Florida Statute 102.1682 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

View Entire Chapter

F.S. 102.1682

102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum.—

(1) If the contestant is found to be entitled to the office, if on the findings a judgment to that effect is entered, and if the adverse party has been commissioned or has entered upon the duties thereof or is holding the office, then a judgment of ouster shall be entered against such party. Upon presentation of a certified copy of the judgment of ouster to the Governor, the Governor shall revoke such commission and commission the person found in the judgment to be entitled to the office.

(2) If a judgment is entered setting aside a referendum, the election shall be void.

History.—s. 9, Art. 10, ch. 38, 1845; RS 201; GS 285; RGS 381; CGL 446; s. 3, ch. 26870, 1951; s. 18, ch. 65-378; s. 29, ch. 77-175.

Note.—Former s. 104.08; s. 99.211; s. 102.163.

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Amendments to 102.1682

Arrestable Offenses / Crimes under Fla. Stat. 102.1682

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 102.1682.

Annotations, Discussions, Cases:

Cases Citing Statute 102.1682

Total Results: 5

Sid Dinerstein v. Susan Bucher, in her official capacity as Supervisor of Elections of Palm Beach County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-24T00:00:00-07:00

Citation: 195 So. 3d 1161, 2016 Fla. App. LEXIS 9796

Snippet: proceedings consistent with this opinion and section 102.1682, Florida Statutes (2016). Reversed and

Burns v. Tondreau

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-04T00:00:00-07:00

Citation: 139 So. 3d 481, 2014 WL 2515695, 2014 Fla. App. LEXIS 8523

Snippet: contest an election pursuant to §§ 102.168 and 102.1682 is limited only to ‘consideration of the balloting…candidate] under statutory sections [102.168 and 102.1682] providing for contest of elec*488tions.”).”8

Broward Cty. Canvassing Bd. v. Hogan

Court: Fla. Dist. Ct. App. | Date Filed: 1992-11-11T23:53:00-08:00

Citation: 607 So. 2d 508

Snippet: In relevant part, section 102.1682, Florida Statutes (1991), states: 102.1682 Judgment of ouster; revocation… A companion to the contest statute is section 102.1682, which enumerates the remedies available for the

Harden v. Garrett

Court: Fla. | Date Filed: 1985-12-19T23:53:00-08:00

Citation: 483 So. 2d 409

Snippet: requisites of sections 102.168 (election contest) and 102.1682 (allowing a judgment of ouster to revoke the commission

McPherson v. Flynn

Court: Fla. | Date Filed: 1981-04-13T23:53:00-08:00

Citation: 397 So. 2d 665

Snippet: his cause of action *667 in sections 102.168 and 102.1682, Florida Statutes (1979),[2] relating to election…provisions to contest elections. See §§ 102.168, 102.1682 Fla. Stat. (1979). Since there is no common law… the original judge. [2] Sections 102.168 and 102.1682 read: 102.168 Contest of election. The certification…contest the election or nomination of a candidate. 102.1682 Judgment of ouster; revocation of commission;