Florida Statutes

Fla. Stat. § 34.021 (2025)

Qualifications of county court judges.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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34.021 Qualifications of county court judges.—

(1) No person is eligible for election or appointment to the office of county court judge unless the person is, and has been for the preceding 5 years, a member in good standing of the bar of Florida prior to qualifying for election to such office or submitting his or her name to the appropriate judicial nominating commission for appointment. However, a person is eligible for election or appointment to the office of county court judge in a county having a population of 40,000 or less if he or she is a member in good standing of the bar of Florida.

(2) A county court judge is eligible to seek reelection or retention, notwithstanding the provisions of subsection (1), if, on the first day of the qualification period for election to such office or a retention vote, such judge is actively serving in such office and is not under suspension or disqualification.

(3) Any person who was a county court judge prior to July 1, 1978, in any county having a population of 40,000 or less, according to the last decennial census, and who has successfully completed a 3-year law training program approved by the Supreme Court for the training of county court judges who are not members of The Florida Bar is eligible to seek election or retention and to serve as a county court judge in any county having a population of 40,000 or less, the provisions of subsection (1) to the contrary notwithstanding.

(4) Any county judge who is not a member of the bar, in any county having a population of 40,000 or less, according to the last decennial census, and who has successfully completed a law training program approved by the Supreme Court for the training of county court judges who are not members of The Florida Bar is entitled to serve as a county court judge in any county encompassed in the circuit in which the judge has been elected or retained in a retention vote, when assigned thereto.

History.—s. 10, ch. 72-404; s. 1, ch. 78-346; s. 1, ch. 79-411; s. 1, ch. 83-166; s. 1, ch. 84-303; s. 194, ch. 95-147; s. 1, ch. 99-355.

Notes of Decisions

Cited in 4 cases, 1977–2000 · leading case: Treiman v. State Ex Rel. Miner, 343 So. 2d 819 (Fla. 1977).

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Treiman v. State Ex Rel. Miner, 343 So. 2d 819 (Fla. 1977). · cites it 4× “" A second group, covered under Article V, Section 20(c)(11), consists of judges who hold office in counties of fewer than 40,000 people: "(c) After this article becomes effective, and until changed by general law consistent with sections 1 through 19 of this article: (11) A…”

Newman v. State, 602 So. 2d 1351 (Fla. 3d DCA 1992). · cites it 12× “Edward Newman appeals an order of the trial court which held that section 34.021, Florida Statutes (1991), is constitutional.”

Miller v. Gross, 788 So. 2d 256 (Fla. 4th DCA 2000). · cites it 2× “Section 34.021(1), Florida Statutes (1999), makes it clear that the time for measuring the five-year bar membership is prior to qualifying for election: No person is eligible for election or appointment to the office of county court judge unless the person is, and has been for…”

Damron v. Wehausen, 435 So. 2d 416 (Fla. 5th DCA 1983). · cites it 10× “Subsection (2) of section 34.021 contains no limitation or qualification as to county population.”

— 34.021(1) — 1 case

Miller v. Gross, 788 So. 2d 256 (Fla. 4th DCA 2000). “Section 34.021(1), Florida Statutes (1999), makes it clear that the time for measuring the five-year bar membership is prior to qualifying for election: No person is eligible for election or appointment to the office of county court judge unless the person is, and has been for…”

— 34.021(2) — 1 case

Damron v. Wehausen, 435 So. 2d 416 (Fla. 5th DCA 1983). “Subsection (2) of section 34.021 contains no limitation or qualification as to county population.”

— 34.021(3) — 1 case

Damron v. Wehausen, 435 So. 2d 416 (Fla. 5th DCA 1983). “Subsection (2) of section 34.021 contains no limitation or qualification as to county population.”

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