Florida Statute 114.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 114
VACATING OFFICE

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F.S. 114.01

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.

(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.

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Amendments to 114.01

Annotations, Discussions, Cases:

Cases Citing Statute 114.01

Total Results: 30

Gray v. Bryant

125 So. 2d 846

Supreme Court of Florida | Filed: Dec 19, 1960 | Docket: 1274726

Cited 64 times | Published

statutes does two things pertinent here. First, in Section 114.01 it prescribes the cases in which offices shall

State Ex Rel. Hawthorne v. Wiseheart

28 So. 2d 589, 158 Fla. 267, 1946 Fla. LEXIS 567

Supreme Court of Florida | Filed: Oct 8, 1946 | Docket: 3273265

Cited 37 times | Published

jure officer is not material to this suit. Section 114.01, Florida Statutes 1941, defines the conditions

Spector v. Glisson

305 So. 2d 777

Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 457216

Cited 20 times | Published

takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant"

Smith v. Brantley

400 So. 2d 443

Supreme Court of Florida | Filed: Jun 18, 1981 | Docket: 1263333

Cited 12 times | Published

art. III, § 461, Comp. Gen. Laws Ann. (1927); § 114.01(2), Fla. Stat. (1975) ("Every office shall be

Pasco v. Heggen

314 So. 2d 1

Supreme Court of Florida | Filed: Mar 19, 1975 | Docket: 1421125

Cited 10 times | Published

candidate. That right is partially embodied *4 in Section 114.01, Florida Statutes, which recognizes the right

Eisenberg v. City of Miami Beach

54 F. Supp. 3d 1312, 2014 U.S. Dist. LEXIS 131713, 2014 WL 4681027

District Court, S.D. Florida | Filed: Sep 19, 2014 | Docket: 64297912

Cited 8 times | Published

require cooking facilities. (Id. (quoting City Code § 114-1)). The City Code permits transient rentals for

Eisenberg v. City of Miami Beach

1 F. Supp. 3d 1327, 2014 U.S. Dist. LEXIS 27660, 2014 WL 821282

District Court, S.D. Florida | Filed: Mar 3, 2014 | Docket: 64293416

Cited 6 times | Published

require cooking facilities. (Id. (quoting City Code § 114-1)). The City Code permits transient rentals for

Advisory Opin. to Governor Re Jud. Vacancy

940 So. 2d 1090, 2006 WL 2641579

Supreme Court of Florida | Filed: Sep 15, 2006 | Docket: 2567016

Cited 4 times | Published

takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant"

In Re Advisory Opinion to the Governor

750 So. 2d 610, 1999 WL 824626

Supreme Court of Florida | Filed: Oct 14, 1999 | Docket: 1427448

Cited 3 times | Published

or election to office." Id. at 759. However, section 114.01, Florida Statutes (1965), stated that a candidate

In Re Advisory Opinion of Governor, Etc.

313 So. 2d 697

Supreme Court of Florida | Filed: May 21, 1975 | Docket: 1511030

Cited 3 times | Published

created by any of the circumstances specified by Section 114.01, Florida Statutes. Article IV, Section 7, regarding

Miller v. Gross

788 So. 2d 256, 2000 WL 33258310

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1685134

Cited 2 times | Published

amendment applied to the candidate. At that time, section 114.01 then provided that "(e)very office shall be

Tappy v. State ex rel. Ervin

82 So. 2d 161, 1955 Fla. LEXIS 3888

Supreme Court of Florida | Filed: Jul 8, 1955 | Docket: 64487231

Cited 1 times | Published

election, the said office shall become vacant.” Section 114.01(10), F.S., F.S.A., is to like effect. In State

Bailey v. Laurie, DeSantis

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038931

Published

section 4(a) of the Florida Constitution and section 114.01(2) of the Florida Statutes on the asserted

David P. Trotti v. Rick Scott, Governor

271 So. 3d 904

Supreme Court of Florida | Filed: Nov 26, 2018 | Docket: 8235024

Published

specifically rejected the argument there that section 114.01(1)(d), Florida Statutes (1977)-which required

Ago

Florida Attorney General Reports | Filed: Dec 28, 2010 | Docket: 3259055

Published

Article X of the Florida Constitution nor section 114.01(1), Florida Statutes, includes the expiration

