Florida Statutes

Fla. Stat. § 102.1682 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 2 cases, 1992–2016 · leading case: Broward Cty. Canvassing Bd. v. Hogan, 607 So. 2d 508 (Fla. 4th DCA 1992).

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Broward Cty. Canvassing Bd. v. Hogan, 607 So. 2d 508 (Fla. 4th DCA 1992). · cites it 3× “In relevant part, section 102.1682, Florida Statutes (1991), states: 102.”

Sid Dinerstein v. Susan Bucher, in her Off. capacity as Supervisor of Elections of Palm Beach Cnty., 195 So. 3d 1161 (Fla. 4th DCA 2016). · cites it 2× “We remind the case to the trial court for further proceedings consistent with this opinion and section 102.1682, Florida Statutes (2016).”

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