Florida Statutes
Fla. Stat. § 114.04 (2025)
Filling vacancies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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114.04 Filling vacancies.—Except as otherwise provided in the State Constitution, the Governor shall fill by appointment any vacancy in a state, district, or county office, other than a member or officer of the Legislature, for the remainder of the term of an appointive officer and for the remainder of the term of an elective office, if there is less than 28 months remaining in the term; otherwise, until the first Tuesday after the first Monday following the next general election. With respect to any office which requires confirmation by the Senate, the person so appointed may hold an ad interim term of office subject to the provisions of s. 114.05. Each secretary or division director of a department of the executive branch, or the State Surgeon General, who is required by law to be appointed by the Governor and confirmed by the Senate shall serve at the pleasure of the Governor, unless otherwise provided by law, and the appointment of such person shall run concurrently with the term of the Governor making the appointment. In the event a Governor is elected to a second term of office pursuant to s. 5, Art. IV of the State Constitution, each secretary or division director, or the State Surgeon General, so appointed shall be reappointed or, at the discretion of the Governor, replaced by a new appointee. Reappointments to the same office shall be subject to confirmation by the Senate as provided in s. 114.05.
History.—s. 2, ch. 1633, 1868; RS 217; GS 301; RGS 399; CGL 464; s. 1, ch. 70-385; s. 2, ch. 77-235; s. 68, ch. 79-400; s. 8, ch. 2008-6.
Notes of Decisions
Cited in 9
cases, 1943–1975 · leading case: Gray v. Bryant, 125 So. 2d 846 (Fla. 1960).
Gray v. Bryant, 125 So. 2d 846 (Fla. 1960). “Section 114.04, Florida Statutes, F.S.A., authorizes the Governor to fill such vacancy and it further provides that the appointee shall "hold such office until the same shall be filled by an election.”
In re Advisory Opinion to the Governor, 247 So. 2d 428 (Fla. 1971). “Chapter 70-385, Laws of Florida, amended Fla.Stat. § 114.04, F.S.A., so that the following words in old § 114.”
In re Advisory Opinion of the Governor, 306 So. 2d 509 (Fla. 1975). “” Section 114.04, Florida Statutes, specifically provides in pertinent part: “Filling vacancies.”
State ex rel. Wynn v. Squarcia, 66 So. 2d 263 (Fla. 1953). “, as limited and defined by Section 114.04, Florida Statutes, F.S.A. Simonton v.”
Colbath v. Adams, 184 So. 2d 883 (Fla. 1966). “, does not apply in this case because it has been implemented by F.S. 114.04, F.S.A., in that a mode for filling the vacancy has been provided by statute; nor does Section 6 of Article XVIII apply because the office here under consideration is a statutory, rather than a…”
Klein v. Schulz, 87 So. 2d 406 (Fla. 1956). “, making it necessary for the governor to appoint a successor to hold the office “until the same [should] be filled by an election as provided by law * * *_» Section 114.04, Florida Statutes 1955, and F.”
Advisory Opinion to the Governor, 88 So. 2d 756 (Fla. 1956). “Of course, it would be impossible to prove conclusively that a person has “ceased to be an inhabitant” of a particular place without establishing his death or proving that he has become an inhabitant of some other place.”
In re Advisory Opinion to the Governor, 214 So. 2d 473 (Fla. 1968). “” Section 114.04, provides: “114.04 Filling vacancies.”
Advisory Opinion to Governor, 12 So. 2d 876 (Fla. 1943). “, now Section 114.04 Florida Statutes 1941, provides that: “In all such cases, and in all other cases in which a vacancy may occur, if the office be a State, district or county office (other than a member or officer of the Legislature), it shall be the duty of the Governor to…”
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