Florida Statute 80.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 80
QUO WARRANTO

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80.01 Quo warranto; refusal of Attorney General to institute.—Any person claiming title to an office which is exercised by another has the right, on refusal by the Attorney General to commence an action in the name of the state upon the claimant’s relation, or on the Attorney General’s refusal to file a petition setting forth the claimant’s name as the person rightfully entitled to the office, to file an action in the name of the state against the person exercising the office, setting up his or her own claim. The court shall determine the right of the claimant to the office, if the claimant so desires. No person shall be adjudged entitled to hold an office except upon full proof of the person’s title to the office in any action of this character.

History.—s. 2, ch. 1874, 1872; RS 1782; GS 2259; RGS 3582; CGL 5447; s. 30, ch. 67-254; s. 419, ch. 95-147.

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Amendments to 80.01

Annotations, Discussions, Cases:

Cases Citing Statute 80.01

Total Results: 12 | Sort by: Relevance | Newest First

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Kissimmee River Valley Sportsman Ass'n v. City of Lakeland, 250 F.3d 1324 (11th Cir. 2001).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit | 2001 WL 497373

particular body of water. See 50 C.F.R. § 80.1(1) ("Common horsepower is defined as any size motor

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State Ex Rel. Christian v. Austin, 302 So. 2d 811 (Fla. 1st DCA 1974).

Cited 5 times | Published | Florida 1st District Court of Appeal

...of it." Ervin & Rhodes, Quo Warranto in Florida, 4 U.Fla.L.Rev. 559 (1951) (Footnotes omitted). In their briefs and during oral arguments Respondents conceded that notwithstanding the language of Rule 4.5, subd. c(1), Florida Appellate Rules, and F.S. 80.01, the power and authority of an Assigned State Attorney, if it is to be challenged, should be tested in a direct proceeding by way of quo warranto, citing Hart v....

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In re the Extradition of Ferriolo, 126 F. Supp. 3d 1297 (M.D. Fla. 2015).

Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 120736, 2015 WL 5165244

convicted of laws including sections 73(1) and (4), section 80(1) and (2), section 81(2), and section 112(2)

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Fouts v. Bolay, 795 So. 2d 1116 (Fla. 5th DCA 2001).

Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 13894, 2001 WL 1175338

Bruce v. Kiesling, 632 So.2d 601 (Fla.1994). Section 80.01 of the Florida Statutes (1999) authorizes the

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Kissimmee River Valley v. City of Lakeland (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit

suitable for a particular body of water. See 50 C.F.R. § 80.1(1) (“Common horsepower is defined as any size motor

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Kissimmee River Valley v. City of Lakeland (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit

suitable for a particular body of water. See 50 C.F.R. § 80.1(1) ("Common horsepower is defined as any size

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United States v. Anastasio Moore, 253 F.3d 607 (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 11760

Pattern Jury Instructions (Criminal Cases), Section 80.1 (West 1997). We note that it might be advisable

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United States v. Anastasio Moore, 253 F.3d 607 (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit

Pattern Jury Instructions (Criminal Cases), Section 80.1 (West 1997). We note that it might be advisable

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In re the Reinstatement of McGregor, 122 So. 2d 7 (Fla. 1960).

Published | Supreme Court of Florida | 1960 Fla. LEXIS 2187

Amercia in violation of Title 18, United States Code, § 80.1 He was adjudged guilty and sentenced to imprisonment

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Washington Cnty. Kennel Club, Inc. v. State ex rel. Ward, 107 So. 2d 176 (Fla. Dist. Ct. App. 1958).

Published | District Court of Appeal of Florida

person whose rights are affected. * M-- * ” Section 80.01, Florida Statutes, F.S.A., provides: “Any person

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Bailey v. Laurie, DeSantis (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

circumstances when a person may file a petition. See § 80.01, Fla. Stat. (“Any person claiming title to an office

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Butterworth v. Espey, 523 So. 2d 1278 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1037, 1988 Fla. App. LEXIS 1729, 1988 WL 39148

suit unless they claim entitlement to the office. § 80.01, Fla.Stat. (1985); State ex rel. Clark v. Klingensmith

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