Florida Statutes
Fla. Stat. § 100.041 (2025)
Officers chosen at general election.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 10
cases, 1984–2020 · 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). “Section 100.041 states that “[i]n 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.”
Solomon v. Liberty Cnty., Fla., 957 F. Supp. 1522 (N.D. Fla. 1997). “1997) (county commission); Fla.Stat. § 100.041(2) (West 1982 & Supp.”
Perry v. State, 846 So. 2d 584 (Fla. 4th DCA 2003). “According to the state, the sheriff qualifies as a "supervising officer," who, as an elected official under Florida Statute section 100.041, remains "on duty" even though he is not physically present at the jail.”
Solomon v. Liberty Cnty., 865 F.2d 1566 (11th Cir. 1988). “8, § 1(e) (county commission); Fla.Stat. § 100.041(2) (same); id. § 230.”
Citizens for Term Limits & Acct., Inc. v. Lyons, 995 So. 2d 1051 (Fla. 1st DCA 2008). “Pursuant to § 100.041, Fla. Stat., commissioners are deemed "elected" on the date that the county canvassing board certifies the result of the election, and their terms of office commence on the second Tuesday following the election.”
David P. Trotti v. Ken Detzner, Sec'y of State, 147 So. 3d 641 (Fla. 1st DCA 2014). “; § 100.041(4), Fla. Stat. (2014). On April 2, 2014, the appellant filed a Form DS-DE 9 with the Division of Elections (the Division) indicating his intention to run for election for the seat at issue.”
Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). “We quash the decision below and uphold the validity of the ordinance with the exception of the language we discuss below, which we conclude to be in direct conflict with section 100.041, Florida Statutes (2018).”
Rick Scott, in his Off. capacity as Governor of the State of Florida v. David P. Trotti, an individual (Fla. 1st DCA 2018). “2 § 100.041(4), Fla. Stat. (2018). 3 Art. V, § 8, Fla.”
Plate v. Pinellas Cnty. (M.D. Fla. 2020). “39 at 7-8; § 100.041(1), Fla. Stat. (“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 .”
N.A.A.C.P. v. Gadsden Cnty. Sch. Bd., 589 F. Supp. 953 (N.D. Fla. 1984). “The candidate from each member residence district receiving the highest number of votes cast in the general election is elected to the board and is not required to receive a majority of the votes cast.”
— 100.041(1) — 3 cases
Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). “Section 100.041 states that “[i]n 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.”
Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). “We quash the decision below and uphold the validity of the ordinance with the exception of the language we discuss below, which we conclude to be in direct conflict with section 100.041, Florida Statutes (2018).”
Plate v. Pinellas Cnty. (M.D. Fla. 2020). “39 at 7-8; § 100.041(1), Fla. Stat. (“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 .”
— 100.041(2) — 2 cases
Solomon v. Liberty Cnty., Fla., 957 F. Supp. 1522 (N.D. Fla. 1997). “1997) (county commission); Fla.Stat. § 100.041(2) (West 1982 & Supp.”
Solomon v. Liberty Cnty., 865 F.2d 1566 (11th Cir. 1988). “8, § 1(e) (county commission); Fla.Stat. § 100.041(2) (same); id. § 230.”
— 100.041(3) — 2 cases
Solomon v. Liberty Cnty., Fla., 957 F. Supp. 1522 (N.D. Fla. 1997). “1997) (county commission); Fla.Stat. § 100.041(2) (West 1982 & Supp.”
Solomon v. Liberty Cnty., 865 F.2d 1566 (11th Cir. 1988). “8, § 1(e) (county commission); Fla.Stat. § 100.041(2) (same); id. § 230.”
— 100.041(3)(b) — 1 case
N.A.A.C.P. v. Gadsden Cnty. Sch. Bd., 589 F. Supp. 953 (N.D. Fla. 1984). “The candidate from each member residence district receiving the highest number of votes cast in the general election is elected to the board and is not required to receive a majority of the votes cast.”
— 100.041(4) — 2 cases
David P. Trotti v. Ken Detzner, Sec'y of State, 147 So. 3d 641 (Fla. 1st DCA 2014). “; § 100.041(4), Fla. Stat. (2014). On April 2, 2014, the appellant filed a Form DS-DE 9 with the Division of Elections (the Division) indicating his intention to run for election for the seat at issue.”
Rick Scott, in his Off. capacity as Governor of the State of Florida v. David P. Trotti, an individual (Fla. 1st DCA 2018). “2 § 100.041(4), Fla. Stat. (2018). 3 Art. V, § 8, Fla.”
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