Florida Statute 112.46 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.46

112.46 Period during which suspension will lie.—Any officer subject to suspension by the Governor pursuant to the State Constitution shall be subject to such suspension from the date provided by law for such officer to take office whether or not the Governor has executed and delivered the commission of office to the said officer. It is the intent of this part to provide that the formal execution of a commission by the Governor and a delivery thereof to the officer is a ministerial duty not necessary either to the performance of the duties of that officer or to the susceptibility to suspension of that officer. However, nothing in this part shall prohibit or preclude any officer claiming title to any office from seeking a judicial determination of his or her right to such office, regardless of the issuance or nonissuance of a commission to such office.

History.—s. 7, ch. 69-277; s. 715, ch. 95-147.

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Amendments to 112.46

Arrestable Offenses / Crimes under Fla. Stat. 112.46

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.46.

Annotations, Discussions, Cases:

Cases Citing Statute 112.46

Total Results: 1

May v. State

Court: Supreme Court of Florida | Date Filed: 1925-02-03

Citation: 103 So. 115, 89 Fla. 78

Snippet: 241, 16 Am. Rep. 771; Welch v. State,156 Ala. 112, 46 South. Rep. 856; Huskey v. State, 129 Ala. 94,