Florida Statute 102.1682 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

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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

Annotations, Discussions, Cases:

Cases Citing Statute 102.1682

Total Results: 2

Broward Cty. Canvassing Bd. v. Hogan

607 So. 2d 508, 1992 Fla. App. LEXIS 11920, 1992 WL 324859

District Court of Appeal of Florida | Filed: Nov 12, 1992 | Docket: 1526242

Cited 8 times | Published

*510 A companion to the contest statute is section 102.1682, which enumerates the remedies available for

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

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

District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3082261

Published

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