124.01
Division of counties into districts; county commissioners.
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124.01 Division of counties into districts; county commissioners.—
(1) There shall be five county commissioners’ districts in each county, which shall be numbered one to five, inclusive, and shall be as nearly equal in proportion to population as possible.
(2) There shall be one county commissioner for each of such county commissioners’ districts, who shall be elected by the qualified electors of the county, as provided by s. 1(e), Art. VIII of the State Constitution.
(3) The board of county commissioners shall, from time to time, fix the boundaries of the county commissioners’ districts so as to keep them as nearly equal in proportion to population as practicable, provided that changes made in the boundaries of county commissioner districts pursuant to this section may not be made in the 270 days before a regular general election for the board of county commissioners. Districts may not be drawn with the intent to favor or disfavor a candidate for county commission or an incumbent county commissioner based on the candidate’s or incumbent’s residential address. Any ordinance enacted or adopted by a county on or after July 1, 2023, which is in conflict with this subsection is void.
(4) County commissioners’ districts now existing shall remain as now constituted until changed by the board of county commissioners, as provided by the constitution and in this chapter.
(5) This section shall not apply to Miami-Dade County.
History.—ss. 1, 2, ch. 3723, 1887; RS 573; GS 765; RGS 1469; CGL 2147; s. 1, ch. 24108, 1947; s. 1, ch. 59-459; s. 8, ch. 69-216; s. 23, ch. 2008-4; s. 1, ch. 2023-101.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1976–2025 · leading case: Solomon v. Liberty County, Fla.
Solomon v. Liberty County, Fla. (1997)
“VIII, § 1(e) (county commission); Fla.Stat. § 124.01(2) (county commission); Fla.”
Flagler County Board of Commissioners v. Likins (1976)
“This is an appeal from a final judgment in mandamus for electors and against the Board of County Commissioners seeking reapportionment, wherein the trial court declared Fla.Stat. § 124.01(3), F.S.A., to be unconstitutional.”
Solomon v. Liberty County (1988)
“8, § 1(e) (county commission); Fla.Stat. § 124.01 (same); id. § 230.061 (school board).”
Alachua County Board of County Commissioners, and Alachua County Supervisor of Elections v. Perry, Hord (2025)
“Section 124.01, Florida Statutes (2024), entitled “Division of counties into districts; county commissioners,” provides in part: (1) There shall be five county commissioners’ districts in each county, which shall be numbered one to five, inclusive, and shall be as nearly equal…”
Robert C. Touchston v. Michael McDermott (2000)
“141 (providing that the County Canvassing Board shall be comprised of a county court judge, chairman of the board of county commissioners and supervisor of elections); Fla. Stat. Ann. § 124.01 (2) (providing for popular election of county commissioners); Fla.”
— 124.01(2) — 1 case
Solomon v. Liberty County, Fla. (1997)
“VIII, § 1(e) (county commission); Fla.Stat. § 124.01(2) (county commission); Fla.”
— 124.01(3) — 1 case
Flagler County Board of Commissioners v. Likins (1976)
“This is an appeal from a final judgment in mandamus for electors and against the Board of County Commissioners seeking reapportionment, wherein the trial court declared Fla.Stat. § 124.01(3), F.S.A., to be unconstitutional.”
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