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Florida Statute 105.051 - Full Text and Legal Analysis
Florida Statute 105.051 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 105
NONPARTISAN ELECTIONS
View Entire Chapter
F.S. 105.051
105.051 Determination of election or retention to office.
(1) ELECTION.In circuits and counties holding elections:
(a) The name of an unopposed candidate for the office of circuit judge, county court judge, or member of a school board shall not appear on any ballot, and such candidate shall be deemed to have voted for himself or herself at the general election.
(b) If two or more candidates, neither of whom is a write-in candidate, qualify for such an office, the names of those candidates shall be placed on the ballot at the primary election. If any candidate for such office receives a majority of the votes cast for such office in the primary election, the name of the candidate who receives such majority shall not appear on any other ballot unless a write-in candidate has qualified for such office. An unopposed candidate shall be deemed to have voted for himself or herself at the general election. If no candidate for such office receives a majority of the votes cast for such office in the primary election, the names of the two candidates receiving the highest number of votes for such office shall be placed on the general election ballot. If more than two candidates receive an equal and highest number of votes, the name of each candidate receiving an equal and highest number of votes shall be placed on the general election ballot. In any contest in which there is a tie for second place and the candidate placing first did not receive a majority of the votes cast for such office, the name of the candidate placing first and the name of each candidate tying for second shall be placed on the general election ballot.
(c) The candidate who receives the highest number of votes cast for the office in the general election shall be elected to such office. If the vote at the general election results in a tie, the outcome shall be determined by lot.
(2) RETENTION.With respect to any justice or judge who qualifies to run for retention in office, the question prescribed in s. 105.041(2) shall be placed on the ballot at the general election. If a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, the justice or judge shall be retained for a term of 6 years commencing on the first Tuesday after the first Monday in January following the general election. If less than a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, a vacancy shall exist in such office upon the expiration of the term being served by the justice or judge.
History.s. 5, ch. 71-49; s. 38, ch. 77-175; s. 19, ch. 81-105; s. 632, ch. 95-147; s. 5, ch. 99-326; s. 4, ch. 99-355; s. 23, ch. 2005-286.

F.S. 105.051 on Google Scholar

F.S. 105.051 on CourtListener

Amendments to 105.051


Annotations, Discussions, Cases:

Cases Citing Statute 105.051

Total Results: 9

Levey v. Dijols

990 So. 2d 688, 2008 WL 4327060

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1422422

Cited 6 times | Published

ballot for the August 26, 2008 primary election. § 105.051(1), Fla. Stat. (2007). Bober received about 38%

Advisory Opinion to the Governor Re Judicial Vacancy Due to Resignation

42 So. 3d 795, 35 Fla. L. Weekly Supp. 453, 2010 Fla. LEXIS 1118, 2010 WL 2720459

Supreme Court of Florida | Filed: Jul 12, 2010 | Docket: 1647443

Cited 5 times | Published

term commencing January 4, 2011, pursuant to section 105.051(1)(a), Florida Statutes. However, I have been

Advisory Opinion to Governor

824 So. 2d 132, 2002 WL 1472811

Supreme Court of Florida | Filed: Jul 10, 2002 | Docket: 1435606

Cited 5 times | Published

section 10(b)(1) and (2) and implemented by section 105.051(1), Florida Statutes (2001), begins when a

Bloch v. Del Rey

208 So. 3d 189, 2016 Fla. App. LEXIS 15905

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 4482647

Cited 3 times | Published

elections in partisan campaigns. See § 105.051(l)(b), Fla. Stat. (2016). Where more than two

Orange County, Florida v. Rick Singh, etc.

268 So. 3d 668

Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958306

Cited 1 times | Published

Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that

Orange County, Florida v. Rick Singh, etc.

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498536

Published

Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that

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

District Court of Appeal of Florida | Filed: Jul 26, 2018 | Docket: 7520994

Published

appear at the next general election 8 § 105.051(1)(a), Fla. Stat. (2018).

Markwood Investments Ltd. v. Neves (In re Neves)

500 B.R. 651, 70 Collier Bankr. Cas. 2d 1146, 2013 WL 5701649, 2013 Bankr. LEXIS 4375

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 18, 2013 | Docket: 65785645

Published

authorized by 28 U.S.C. § 157(b)(1)50 and 11 U.S.C. § 105.51 44 F.3d at 165. See In re Morrison, 555 F.3d at

Pepper v. Cobo

785 So. 2d 718, 2001 Fla. App. LEXIS 7319, 2001 WL 540759

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 64805509

Published

nonpartisan election is governed by Florida Statutes § 105.051(l)(b) (1999). In pertinent part, it reads: (b)