Florida Statute 189.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIII
PLANNING AND DEVELOPMENT

Chapter 189
UNIFORM SPECIAL DISTRICT ACCOUNTABILITY ACT

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F.S. 189.04

189.04 Elections; general requirements and procedures.—

(1) If a dependent special district has an elected governing body, elections shall be conducted by the supervisor of elections of the county wherein the district is located in accordance with the Florida Election Code, chapters 97-106.

(2)(a) Any independent special district located entirely in a single county may provide for the conduct of district elections by the supervisor of elections for that county. Any independent special district that conducts its elections through the office of the supervisor shall make election procedures consistent with the Florida Election Code.

(b) Any independent special district not conducting district elections through the supervisor of elections shall report to the supervisor in a timely manner the purpose, date, authorization, procedures, and results of each election conducted by the district.

(c) A candidate for a position on a governing body of a single-county special district that has its elections conducted by the supervisor of elections shall qualify for the office with the county supervisor of elections in whose jurisdiction the district is located. Elections for governing body members elected by registered electors shall be nonpartisan, except when partisan elections are specified by a district’s charter. Candidates shall qualify as directed by chapter 99. The qualifying fee shall be remitted to the general revenue fund of the qualifying officer to help defray the cost of the election.

(3)(a) If a multicounty special district has a popularly elected governing body, elections for the purpose of electing members to such governing body shall conform to the Florida Election Code, chapters 97-106.

(b) With the exception of those districts conducting elections on a one-acre/one-vote basis, qualifying for multicounty special district governing body positions shall be coordinated by the Department of State. Elections for governing body members elected by registered electors shall be nonpartisan, except when partisan elections are specified by a district’s charter. Candidates shall qualify as directed by chapter 99. The qualifying fee shall be remitted to the Department of State.

(4) With the exception of elections of special district governing body members conducted on a one-acre/one-vote basis, in any election conducted in a special district the decision made by a majority of those voting shall prevail, except as otherwise specified by law.

(5) The provisions of this section shall not apply to community development districts established pursuant to chapter 190 or to water management districts created and operated pursuant to chapter 373.

(6) Nothing in this act requires that a special district governed by an appointed governing body convert to an elected governing body.

History.—s. 12, ch. 89-169; s. 13, ch. 97-255; s. 2, ch. 98-320; s. 52, ch. 2007-30; s. 27, ch. 2014-22.

Note.—Subsections (1)-(4) former s. 189.405(1)-(4); subsections (5), (6) former s. 189.405(6), (7).

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Amendments to 189.04

Arrestable Offenses / Crimes under Fla. Stat. 189.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 189.04.

Annotations, Discussions, Cases:

Cases Citing Statute 189.04

Total Results: 10

STEVEN A. SCHULTZ v. ANNEMARIE SCHULTZ N/K/A ANNEMARIE WISSINK

Court: District Court of Appeal of Florida | Date Filed: 2021-07-21

Snippet: St. Lucie, Inc., 863 So. 2d 189, 4 the MSA’s early termination

Carpenter v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-12-22

Citation: 917 So. 2d 962, 2005 WL 3487806

Snippet: 082(3)(c), Fla. Stat. (1995). The trial court imposed 189.4 months of incarceration followed by 120 months of

Carpenter v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-04-26

Citation: 870 So. 2d 955, 2004 Fla. App. LEXIS 5657, 2004 WL 875108

Snippet: 082(3)(c), Fla. Stat. (1995). The trial court imposed 189.4 months of incarceration followed by ten years of

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-01-08

Snippet: elements of a lottery. 3 See, e.g., AGO's 90-35 and 55-189. 4 See, AGO 66-41. 5 McBride v. State, 22 So. 711

Belcher v. Kier

Court: District Court of Appeal of Florida | Date Filed: 1990-02-02

Citation: 558 So. 2d 1039, 1990 WL 7521

Snippet: 1985 $168 (15.0%) 1986 $181 (8.3%) 1987 $189 (4.4%) 1988 $197 (4.2%) [4] The terms "Consumer

State v. Avery

Court: District Court of Appeal of Florida | Date Filed: 1988-08-03

Citation: 531 So. 2d 182, 1988 WL 79362

Snippet: issued April 8, 1987, but not reported in F.L.W. *189 4. Hunter v. State (I), the original opinion which

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-06-22

Snippet: D.C.A. Fla., 1978); Martin v. State, 243 So.2d 189 (4 D.C.A. Fla., 1971). Section 948.03, F.S., sets

Brown v. Stanwick Intern., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1979-01-23

Citation: 367 So. 2d 241

Snippet: " West v. United States, 361 U.S. 118, 80 S.Ct. 189, 4 L.Ed.2d 161 (1959); converted to a grain storage

McEwen Et Ux. v. Growers Loan Guar. Co.

Court: Supreme Court of Florida | Date Filed: 1932-02-08

Citation: 139 So. 805, 104 Fla. 176

Snippet: interest from January 2, 1931, had grown to $25,189.04 *Page 189 leaving a balance due to the complainant

Griffin v. Orman

Court: Supreme Court of Florida | Date Filed: 1860-07-01

Citation: 9 Fla. 22

Snippet: note, also, see Ranelaugh vs. Hayes, 1 Vernon, 189; 4 Dessausure, 44. What is a covenant of indemnity