Florida Statutes
Fla. Stat. § 97.0115 (2025)
Preemption.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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97.0115 Preemption.—All matters set forth in chapters 97-105 are preempted to the state, except as otherwise specifically authorized by state or federal law. The conduct of municipal elections shall be governed by s. 100.3605.
Notes of Decisions
Cited in 5
cases, 2016–2019 · leading case: Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019).
Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). “The Fifth District held that section 97.0115, Florida Statutes, expressly preempts the Orange County ordinance requiring nonpartisan elections for county constitutional officers.”
Orange Cnty. v. Singh, 230 So. 3d 639 (Fla. 5th DCA 2017). “§ 97.0115, Fla. Stat. (2010); see also Jackson v.”
Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). “Subsequent to the Sarasota Alliance decision, the Florida Legislature preempted all matters in Chapters 97 through 105, except as specifically authorized by state or federal law.”
Jackson v. Leon Cnty. Elections Canvassing Bd., 204 So. 3d 571 (Fla. 1st DCA 2016). “§ 97.0115, Fla. Stat. (2016) (“All matters set forth in chapters 97-105 are preempted to the state, except as otherwise specifically authorized by state pr federal law.”
Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). “Whether the county constitutional officers must stand for election in partisan or nonpartisan elections is not a matter set forth in the Florida Election Code and is, therefore, not preempted. -6- Article VIII, section 1(d), provides for the election of county constitutional…”
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