Florida Statute 100.041 | Lawyer Caselaw & Research

The 2024 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 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 Citing Statute 100.041

Total Results: 17

Orange County, Florida v. Rick Singh, etc.

Court: Fla. | Date Filed: 2019-04-18T00:00:00-07:00

Citation: 268 So. 3d 668

Snippet: to the general election." Further, section 100.041(1), Florida Statutes (2018) (emphasis added), lists…code providing for partisan elections. Section 100.041 states that "[i]n each county, a clerk of …during the primary election conflicts with section 100.041, which requires county constitutional officers …elective ... county ... officer ...."); § 100.041(1), Fla. Stat. ("In each county, a clerk of

Orange County, Florida v. Rick Singh, etc.

Court: Fla. | Date Filed: 2019-01-03T23:53:00-08:00

Snippet: conclude to be in direct conflict with section 100.041, Florida Statutes (2018). …each elective . . . county officer . . . .”); § 100.041(1), Fla. Stat. (2018) (“In each county, a clerk…election, however, is inconsistent with section 100.041, Florida Statutes (2018), which requires that …prior to the general election.” Further, section 100.041(1), Florida Statutes (2018) (emphasis added), …code providing for partisan elections. Section 100.041 states that “[i]n each county, a clerk of the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-26T00:53:00-07:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-22T00:00:00-07:00

Citation: 147 So. 3d 641

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-09-02T00:53:00-07:00

Snippet: time of the general election provided forby s. 100.041. The office of the supervisor of a soil and water…of the general election provided for in section 100.041, Florida Statutes. Moreover, as noted above, three…on the ballot. While the provisions in section 100.041, Florida Statutes, address the officers who are

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

Court: Fla. Dist. Ct. App. | Date Filed: 2008-11-13T23:53:00-08:00

Citation: 995 So. 2d 1051

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

Perry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-30T00:53:00-07:00

Citation: 846 So. 2d 584

Snippet: elected official under Florida Statute section 100.041, remains "on duty" even though he is

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-10-19T00:53:00-07:00

Snippet: the Sunshine Law until that time). And see, s.100.041(4), Fla. Stat., stating that the term of office

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-03-10T23:53:00-08:00

Snippet: TERM OF OFFICE SHORTENED BY THE EFFECT OF s. 100.041(4), F.S., AS AMENDED BY s. 14, CH. 85-226, LAWS…appraisers. During the 1985 Legislative Session, s. 100.041, F.S., was amended and (4) thereof now reads: …four year term of office. The effective date of s.100.041(4), F.S., was legislatively mandated as January…Florida, is not codified as a subsection of s. 100.041, F.S., and I am advised by the Division of Legislative…1986, will not be shortened by the operation of s.100.041, F.S. Sincerely, Robert A. Butterworth Attorney

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-12-18T23:53:00-08:00

Snippet: quot;DISTRICT OFFICERS" FOR PURPOSES OF s 100.041, F.S., AS AMENDED BY CH. 85-226, LAWS OF FLORIDA… of the Department of State has, pursuant to s 100.041, F.S., as amended by s 14, Ch. 85-226, Laws of …proper classification of certain offices. Section 100.041, F.S., formerly provided that the terms of elected…suggest the conclusion that, for purposes of s 100.041, F.S., as amended by Ch. 85-226, Laws of Florida…are "state officers" for purposes of s 100.041, F.S., as amended by Ch. 85-226, Laws of Florida

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-01-18T23:53:00-08:00

Snippet: the city's general election. Furthermore, s. 100.041(2), F. S., provides that the term of office of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-09-23T00:53:00-07:00

Snippet: and s. 5, Art. VI, State Const.; ss. 100.031, 100.041, and 114.04, F. S. I conclude, therefore, that

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-03-24T00:53:00-07:00

Snippet: following the November general election. See s. 100.041, F.S.) Thus, in any given compensation year &

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-06-14T00:53:00-07:00

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

Intercoastal Biologicals, Inc. v. State, Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1972-07-20T00:00:00-07:00

Citation: 264 So. 2d 470, 1972 Fla. App. LEXIS 6555

Snippet: and 170E-ll.il (3), superseded by 10D-41.10 and 100-41.11(3), F.A.C. . Intercoastal apparently thought

Colbath v. Adams

Court: Fla. | Date Filed: 1966-04-06T00:00:00-08:00

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

Snippet: in November, 1966 pursuant to Florida Statute 100.041, F.S.A. The alternative writ issued and the return

Gossett v. Ullendorff

Court: Fla. | Date Filed: 1934-03-05T00:00:00-08:00

Citation: 154 So. 177, 114 Fla. 159

Snippet: Thousand Seven Hundred and Twenty-seven and 48/100 ($41,727.48) Dollars; that these mortgages, et cetera