Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 100.41 - Full Text and Legal Analysis
Florida Statute 100.041 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 100.041 Case Law from Google Scholar Google Search for Amendments to 100.041

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS
View Entire Chapter
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 CourtListener

Amendments to 100.041


Annotations, Discussions, Cases:

Cases Citing Statute 100.041

Total Results: 14

Solomon v. Liberty County, Fla.

957 F. Supp. 1522, 1997 U.S. Dist. LEXIS 4043, 1997 WL 154619

District Court, N.D. Florida | Filed: Mar 31, 1997 | Docket: 1148957

Cited 11 times | Published

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

Solomon v. Liberty County

899 F.2d 1012

Court of Appeals for the Eleventh Circuit | Filed: Apr 5, 1990 | Docket: 66252935

Cited 7 times | Published

VIII, § 1(e) (county commission); Fla.Stat. § 100.041(3) (1987) (school board). The county is divided

Perry v. State

846 So. 2d 584, 2003 WL 1969095

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 713266

Cited 4 times | Published

an elected official under Florida Statute section 100.041, remains "on duty" even though he is not physically

Orange County, Florida v. Rick Singh, etc.

268 So. 3d 668

Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958306

Cited 1 times | Published

weeks prior to the general election." Further, section 100.041(1), Florida Statutes (2018) (emphasis added)

Solomon v. Liberty County

865 F.2d 1566, 1988 WL 131939

Court of Appeals for the Eleventh Circuit | Filed: Dec 12, 1988 | Docket: 66241498

Cited 1 times | Published

art. 8, § 1(e) (county commission); Fla.Stat. § 100.041(3) (1987) (school board). Candidates run for the

Orange County, Florida v. Rick Singh, etc.

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498536

Published

we conclude to be in direct conflict with section 100.041, Florida Statutes (2018).

Rick Scott, in his official capacity as Governor of the State of Florida v. David P. Trotti, an individual

District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7520994

Published

exceeded the circuit court’s authority. 2 § 100.041(4), Fla. Stat. (2018). 3 Art. V, § 8, Fla

David P. Trotti v. Ken Detzner, Secretary of State

147 So. 3d 641

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1311479

Published

2015. See Art. V. § 10(b)(3)b., Fla. Const.; § 100.041(4), Fla. Stat. (2014). On April 2, 2014, the appellant

Ago

Florida Attorney General Reports | Filed: Sep 2, 2010 | Docket: 3258483

Published

time of the general election provided for in section 100.041, Florida Statutes. Moreover, as noted above

Citizens for Term Limits & Accountability, Inc. v. Lyons

995 So. 2d 1051, 2008 WL 4901370

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1684788

Published

general election on November 4, 2008. Pursuant to § 100.041, Fla. Stat., commissioners are deemed "elected"

Ago

Florida Attorney General Reports | Filed: Dec 19, 1985 | Docket: 3256874

Published

proper classification of certain offices. Section 100.041, F.S., formerly provided that the terms of

N.A.A.C.P. v. Gadsden County School Board

589 F. Supp. 953, 19 Educ. L. Rep. 524, 1984 U.S. Dist. LEXIS 18850

District Court, N.D. Florida | Filed: Mar 6, 1984 | Docket: 66163107

Published

required to receive a majority of the votes cast. Section 100.041(3)(b), Florida Statutes. The Court concludes

Ago

Florida Attorney General Reports | Filed: Jun 14, 1974 | Docket: 3258243

Published

Tuesday after the first Monday in January 1975. Section 100.041(1), F.S.; Art. V, s. 15, State Const., now

Colbath v. Adams

184 So. 2d 883, 1966 Fla. LEXIS 3812

Supreme Court of Florida | Filed: Apr 6, 1966 | Docket: 64496275

Published

election in November, 1966 pursuant to Florida Statute 100.041, F.S.A. The alternative writ issued and