Florida Statute 114.04 - 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. 114.04

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.

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F.S. 114.04 on CourtListener

Amendments to 114.04

Annotations, Discussions, Cases:

Cases Citing Statute 114.04

Total Results: 15

Gray v. Bryant

125 So. 2d 846

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

Cited 64 times | Published

offices shall be deemed vacant. Second, in Section 114.04 it prescribes the mode of filling all offices

In re Advisory Opinion to the Governor

247 So. 2d 428, 1971 Fla. LEXIS 3805

Supreme Court of Florida | Filed: May 7, 1971 | Docket: 64520141

Cited 2 times | Published

70-395 [70-385], Laws of Florida, Fla.Stat. § 114.-04, F.S.A., reads as follows: . “Filling vacancies

Ago

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

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 2, 2010 | Docket: 3258483

Published

18, Florida Statutes, and section 114.04, Florida Statutes. Section 114.04, Florida Statutes, states:

Ago

Florida Attorney General Reports | Filed: Jun 17, 1999 | Docket: 3257756

Published

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

Ago

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

Published

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

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Florida Attorney General Reports | Filed: Mar 16, 1984 | Docket: 3257549

Published

read as it now appears in s 114.04, F.S. 1983. Section 114.04, F.S. 1983, in pertinent part provides:

Ago

Florida Attorney General Reports | Filed: Aug 16, 1978 | Docket: 3258910

Published

general law relating to vacancies in office. Section 114.04, F. S., provides in part as follows: Except

In re Advisory Opinion of the Governor

306 So. 2d 509, 1975 Fla. LEXIS 3804

Supreme Court of Florida | Filed: Jan 7, 1975 | Docket: 64543887

Published

in the same manner as initial appointment.” Section 114.04, Florida Statutes, specifically provides in

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

following cases: % % ^ # ‡ ‡ “(3) By his removal.” Section 114.04, provides: “114.04 Filling vacancies.—In all

Colbath v. Adams

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

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

Published

him and the Governor was authorized by Florida Statute 114.04, F.S.A., to make an appointment until the

Advisory Opinion to the Governor

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

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

Published

[F.S.A.] contains a flexible provision in Section 114.04, which indicates the instances detailed in

Klein v. Schulz

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

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

Published

filled by an election as provided by law * * *_» Section 114.04, Florida Statutes 1955, and F.S.A. If we were

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

Constitution, F.S.A., as limited and defined by Section 114.04, Florida Statutes, F.S.A. Simonton v. State

Advisory Opinion to Governor

152 Fla. 686, 12 So. 2d 876

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

Published

vacancies in office, and Section 464 C.G.L., now Section 114.04 Florida Statutes 1941, provides that: “In all