Florida Statute 22.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 22
EMERGENCY CONTINUITY OF GOVERNMENT

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F.S. 22.03

22.03 Definitions.—Unless otherwise clearly required by the context, as used in ss. 22.01-22.10:

(1) “Attack” means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes.

(2) “Emergency interim successor” means a person designated pursuant to ss. 22.01-22.10, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.

(3) “Office” includes all state and local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances, except the office of Governor and the Legislature.

(4) “Political subdivision” includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.

(5) “Unavailable” means either that a vacancy in office exists or that the lawful incumbent of the office is absent or unable to exercise the powers and discharge the duties of the office.

History.—s. 3, ch. 59-447; s. 9, ch. 2023-8.

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Amendments to 22.03

Annotations, Discussions, Cases:

Cases Citing Statute 22.03

Total Results: 32

United States v. Robert Blackman, Marvin Hinsey, Kenny Thompson, Salathiel Calvin Thompson

66 F.3d 1572, 43 Fed. R. Serv. 211, 1995 U.S. App. LEXIS 29772, 1995 WL 584712

Court of Appeals for the Eleventh Circuit | Filed: Oct 20, 1995 | Docket: 850936

Cited 85 times | Published

1981);7 2 John Wesley Hall, Jr., Search and Seizure § 22:3 at p. 87 (2d ed. 1993). Strictly speaking, this

Occhicone v. State

570 So. 2d 902, 1990 WL 154228

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 405418

Cited 67 times | Published

(1961). According to 4 S. Gard, Jones on Evidence, § 22:3, at 10 (6th ed. 1972), "[t]he more recent authorities

Sherry Ross v. Jefferson County Department of Health

701 F.3d 655, 27 Am. Disabilities Cas. (BNA) 1, 2012 U.S. App. LEXIS 23485, 116 Fair Empl. Prac. Cas. (BNA) 930, 2012 WL 5519095

Court of Appeals for the Eleventh Circuit | Filed: Nov 15, 2012 | Docket: 594970

Cited 47 times | Published

is headed by the Health Officer, id. § 22-3-2(5), who is defined by statute as a state officer

Anderson v. State

276 So. 2d 17

Supreme Court of Florida | Filed: Mar 28, 1973 | Docket: 334427

Cited 22 times | Published

979, 82 S.Ct. 485, 7 L.Ed.2d 440; South Dakota, § 22-3-1(4), S.D.Compiled Laws 1967; Tennessee, Spurlock

Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.

550 F.3d 1035, 61 Collier Bankr. Cas. 2d 292, 2008 U.S. App. LEXIS 24326, 50 Bankr. Ct. Dec. (CRR) 254, 2008 WL 5069824

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 2008 | Docket: 65658828

Cited 17 times | Published

L. Norton III, Norton Bankruptcy Law & Practice § 22:3 (3d ed. 2008) (“Like the three-petitioner requirement

In Re Grubbs Construction Co.

319 B.R. 698, 55 U.C.C. Rep. Serv. 2d (West) 501, 18 Fla. L. Weekly Fed. B 75, 2005 Bankr. LEXIS 19, 2005 WL 56972

United States Bankruptcy Court, M.D. Florida | Filed: Jan 7, 2005 | Docket: 1062830

Cited 17 times | Published

Code." White & Summers, Uniform Commercial Code § 22-3, at 760 (West 1972 edition)("White & Summers 1972

Silverman v. Millner

514 So. 2d 77, 12 Fla. L. Weekly 2482

District Court of Appeal of Florida | Filed: Oct 27, 1987 | Docket: 1749020

Cited 15 times | Published

in Trawick's Florida Practice and Procedure, section 22-3, note 5, (1986 ed.), discusses this new requisite

Edwards v. California Chemical Company

245 So. 2d 259

District Court of Appeal of Florida | Filed: Feb 19, 1971 | Docket: 1356619

Cited 15 times | Published

F.S.A. [2] See 30 Fla.Jur., Summary Judgment, § 22. [3] 76 A.L.R.2d 16; Tampa Drug Co. v. Wait, Fla

Equilease Corp. v. AAA MacHine Co. (In Re AAA MacHine Co.)

30 B.R. 323, 36 U.C.C. Rep. Serv. (West) 287, 1983 Bankr. LEXIS 6126

United States Bankruptcy Court, S.D. Florida. | Filed: May 27, 1983 | Docket: 1393864

Cited 14 times | Published

White and R. Summers, Uniform Commercial Code, § 22-3 at 881 (2d Ed.1980) states that: "If at the end

Hershey v. Keyes Company

209 So. 2d 240

District Court of Appeal of Florida | Filed: Feb 27, 1968 | Docket: 1310818

Cited 13 times | Published

Quinn v. Phipps, supra; 5 Fla.Jur., Brokers, § 22; 3 F.L.P., Brokers and Brokerage, § 5. As so eloquently

MacIas v. State

515 So. 2d 206, 12 Fla. L. Weekly 553

Supreme Court of Florida | Filed: Nov 5, 1987 | Docket: 1749258

Cited 11 times | Published

(1961). According to 4 S. Gard, Jones on Evidence, § 22:3, at 10 (6th ed. 1972), "[t]he more recent authorities

Walker v. Federal Land Bank of Columbia

468 F. Supp. 831, 20 Collier Bankr. Cas. 683, 20 Collier Bankr. Cas. 2d 683, 1979 U.S. Dist. LEXIS 12895, 5 Bankr. Ct. Dec. (CRR) 281

District Court, M.D. Florida | Filed: Apr 20, 1979 | Docket: 1381715

Cited 11 times | Published

commission of the act of bankruptcy. 11 U.S.C. § 22. [3] (23) "Persons" shall include corporations, except

Bankers Trust Co. v. Seidle (In Re Airlift International Inc.)

