Florida Statutes
Fla. Stat. § 80.01 (2025)
Quo warranto; refusal of Attorney General to institute.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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80.01 Quo warranto; refusal of Attorney General to institute.—Any person claiming title to an office which is exercised by another has the right, on refusal by the Attorney General to commence an action in the name of the state upon the claimant’s relation, or on the Attorney General’s refusal to file a petition setting forth the claimant’s name as the person rightfully entitled to the office, to file an action in the name of the state against the person exercising the office, setting up his or her own claim. The court shall determine the right of the claimant to the office, if the claimant so desires. No person shall be adjudged entitled to hold an office except upon full proof of the person’s title to the office in any action of this character.
History.—s. 2, ch. 1874, 1872; RS 1782; GS 2259; RGS 3582; CGL 5447; s. 30, ch. 67-254; s. 419, ch. 95-147.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1958–2025 · leading case: Fouts v. Bolay, 795 So. 2d 1116 (Fla. 5th DCA 2001).
Fouts v. Bolay, 795 So. 2d 1116 (Fla. 5th DCA 2001). “Section 80.01 of the Florida Statutes (1999) authorizes the pursuit of quo warranto relief but has been construed to require the person filing the writ to “not only to demonstrate by his allegations and proof that respondent was not elected, but that [petitioner] himself was the…”
Butterworth v. Espey, 523 So. 2d 1278 (Fla. 2d DCA 1988). “As to (1), we affirm the dismissal of the amended complaint as brought by the individual appellants. Even if, as those appellants argue, the Attorney General refused to bring the suit, those appellants are not entitled to bring the suit unless they claim entitlement to the…”
State Ex Rel. Christian v. Austin, 302 So. 2d 811 (Fla. 1st DCA 1974). “559 (1951) (Footnotes omitted). In their briefs and during oral arguments Respondents conceded that notwithstanding the language of Rule 4.”
Bailey v. Laurie, DeSantis (Fla. 1st DCA 2025). “See § 80.01, Fla. Stat. (“Any person claiming title to an office which is exercised by another has the right, on refusal by the Attorney General to commence an action in the name of the state upon the claimant’s relation, or on the Attorney General’s refusal to file a petition…”
Washington Cnty. Kennel Club, Inc. v. State ex rel. Ward, 107 So. 2d 176 (Fla. 1st DCA 1958). “* M-- * ” Section 80.01, Florida Statutes, F.S.A., provides: “Any person claiming title to an office which is exercised by another shall have the right, upon refusal by the attorney general to institute proceedings in the name of the state upon such claimant’s relation, or upon…”
Baillie v. Walker, 30 Fla. Supp. 113 (Fla. Cir. Ct., Miami-Dade Cty. 1968). “Plaintiff seeks a determination that he is the rightful owner and occupant of such public office, by reason of the disqualification of defendant. Quo warranto, or a proceeding in the nature thereof, provides an appropriate and adequate remedy to determine the right of an…”
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