Florida Statutes
Fla. Stat. § 114.01 (2025)
Office deemed vacant in certain cases.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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114.01 Office deemed vacant in certain cases.—
(1) A vacancy in office shall occur:
(a) Upon creation of an office.
(b) Upon the death of the incumbent officer.
(c) Upon removal of the officer from office.
(d) Upon the resignation of the officer and acceptance thereof by the Governor.
(e) Upon the succession of the officer to another office.
(f) Upon the officer’s unexplained absence for 60 consecutive days.
(g) Upon the officer’s failure to maintain the residence required of him or her by law.
(h) Upon the failure of a person elected or appointed to office to qualify for office within 30 days from the commencement of the term of office.
(i) Upon the refusal of the person elected or appointed to accept the office.
(j) Upon the conviction of the officer of a felony as defined in s. 10, Art. X of the State Constitution.
(k) Upon final adjudication, in this state or in any other state, of the officer to be mentally incompetent.
(l) Upon the rendition of a final judgment of a circuit court of this state declaring void the election or appointment of the incumbent to office.
(2) With respect to paragraphs (b) and (f)-(k) of subsection (1), the Governor shall file an executive order with the Secretary of State setting forth the facts which give rise to the vacancy, and he or she shall include in such order the title of the office, the name of the incumbent officer or person who held the office, and the date on which the vacancy in office occurred. The office shall be considered vacant as of the date specified in the executive order or, in absence of such a date, as of the date the executive order is filed with the Secretary of State.
History.—s. 1, ch. 1633, 1868; RS 214; GS 298; RGS 396; CGL 461; s. 25, ch. 71-355; s. 1, ch. 77-235; s. 728, ch. 95-147.
Notes of Decisions
Cited in 25
cases (1 in the last 5 years), 1943–2025 · leading case: Gray v. Bryant, 125 So. 2d 846 (Fla. 1960).
Gray v. Bryant, 125 So. 2d 846 (Fla. 1960). “First, in Section 114.01 it prescribes the cases in which offices shall be deemed vacant.”
Smith v. Brantley, 400 So. 2d 443 (Fla. 1981). “§ 114.01(1)(d), Fla. Stat. (1977). We know, of course, that a statute may adopt one of several possible meanings attributable to a constitutional provision and that, where appropriate, such legislative constructions are to be given great weight in interpreting the provision.”
John Doe v. William H. Webster, Dir., Fbi, 606 F.2d 1226 (D.C. Cir. 1979). “g„ Fla.Stat.Ann. § 114.01 (1973), N.J.Stat.Ann.”
State Ex Rel. Hawthorne v. Wiseheart, 28 So. 2d 589 (Fla. 1946). “Section 114.01, Florida Statutes 1941, defines the conditions under which an office becomes vacant.”
Miller v. Mendez, 804 So. 2d 1243 (Fla. 2001). “See § 114.01, Fla. Stat. (2001). The Third District’s decision in this case, which incorporated in full the trial court’s order, was proper.”
Spector v. Glisson, 305 So. 2d 777 (Fla. 1974). “" Now, however, the current 1968 constitutional provision controls and also takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant" in cases there enumerated, one being "resignation.”
Advisory Opin. to Governor Re Jud. Vacancy, 940 So. 2d 1090 (Fla. 2006). “" Now, however, the current 1968 constitutional provision controls and also takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant" in cases there enumerated, one being "resignation.”
In Re Advisory Opinion to the Governor, 750 So. 2d 610 (Fla. 1999). “However, section 114.01, Florida Statutes (1965), stated that a candidate had sixty days after election or appointment to qualify for the office.”
Pasco v. Heggen, 314 So. 2d 1 (Fla. 1975). “That right is partially embodied *4 in Section 114.01, Florida Statutes, which recognizes the right of a person elected to public office to refuse acceptance of the office.”
Kane v. Robbins, 556 So. 2d 1381 (Fla. 1989). “See §§ 114.01, 114.04, 100.111, Fla. Stat. (1989).”
In Re Advisory Opinion of Governor, Etc., 313 So. 2d 697 (Fla. 1975). “" Sub judice, we have a different situation in that we do not have a vacancy in office created by resignation or created by any of the circumstances specified by Section 114.01, Florida Statutes. Article IV, Section 7, regarding the Governor's power to fill the office from which…”
Kirk v. Baker, 229 So. 2d 250 (Fla. 1969). “” See also Section 114.01(7), Florida Statutes, 1967, which provides that every office shall be deemed vacant upon “The conviction of the incumbent of any felony, or an offense involving a violation of his official oath.”
— 114.01(1) — 2 cases
Bailey v. Laurie, DeSantis (Fla. 1st DCA 2025).
Advisory Opinion to the Governor, 88 So. 2d 756 (Fla. 1956).
— 114.01(1)(d) — 2 cases
Smith v. Brantley, 400 So. 2d 443 (Fla. 1981). “§ 114.01(1)(d), Fla. Stat. (1977). We know, of course, that a statute may adopt one of several possible meanings attributable to a constitutional provision and that, where appropriate, such legislative constructions are to be given great weight in interpreting the provision.”
David P. Trotti v. Rick Scott, Governor, 271 So. 3d 904 (Fla. 2018).
— 114.01(1)(h) — 1 case
Bailey v. Laurie, DeSantis (Fla. 1st DCA 2025).
— 114.01(10) — 1 case
Tappy v. State ex rel. Ervin, 82 So. 2d 161 (Fla. 1955).
— 114.01(2) — 2 cases
Smith v. Brantley, 400 So. 2d 443 (Fla. 1981). “§ 114.01(1)(d), Fla. Stat. (1977). We know, of course, that a statute may adopt one of several possible meanings attributable to a constitutional provision and that, where appropriate, such legislative constructions are to be given great weight in interpreting the provision.”
Bailey v. Laurie, DeSantis (Fla. 1st DCA 2025).
— 114.01(4) — 1 case
Advisory Opinion to the Governor, 88 So. 2d 756 (Fla. 1956).
— 114.01(5) — 1 case
Colbath v. Adams, 184 So. 2d 883 (Fla. 1966).
— 114.01(6) — 1 case
Gray v. Bryant, 125 So. 2d 846 (Fla. 1960). “First, in Section 114.01 it prescribes the cases in which offices shall be deemed vacant.”
— 114.01(7) — 1 case
Kirk v. Baker, 229 So. 2d 250 (Fla. 1969). “” See also Section 114.01(7), Florida Statutes, 1967, which provides that every office shall be deemed vacant upon “The conviction of the incumbent of any felony, or an offense involving a violation of his official oath.”
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