Florida Statute 114.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 114
VACATING OFFICE

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F.S. 114.04

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.

F.S. 114.04 on Google Scholar

F.S. 114.04 on Casetext

Amendments to 114.04

Arrestable Offenses / Crimes under Fla. Stat. 114.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 114.04.

Annotations, Discussions, Cases:

Cases Citing Statute 114.04

Total Results: 20

STUART ZOBERG v. JENNIFER HU

Court: District Court of Appeal of Florida | Date Filed: 2023-04-19

Snippet: Prop., LLC, 271 So. 3d 111, 114 4 (Fla. 3d DCA 2019). We agree

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Court: Florida Attorney General Reports | Date Filed: 2010-12-28

Snippet: filling vacancies in district offices. Section 114.04, Florida Statutes, states: "Except as otherwise

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Court: Florida Attorney General Reports | Date Filed: 2010-09-02

Snippet: Florida Statutes, and section 114.04, Florida Statutes. Section 114.04, Florida Statutes, states: "Except

State v. McKnight

Court: District Court of Appeal of Florida | Date Filed: 2010-05-21

Citation: 35 So. 3d 995, 2010 Fla. App. LEXIS 7014, 2010 WL 2008836

Snippet: McKnight's criminal punishment code scoresheet reflected 114.4 total sentence points, with a resulting lowest permissible

In Re Doe

Court: District Court of Appeal of Florida | Date Filed: 2006-04-05

Citation: 924 So. 2d 935, 2006 WL 859215

Snippet: Anonymous, 664 So.2d 882 (Ala.1995); see also § 390.0114(4)(e). Obviously, this determination will depend

Holbert v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-01-26

Citation: 776 So. 2d 345, 2001 Fla. App. LEXIS 509, 2001 WL 60701

Snippet: guidelines would have total sentencing points of 114.4 not the 121.4 recorded under the 1995 guidelines

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Court: Florida Attorney General Reports | Date Filed: 2000-10-19

Snippet: office if less than twenty-eight months . . ."); s. 114.04, Fla. Stat. 5 Ervin v. Collins, 85 So.2d 852 (Fla

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Court: Florida Attorney General Reports | Date Filed: 1999-06-17

Snippet: prescribing when a vacancy in office occurs, and section 114.04, Florida Statutes, authorizing the Governor to

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Court: Florida Attorney General Reports | Date Filed: 1999-04-28

Snippet: section1(f), Florida Constitution, and section 114.04, Florida Statutes. In light of these concerns,

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Court: Florida Attorney General Reports | Date Filed: 1998-10-14

Snippet: appointed" and s. 114.01(1)(g), Fla. Stat. See also, s. 114.04, Fla. Stat., authorizing the Governor to fill vacancies

Kane v. Robbins

Court: Supreme Court of Florida | Date Filed: 1989-07-20

Citation: 556 So. 2d 1381, 14 Fla. L. Weekly 368

Snippet: new members are duly appointed. See §§ 114.01, 114.04, 100.111, Fla. Stat. (1989). We remand the case

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Court: Florida Attorney General Reports | Date Filed: 1987-03-13

Snippet: decision, the Court relied upon the language of s.114.04, F.S. (1971), which in pertinent part provided:

OLD PORT COVE PROP. v. Ecclestone

Court: District Court of Appeal of Florida | Date Filed: 1986-12-31

Citation: 500 So. 2d 331, 12 Fla. L. Weekly 183

Snippet: under similar circumstances." Fla.Corp.Code, § 607.114(4), Fla. Stat. (1985). Additionally, Florida corporate