Florida Statutes

Fla. Stat. § 567.12 (2025)

Proceedings to test legality of election.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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567.12 Proceedings to test legality of election.—Any resident of any county in this state in which an election may be held or which may hereafter be held to determine whether the sale of intoxicating liquors, wines, or beer should be prohibited or permitted in such county and, if permitted by such election, to determine whether such sale should be restricted to “Sales by the package,” as such term is defined in s. 567.01, shall have the right to test the legality and regularity of such election by suit in equity in the circuit court of such county to be filed against the county commissioners thereof; and in case any such election shall be adjudged to be illegal and void in any such suit such judgment shall have the effect of nullifying such election in toto as to all inhabitants of such county whether they were parties to such suit or not; provided, no such suit shall be brought to test the validity of any such election unless the same shall be instituted within 90 days after the recording of the declaration of the result of any such election in the minutes of the board of county commissioners.

History.—s. 1, ch. 5247, 1903; GS 1216; CGL 1936 Supp. 4151(205); s. 4, ch. 23747, 1947; s. 2, ch. 29737, 1955.

Notes of Decisions

Cited in 1 case, 1947–1947 · leading case: Pearson v. Taylor, 32 So. 2d 826 (Fla. 1947).

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Pearson v. Taylor, 32 So. 2d 826 (Fla. 1947). · cites it 2× “: Pursuant to Section 567.12, F.S.A., a bill was filed to vacate and set aside the results of a local option election prohibiting the sale of liquor, when the pleadings were settled, and agreed statement of fact was entered into which disclosed that the *776 petition submitted…”

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