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Florida Statute 138 | Lawyer Caselaw & Research
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The 2024 Florida Statutes (including 2025 Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 138
COUNTY SEATS
View Entire Chapter
CHAPTER 138
CHAPTER 138
COUNTY SEATS
138.01 Petition to change county seat.
138.02 Commissioners to order election.
138.03 Conduct and return of election.
138.04 Names of towns, etc., for county seat to be filed with clerk.
138.05 Form of ballot.
138.06 Canvass and result of election; contests.
138.07 Second election when no place receives majority vote.
138.08 The two places receiving highest vote to be placed on ballot in second election.
138.09 Canvass of votes of second election; establishing county seat.
138.11 Unlawful use of money in election to change county seat.
138.12 Commissioners may expand county seat.
138.01 Petition to change county seat.—The qualified electors in any county in this state wishing to change their county seat, shall present to the board of county commissioners of such county a petition signed by one-third of the qualified electors, who are taxpayers on real or personal property, praying for a change of the location of such county seat.
History.—s. 1, ch. 1890, 1872; RS 622; GS 831; s. 1, ch. 6239, 1911; RGS 1578; CGL 2426.
138.02 Commissioners to order election.—The county commissioners of any county in this state, upon receiving such petition as is specified in s. 138.01 shall order an election to be held at the several precincts of such county for the location of such county seat, giving not less than 30 days’ notice thereof, and no person shall be allowed to vote in such elections except those qualified to vote under the general election laws of Florida.
History.—s. 2, ch. 1890, 1872; RS 623; GS 832; s. 2, ch. 6239, 1911; RGS 1579; CGL 2427.
138.03 Conduct and return of election.—All elections held under the provisions of this chapter shall be conducted in the manner prescribed by law for holding general elections in this state, except as herein provided, and the returns of all such elections shall be made to the county commissioners or the clerk thereof.
History.—s. 3, ch. 1890, 1872; RS 624; GS 833; s. 3, ch. 6239, 1911; RGS 1580; CGL 2428.
138.04 Names of towns, etc., for county seat to be filed with clerk.—Names of all towns, villages or cities, put forward as candidates for the county seat of any county in this state under the provisions of this chapter shall be filed with the clerk of the circuit court of such county not later than 15 days before the date set for holding said election.
History.—s. 4, ch. 6239, 1911; RGS 1581; CGL 2429.
138.05 Form of ballot.—The clerk of the circuit court of any county in this state, when the names of the towns, villages, and cities required in s. 138.04 have been furnished him or her, shall have printed, at the expense of the county, a suitable ballot to be used in the election, the ballot to contain, in alphabetical order, the names of all such towns, villages, and cities, and no other places shall be printed on the ballots.
History.—s. 5, ch. 6239, 1911; RGS 1582; CGL 2430; s. 843, ch. 95-147; s. 30, ch. 2001-40.
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.
138.07 Second election when no place receives majority vote.—Should three or more places be put forward and voted for as the county seat of any county in this state, and the county commissioners of such county find that upon the canvass of the said election, as provided for in s. 138.06, that any of such places have received a majority of all the votes cast at said election, the place receiving such a majority shall be declared the county seat as aforesaid, but should the county commissioners find that no place has received a majority of all the votes cast in said election, they shall proceed at once without a petition to call a second election to be held within 30 days of the first election, and in the same manner and places as prescribed for the first election.
History.—s. 7, ch. 6239, 1911; RGS 1584; CGL 2432.
138.08 The two places receiving highest vote to be placed on ballot in second election.—Should the second election, as provided for in s. 138.07, be necessary to select the place as county seat of any county in this state, the clerk of the circuit court shall prepare the ballot as aforesaid, dropping the names or name of all places voted for in the first election except the two places receiving the highest vote in the same, and no other places shall be voted for nor shall the vote of any other place or places be counted or considered by the county commissioners in canvassing the result of such election.
History.—s. 8, ch. 6239, 1911; RGS 1585; CGL 2433.
138.09 Canvass of votes of second election; establishing county seat.—The county commissioners shall, within 5 days after the election provided for in s. 138.07 is held, meet and publicly canvass the same; and the place receiving the majority of all the votes cast shall be the county seat for the next 10 years. The county commissioners shall erect a courthouse as soon as possible and provide suitable offices for all the county officers who are required by law to keep their offices at the courthouse at the place so selected as the county seat.
History.—s. 9, ch. 6239, 1911; RGS 1586; CGL 2434; s. 1, ch. 82-43.
138.11 Unlawful use of money in election to change county seat.—Any person using money, goods or chattels in any election to change the county seat of any county, to secure votes or influence for any place as the county seat of any county in this state, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 10, ch. 6239, 1911; s. 1, ch. 6480, 1913; RGS 5904; CGL 8168; s. 80, ch. 71-136.
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.

