Inc., 771 So. 2d 62 (Fla. 3d DCA 2000).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1580838

Jr., Trawick's Florida Practice and Procedure § 22-2; Bruce J. Berman, Florida Civil Procedure ¶ 440
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Cited as authorityNaugle (2012)
phrase: "rule_authority"
Cited as authorityCohen (2012)
phrase: "rule_authority"
Cited as authorityNaugle (2012)
phrase: "rule_authority"
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·Husky Rose, Inc. v. Allstate Ins. Co., 19 So. 3d 1085 (Fla. 4th DCA 2009).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14922, 2009 WL 3189181

...This is not the same type of anti-waiver clause as was found in Rybovich Boat Works, Inc. v. Atkins, 587 So.2d 519 (Fla. 4th DCA 1991), which prohibited any waiver of contract terms unless in writing. The waiver provision in this case contains no such prohibition. More applicable to these facts is section 22.02 of the lease which prohibits oral agreements to modify its terms....
...e binding upon the Landlord or Tenant unless reduced to writing and signed by them. The agreement of the tenant and Ginsburg not to comply with the insurance provision until policy renewal constitutes an oral understanding which is inconsistent with section 22.02....
...Either one of those factors might be proved from the facts set forth in Eremian's affidavit and Ginsburg's deposition. The issue, however, was not addressed in the trial court. Material issues of fact remain as to whether a waiver occurred and whether section 22.02 applies....
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Cited as authorityHerman (2017)
phrase: "rule_authority"
Cited as authority(citing case) (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·Keenan Hopkins Schmidt & Stowell Contractors, Inc. v. Cont'l Cas. Co., 653 F. Supp. 2d 1255 (M.D. Fla. 2009).

Cited 3 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 78278

effective date of the endorsements. Couch on Insurance § 22:2. Because the Deductible Endorsement only applies
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2017)
phrase: "rule_authority"
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·Cmty. State Bank v. Strong, 651 F.3d 1241 (11th Cir. 2007).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2011 WL 3715769

Larry E. Edmondson, Domke On Commercial Arbitration § 22:2 (3d ed.2003) (citing Whiteside v. Teltech Corp
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Cited as authority(citing case) (2015)
phrase: "rule_authority"
Cited as authorityAllen (2014)
phrase: "rule_authority"
Cited as authority(citing case) (2013)
phrase: "rule_authority"
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·Flexiteek Americas, Inc. v. Plasteak, Inc., 626 F. Supp. 2d 1251 (S.D. Fla. 2009).

Cited 2 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 49635, 2009 WL 1674792

...The true and original inventor must be named in the application for a patent and, absent some effective transfer or obligation to assign the patent rights, the original inventor owns the right to obtain the patent." University Patents, Inc. v. Kligman, 762 F.Supp. 1212, 1218-19 (E.D.Pa.1991) (citing D. Chisum, Patents § 22.02 (1990))....
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Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·McKinney v. Weeks, 130 So. 2d 310 (Fla. 2d DCA 1961).

Cited 3 times | Published | Florida 2nd District Court of Appeal

to adoption. The controlling statute, 1953 Comp. § 22-2-5, provided that "written consent to *314 the proposed
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Rehearing deniedScarpetta (1971)
phrase: "rehearing denied"
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·Don't Look Media LLC v. Fly Victor Ltd. (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

Reciprocity. DLM also relies on the Section 22.2 clause, which it claims is somewhat inconsistent
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Cited as authority(citing case) (2026)
phrase: "rule_authority"
Cited as authorityStefansson (2026)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
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·Cmty. State Bank v. Strong, 485 F.3d 597 (11th Cir. 2007).

Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 9577, 2007 WL 1225343

Larry E. Edmondson, Domke On Commercial Arbitration § 22:2 (3d ed.2003) (citing Whiteside v. Teltech Corp
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Cited as authorityCobb (2021)
phrase: "rule_authority"
Cited as authorityStrong (2011)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·Jaguar Cars Ltd. v. Skandrani, 771 F. Supp. 1178 (S.D. Fla. 1991).

Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 11449, 1991 WL 144076

” J. McCarthy, Trademarks & Unfair Competition, § 22:2 at 25 (2d Ed.1984); see also Geoffrey, Inc., slip
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Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2001)
phrase: "rule_authority"
Cited as authorityFrehling (1999)
phrase: "rule_authority"
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·Vieira v. Slaughter, 318 So. 2d 490 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15207

...“ARTICLE 22 TRANSITION AND EFFECTIVE DATE. Section 22.01. Initial Election ■ . . Officers elected at such initial election shall begin their term of office on the effective date of this charter, except as provided in section 22.03, and such term of office shall end on June 30, 1971. Section 22.02....
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FollowedMartinez (2017)
phrase: "followed by"
Cited as authorityDavis (2009)
phrase: "rule_authority"
Cert. deniedAgo (2008)
phrase: "cert. denied"
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United States v. Luis Palomino Garcia (11th Cir. 2010).

Published | Court of Appeals for the Eleventh Circuit

...commits an offense if he commits assault . . . if he . . . causes bodily injury to a peace officer in the lawful discharge of official duty when he knows or has been informed the person assaulted is a peace officer.’” Fierro-Reyna, 466 F.3d at 326 (quoting Tex. Penal Code § 22.02(a)(2) (1974))....
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Ocean Bank v. Garcia-Villalta, 141 So. 3d 256 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 WL 2965412, 2014 Fla. App. LEXIS 10171

(quoting Trawick’s Florida Practice and Procedure § 22-2 (1980 ed.))). Second, when both parties appeared
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Vice City Marina LLC v. The Four Ambassadors Master Ass'n, Inc., Etc. (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

hereby submits the fee title to [Unit 5- 4 Section 22.2 of the Declaration of Condominium provides the
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Ago (Fla. Att'y Gen. 1992).

Published | Florida Attorney General Reports

Legislature in the matter of amendments). 6 Section 22.02(2), Art. 22, of the Jacksonville City Charter
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Yashica Robinson v. Planned Parenthood Se. Inc. (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

orders constitutes a misdemeanor. See Ala. Code § 22-2-14. The plaintiffs—Dr. Yashica Robinson

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.