Florida Statute 138.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 138
COUNTY SEATS

View Entire Chapter

F.S. 138.06

138.06 Canvass and result of election; contests.—The county commissioners shall, not later than 5 days after the aforesaid election is held, publicly canvass the same, and the place receiving a majority of all the votes cast shall be the county seat for the next 10 years. The result declared upon such canvass may be contested by five or more taxpayers, qualified electors who voted in such election for a candidate place other than the place declared elected, by proceeding in chancery for an injunction against the removal by the county commissioners of the county records and county offices to the place declared elected, or by mandamus to compel the removal of the county offices and records to the place alleged in such proceedings to have been elected; and the court in which any such proceeding shall be properly instituted, may inquire into the legality of such election, the qualification of electors voting therein, and render judgment or decree in favor of the place duly elected by the qualified electors, and may make such interlocutory orders or decrees, and issue such process as shall be necessary to the protection of its jurisdiction, or may be incidental to the principal relief sought; provided, that such action shall be brought within 3 years from the time of such election.

History.—ch. 3301, 1881; RS 625; GS 834; s. 6, ch. 6239, 1911; s. 10, ch. 7838, 1919; RGS 1583; CGL 2431.

F.S. 138.06 on Google Scholar

F.S. 138.06 on Casetext

Amendments to 138.06

Arrestable Offenses / Crimes under Fla. Stat. 138.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 138.06.

Annotations, Discussions, Cases:

Cases Citing Statute 138.06

Total Results: 7

Ganson Jr. v. City of Marathon

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-14T00:00:00-07:00

Citation: 222 So. 3d 17

Snippet: v. City Dev. Code ch. 138. 6 of Marathon, 38 Fla.

Ford v. Browning

Court: Fla. | Date Filed: 2008-09-15T00:53:00-07:00

Citation: 992 So. 2d 132

Snippet: provision. While we recognize that subsection *138 6(d) sets forth numerous subjects for TBRC to review

Department of Revenue v. Wrobel

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-25T00:00:00-07:00

Citation: 739 So. 2d 670

Snippet: against the Department of Revenue. See Ch. 92-138, § 6 at 1174, Laws of Fla.; § 61.16, Fla. Stat. (1995

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-08-05T00:53:00-07:00

Snippet: days' notice" for the election. 3 Section 138.06, Fla. Stat. 4 Collier v. Cassady, 57 So. 617, 618

Fort v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-05T00:00:00-08:00

Citation: 626 So. 2d 302

Snippet: Florida Statutes (1991), contained in Chapter 92-138, § 6 at 1174, Laws of Florida, does not bar recovery

DEPARTMENT OF H & R SERVICES v. Coyle

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-24T00:53:00-07:00

Citation: 624 So. 2d 400

Snippet: section 61.16, Florida Statutes (1991). Chapter 92-138, § 6 at 964, Laws of Florida, made the entitlement

Mitchell v. Duncan

Court: Fla. | Date Filed: 1857-01-15T00:00:02-07:52:58

Citation: 7 Fla. 13

Snippet: sustained, too, l think, by the authorities. 3 Gill. 138, 6 B. Mon. 146, 19 Yermont, 230. Supreme