Miller v. Mendez

804 So. 2d 1243, 26 Fla. L. Weekly Supp. 829, 2001 Fla. LEXIS 2309, 2001 WL 1628487

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 64811723

Published

Governor may appoint someone to fill the vacancy. See § 114.01, Fla. Stat. (2001). The Third District’s decision

Ago

Florida Attorney General Reports | Filed: Apr 28, 1999 | Docket: 3257356

Published

84-21, which concluded that a 1977 amendment to section 114.01, Florida Statutes (1975), required that vacancies

Ago

Florida Attorney General Reports | Filed: Mar 4, 1985 | Docket: 3255656

Published

thirty days from the commencement of the term. Section 114.01(1), F.S., provides as follows: (1) A vacancy

Ago

Florida Attorney General Reports | Filed: Jul 1, 1976 | Docket: 3256454

Published

or law creating or continuing such office. [Section 114.01(6), F. S.] Because s. 112.321(1), F. S., as

Ago

Florida Attorney General Reports | Filed: Jun 20, 1974 | Docket: 3255869

Published

alia, upon the resignation of the incumbent. Section 114.01(2), F.S., is to like effect, deeming an office

Kirk v. Baker

229 So. 2d 250, 1969 Fla. LEXIS 2541

Supreme Court of Florida | Filed: Jul 9, 1969 | Docket: 64512437

Published

criminal responsibility of the officer.” See also Section 114.01(7), Florida Statutes, 1967, which provides

In re Advisory Opinion to the Governor

217 So. 2d 289, 1968 Fla. LEXIS 1990

Supreme Court of Florida | Filed: Dec 23, 1968 | Docket: 64507834

Published

office * * *’ Similar language may be found in Section 114.01 (6), Florida Statutes [F.S.A.]. “On November

In re Advisory Opinion to the Governor

214 So. 2d 473, 1968 Fla. LEXIS 2098

Supreme Court of Florida | Filed: Sep 10, 1968 | Docket: 64506814

Published

method of filling certain vacancies in office. Section 114.01, Florida Statutes, F.S.A., reads in part: “Every

Colbath v. Adams

184 So. 2d 883, 1966 Fla. LEXIS 3812

Supreme Court of Florida | Filed: Apr 6, 1966 | Docket: 64496275

Published

days after his election as authorized by F.S. Section 114.01(5), F.S.A., but at the expiration of that sixty-day

Advisory Opinion to the Governor

88 So. 2d 756, 1956 Fla. LEXIS 4041

Supreme Court of Florida | Filed: Jun 21, 1956 | Docket: 64488357

Published

facts develop proving actual death whereby Section 114.01(1) F.S. [F.S.A.] becomes operative. I am advised

Klein v. Schulz

87 So. 2d 406, 1956 Fla. LEXIS 3717

Supreme Court of Florida | Filed: May 7, 1956 | Docket: 64488039

Published

of the Court of Crimes became vacant under Section 114.01, Florida Statutes 1955, and F.S.A., making

In re Advisory Opinion to the Governor

81 So. 2d 778, 1955 Fla. LEXIS 3656

Supreme Court of Florida | Filed: Jul 27, 1955 | Docket: 64487015

Published

county where the crime was committed * * *; ’ “Section 114.01, Florida Statutes [F.S.A.], provides, in part

State ex rel. Wynn v. Squarcia

66 So. 2d 263, 1953 Fla. LEXIS 1406

Supreme Court of Florida | Filed: Jun 19, 1953 | Docket: 64484505

Published

defined and described by Subsection (6) of Section 114.01 in the following terms: “When any office created

Advisory Opinion to Governor

157 Fla. 885, 27 So. 2d 409

Supreme Court of Florida | Filed: Sep 25, 1946 | Docket: 60410784

Published

Statutes 1941, relating to Special Elections, or Section 114.01, et seq., Florida Statutes 1941, relating to

Advisory Opinion to Governor

152 Fla. 686, 12 So. 2d 876

Supreme Court of Florida | Filed: Apr 3, 1943 | Docket: 60410744

Published

the unexpired term.” Section 461, C.G.L., now Section 114.01 Florida Statutes 1941, defines vacancies in