70 B.R. 935

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 25, 1987 | Docket: 1507418

Cited 6 times | Published

Handbook of the Law under the Uniform Commercial Code § 22-3 (2nd ed. 1980) ("White & Summers"). More recent

In Re Chisholm

54 B.R. 52, 42 U.C.C. Rep. Serv. (West) 593, 1985 Bankr. LEXIS 5355

United States Bankruptcy Court, M.D. Florida | Filed: Sep 10, 1985 | Docket: 1765425

Cited 4 times | Published

and Summers, Uniform Commercial Code 2d edition, § 22-3 (1980). In the case at hand, A & B as lessee was

Belvedere Dev. Corp. v. DIV. OF ADMIN., ETC.

413 So. 2d 847

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 1344543

Cited 3 times | Published

recounted in Maloney, Plager & Baldwin, Water Law, § 22.3. Because of the dubious effect of said legislative

Advisory Opinion to Gov. Request of July 12, 1976

336 So. 2d 97, 1976 Fla. LEXIS 4450

Supreme Court of Florida | Filed: Jul 30, 1976 | Docket: 1378749

Cited 3 times | Published

Consolidated City of Jacksonville (Section 22.03, Chap. 67-1320, Laws

Estate of Michelle Evette McCall v. United States

134 So. 3d 894, 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933

Supreme Court of Florida | Filed: Mar 13, 2014 | Docket: 402403

Cited 1 times | Published

the right to trial by jury under article I, section 22; (3) the right of access to the courts under article

Estate of Michelle Evette McCall v. United States

642 F.3d 944, 2011 U.S. App. LEXIS 10705, 2011 WL 2084069

Court of Appeals for the Eleventh Circuit | Filed: May 27, 2011 | Docket: 1778405

Cited 1 times | Published

(2) the right to trial by jury under Article I, § 22; (3) the right of access to the courts under Article

Dorsey v. State

806 So. 2d 559, 2002 WL 54522

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 2533868

Cited 1 times | Published

Wayne R. LaFave et al., 5 Criminal Procedure 2d Ed. § 22.3(D)(1999)(observing that the thinking in Wright

State v. Menna

793 So. 2d 1029, 2001 WL 788001

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1677951

Cited 1 times | Published

(1961). According to 4 S. Gard, Jones on Evidence, § 22:3, at 10 (6th ed.1972), "[t]he more recent authorities

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265, 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

District Court, M.D. Florida | Filed: Oct 4, 2016 | Docket: 64310852

Published

remedy provision. (Doc. 52, p. 14 (citing Ind. Stat. § 22-3-2-6).) In support, Clean Fuels relies on Plath

William R. Crews v. State of Florida

183 So. 3d 329, 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535

Supreme Court of Florida | Filed: Nov 25, 2015 | Docket: 3015983

Published

persons authorized to perform duties of the office); § 22.03(3) ("office" includes state and local offices with

Joe Taylor v. City of Gadsden

Court of Appeals for the Eleventh Circuit | Filed: Sep 16, 2014 | Docket: 1272931

Published

Ala. Const. art. I § 22. 3 Case:

Sherry Ross v. Jefferson County Department of Health

Court of Appeals for the Eleventh Circuit | Filed: Nov 15, 2012 | Docket: 2903796

Published

Department is headed by the Health Officer, id. § 22-3-2(5), who is defined by statute as a state officer

Sherry Ross v. Jefferson County Department of Health

Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 2012 | Docket: 2903991

Published

the public with goods are sanitary. Ala. Code § 22-3-2(1)–(4). Although state law vests the county

Sherry Ross v. Jefferson County Department of Health

Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 2012 | Docket: 878315

Published

the public with goods are sanitary. Ala. Code § 22-3-2(1)–(4). Although state law vests the county

Estate of Michelle Evette McCall v. United States

Court of Appeals for the Eleventh Circuit | Filed: May 27, 2011 | Docket: 1357517

Published

7 right to trial by jury under Article I, § 22; (3) the right of access to the courts under Article

In Re Trusted Net Media Holdings, LLC

525 F.3d 1095

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 2008 | Docket: 362719

Published

L. Norton III, Norton Bankruptcy Law & Practice § 22:3 (3d ed. 2008) ("Like the three-petitioner requirement

Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.

525 F.3d 1095, 59 Collier Bankr. Cas. 2d 922, 2008 U.S. App. LEXIS 8729, 49 Bankr. Ct. Dec. (CRR) 244, 2008 WL 1816396

Court of Appeals for the Eleventh Circuit | Filed: Apr 23, 2008 | Docket: 1578660

Published

L. Norton III, Norton Bankruptcy Law & Practice § 22:3 (3d ed. 2008) ("Like the three-petitioner requirement

Shipston Associates v. Esselte Pendaflex Corp.

74 F.3d 1126, 1996 WL 30573

Court of Appeals for the Eleventh Circuit | Filed: Feb 12, 1996 | Docket: 2034163

Published

a below-market rate. 3 Ignoring section 22.3 of the lease, Esselte communicated an offer

Belvedere Development Corp. v. Division of Administration, State Department of Transportation

413 So. 2d 847, 1982 Fla. App. LEXIS 20670

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 64589867

Published

recounted in Maloney, Plager & Baldwin, Water Law, § 22.3. Because of the dubious effect of said legislative

Vieira v. Slaughter

318 So. 2d 490, 1975 Fla. App. LEXIS 15207

District Court of Appeal of Florida | Filed: Jun 20, 1975 | Docket: 64549036

Published

date of this charter, except as provided in section 22.03, and such term of office shall end on June 30