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Florida Statute 138.12 - Full Text and Legal Analysis Florida Statute 138.12 | Lawyer Caselaw & Research
Fla. Stat. § 138.12 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
138.12 Commissioners may expand county seat.—The board of county commissioners of any county may expand the geographical area of the county seat of its county beyond the corporate limits of the municipality named as the county seat by adopting a resolution to that effect at any regular or special meeting of the board. Such a resolution may be adopted only after the board has held not less than two public hearings on the proposal at intervals of not less than 10 or more than 20 days and after notice of the proposal and such meetings has been published in a newspaper of general circulation in the county. However, nothing herein shall be deemed to extend the boundaries of the municipality in which the county seat was previously located or annex to such municipality the territory added to the county seat.
History.—s. 1, ch. 73-320.

Cases Citing F.S. 138.12

Fla. Stat. § 138.12 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Cnty. of Volusia v. State, 417 So. 2d 968 (Fla. 1982).

Cited 14 times | Published | Supreme Court of Florida

...nent records of all county officers be located at the county seat and section 138.09 requires the county commissioners to erect a courthouse and a jail at the county seat as soon as the county seat has been decided upon by the electors, we note that section 138.12, Florida Statutes (1981), [5] permits county commissioners to expand the geographical area of county seats without expanding the boundaries of the municipality named as the county seat. If the Volusia County Council exercises its authority under section 138.12 and expands the county seat to include the Indian Lake Road location, the new jail lawfully could be the "county jail" of Volusia County....
...I agree with the majority that Volusia County may build the proposed new jail outside the municipal boundaries of its county seat without violating article VIII, section 1(k), Florida Constitution, and section 138.09, Florida Statutes (1981). It could accomplish this by expanding the geographic area of DeLand as provided by section 138.12, Florida Statutes (1981)....
...al facilities, the Indian Lake Road location eventually would include the sheriff's offices, criminal courtrooms, judges' chambers, clerk's offices, state attorney and public defender offices, court reporters' offices, and other related offices. [5] Section 138.12 provides: The board of county commissioners of any county may expand the geographical area of the county seat of its county beyond the corporate limits of the municipality named as the county seat by adopting a resolution to that effect at any regular or special meeting of the board....
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Cited as authority(citing case) (2010)
phrase: "rule_authority"
Cited as authorityStrand (2008)
phrase: "rule_authority"
Cited as authority(citing case) (2008)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 1991).

Published | Florida Attorney General Reports

be limited by s. 138.10, F.S. QUESTION ONE: Section 138.12, F.S., provides: The board of county commissioners
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Ago (Fla. Att'y Gen. 1999).

Published | Florida Attorney General Reports

relocation of county seats. With the exception of section 138.12, Florida Statutes, the entire chapter addresses

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.