The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS

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F.S. 100.041

100.041 Officers chosen at general election.—

(1) State senators shall be elected for terms of 4 years, those from odd-numbered districts in each year the number of which is a multiple of 4 and those from even-numbered districts in each even-numbered year the number of which is not a multiple of 4. Members of the House of Representatives shall be elected for terms of 2 years in each even-numbered year. In each county, a clerk of the circuit court, sheriff, superintendent of schools, property appraiser, and tax collector shall be chosen by the qualified electors at the general election in each year the number of which is a multiple of 4. The Governor and the administrative officers of the executive branch of the state shall be elected for terms of 4 years in each even-numbered year the number of which is not a multiple of 4. The terms of state offices other than the terms of members of the Legislature shall begin on the first Tuesday after the first Monday in January after said election. The term of office of each member of the Legislature shall begin upon election.

(2)(a) Except as provided in s. 124.011 relating to single member districts after decennial redistricting, each county commissioner from an odd-numbered district shall be elected at the general election in each year the number of which is a multiple of 4, for a 4-year term commencing on the second Tuesday following such election, and each county commissioner from an even-numbered district shall be elected at the general election in each even-numbered year the number of which is not a multiple of 4, for a 4-year term commencing on the second Tuesday following such election. A county commissioner is “elected” for purposes of this paragraph on the date that the county canvassing board certifies the results of the election pursuant to s. 102.151.

(b) Notwithstanding paragraph (a), the governing board of a charter county may provide by ordinance, to be approved by referendum, that the terms of its members shall commence on a date later than the second Tuesday following general elections, but in any case the date of commencement shall be uniform for all members and shall be no later than the first Tuesday after the first Monday in January following each member’s election.

(3)(a) School board members shall be elected at a general election for terms of 4 years. The term of office of a school board member and of a superintendent of schools shall begin on the second Tuesday following the general election in which such member or superintendent is elected.

(b) In each school district which has five school board members, the terms shall be arranged so that three members are elected at one general election and two members elected at the next ensuing general election.

(4) The term of office of each county and each district officer not otherwise provided by law shall commence on the first Tuesday after the first Monday in January following his or her election.

History.—s. 3, ch. 3879, 1889; RS 156; s. 3, ch. 4328, 1895; s. 2, ch. 4537, 1897; GS 172; s. 10, ch. 7838, 1919; RGS 217; CGL 252; s. 4, ch. 26870, 1951; s. 15, ch. 28156, 1953; s. 1, ch. 59-140; s. 1, ch. 63-479; s. 1, ch. 67-98; s. 1, ch. 67-510; s. 11, ch. 69-216; s. 1, ch. 69-300; (4) former s. 14, Art. XVIII of the State Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the State Constitution as revised in 1968; s. 1, ch. 73-47; s. 18, ch. 73-334; s. 1, ch. 77-102; s. 12, ch. 77-175; s. 1, ch. 78-321; s. 21, ch. 79-164; s. 14, ch. 85-226; s. 1, ch. 88-85; s. 14, ch. 89-338; s. 545, ch. 95-147; s. 11, ch. 98-129; s. 20, ch. 2007-30; s. 12, ch. 2022-73.

Note.—Former s. 98.05.

F.S. 100.041 on Google Scholar

F.S. 100.041 on Casetext

Amendments to 100.041

Arrestable Offenses / Crimes under Fla. Stat. 100.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 100.041.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ORANGE COUNTY, v. SINGH,, 268 So. 3d 668 (Fla. 2019)

. . . Further, section 100.041(1), Florida Statutes (2018) (emphasis added), lists the following offices, including . . . Section 100.041 states that "[i]n each county, a clerk of the circuit court, sheriff, superintendent . . . elections for county constitutional officers to be held during the primary election conflicts with section 100.041 . . . be held in each county ... to choose a successor to each elective ... county ... officer ...."); § 100.041 . . .

P. TROTTI, v. DETZNER,, 147 So. 3d 641 (Fla. Dist. Ct. App. 2014)

. . . .; § 100.041(4), Fla. Stat. (2014). . . .

CITIZENS FOR TERM LIMITS ACCOUNTABILITY, INC. a v. LYONS, A. a, 995 So. 2d 1051 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to § 100.041, Fla. . . .

PERRY, v. STATE, 846 So. 2d 584 (Fla. Dist. Ct. App. 2003)

. . . sheriff qualifies as a “supervising officer,” who, as an elected official under Florida Statute section 100.041 . . .

SOLOMON, v. LIBERTY COUNTY, FLORIDA,, 957 F. Supp. 1522 (N.D. Fla. 1997)

. . . . § 100.041(2) (West 1982 & Supp.1997) (county commission); Fla.Stat. § 100.041(3) (school board); Fla.Stat . . .

SOLOMON, v. LIBERTY COUNTY, FLORIDA, E. J. L. T. SOLOMON, v. LIBERTY COUNTY SCHOOL BOARD, FLORIDA, W. L., 899 F.2d 1012 (11th Cir. 1990)

. . . . § 100.041(3) (1987) (school board). . . . Id. § 100.041(2) (commission); Id. §§ 230.-08-.10 (school board). . . .

SOLOMON, v. LIBERTY COUNTY, FLORIDA, E. J. L. T. SOLOMON, v. LIBERTY COUNTY SCHOOL BOARD, FLORIDA, C. W. L., 865 F.2d 1566 (11th Cir. 1988)

. . . . § 100.041(3) (1987) (school board). . . . Const, art. 8, § 1(e) (county commission); Fla.Stat. § 100.041(2) (same); id. § 230.08-.10 (school board . . .

N. A. A. C. P. v. GADSDEN COUNTY SCHOOL BOARD,, 589 F. Supp. 953 (N.D. Fla. 1984)

. . . Sections 230.05, 100.031 and 100.041(3), Florida Statutes. . . . Section 100.041(3)(b), Florida Statutes. . . .

SCHRANK, v. BLISS,, 412 F. Supp. 28 (M.D. Fla. 1976)

. . . VIII, Sec. 1 (1968) and Fla.Stat., Sec. 100.041 (Supp.1973). . . .

N. COLBATH, Jr. v. ADAMS,, 184 So. 2d 883 (Fla. 1966)

. . . Fifteenth Circuit must be elected in a general election in November, 1966 pursuant to Florida Statute 100.041 . . .