F.S. 138 on Google Scholar

F.S. 138 on Casetext

Amendments to 138


Arrestable Offenses / Crimes under Fla. Stat. 138
Level: Degree
Misdemeanor/Felony: First/Second/Third

S138.11 - ELECTION LAWS - UNLAWFUL USE OF MONEY TO CHANGE CTY SEAT - F: T
S501.138 - PUBLIC ORDER CRIMES - FAIL TO GIVE NOTICE OF RATINGS MOVIE PREVIEW - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 138

Total Results: 20

Sherman Hills Homeowners Association, Inc. v. Sierra, Brown

Court: District Court of Appeal of Florida | Date Filed: 2025-03-07

Snippet: owners within the community; it currently charges $138 per quarter in assessments to provide such maintenance;

Thomas Caggiano v. Duval County School Board

Court: District Court of Appeal of Florida | Date Filed: 2025-02-21

Snippet: the subsequent case of Connick v. Myers, 461 U.S. 138 (1983), in which the Supreme Court further refined

Benny Boyd Mooney v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-02-12

Snippet: Perez, 187 So. 3d at 1282 (citing Antoine v. State, 138 So. 3d 1064, 1074 (Fla. 4th DCA 2014)); see also

William Hefley and Aimee J. Hefley v. Christopher Holmquist

Court: District Court of Appeal of Florida | Date Filed: 2025-02-06

Snippet: eviction.” (quoting Hankins v. Smith, 103 Fla. 892, 138 So. 494, 495 (1931))). However, a landlord is authorized

Alachua Today, Inc. v. DW Ashton Catery, Inc., Combs

Court: District Court of Appeal of Florida | Date Filed: 2025-02-05

Snippet: overseeing discovery. Bush v. Schiavo, 866 So. 2d 136, 138 (Fla. 2d DCA 2004); Waite v. Wellington Boats, Inc

Ferrari S.P.A. v. Gregory Romanelli and TR3 Racing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2025-01-29

Snippet: at home in the forum State.” Daimler, 571 U.S. at 138-39 (quoting Goodyear, 564 U.S. at 919). The analysis

Kimberly Donaldson v. Thomas Hahn

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: Underwriter’s at London v. Ruby, Inc., 801 So. 2d 138, 139 (Fla. 4th DCA 2001). Locke v. Whitehead

Etiany Maria Eloi Zufi v. Robin Gabriel Stockton and Ron Kendall Masonry, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: 4th DCA 2010); Kornblum v. Schneider, 609 So. 2d 138, 139 (Fla. 4th DCA 1992) (“Because dismissal is the

Knight v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-23

Snippet: of acquittal was properly denied. Perez v. State, 138 So. 3d 1098, 1100 (Fla. 1st DCA 2014). And this court

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

Court: District Court of Appeal of Florida | Date Filed: 2024-12-23

Snippet: had run 23 days from October 7, 1995, and the 138 days remaining, plus the ninety-day extension

Benny Boyd Mooney v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: Perez, 187 So. 3d at 1282 (citing Antoine v. State, 138 So. 3d 1064, 1074 (Fla. 4th DCA 2014)); see also

Morrow v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: violation of probation affidavit. Bonner v. State, 138 So. 3d 1101, 1102 (Fla. 1st DCA 2014). But when a

Debose v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: of a person.” People v. Starks, 701 N.W.2d 136, 138 (Mich. 2005). 7 Because the Fike court did not

Daniel K. Borders v. Glenn Harris and JPMorgan Chase Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-06

Snippet: on Garnishment. See Garcia-Lawson, 82 So. 3d at 138; Llanso v. Gomez de Cordova, 263 So. 3d 137, 140

D.L.D. v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-03

Snippet: requirements of law.” See Kellond v. State, 206 So. 3d 138, 139 (Fla. 1st DCA 2016). Here, the court wrote

Eli Wolf v. Exylena Williams

Court: District Court of Appeal of Florida | Date Filed: 2024-11-25

Snippet: appear.” (quoting Pan Am. Metal Prods. Co. v. Healy, 138 So. 2d 96, 97 (Fla. 3d DCA 1962))). Therefore, we

State of Florida v. Neri Banda

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: transmission, a third-degree felony under section 847.0138(2), Florida Statutes (2022). It alleged the transmission

Evans, Evans v. Gulf Landings Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-25

Snippet: 1065 (Fla. 4th DCA 2015) (same); Criner v. State, 138 So. 3d 557, 558 (Fla. 5th DCA 2014) (same); Felder

PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: cannot be assigned.” Ackroyd v. Smith, 10 C.B. 164, 138 Eng. Rep. 68, 77 (1850). “At common law, easements

Matos v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: impose some greater sentence." Hawkins v. State, 138 So. 3d 1196, 1200 (Fla. 2d DCA 2014) (quoting Palmore