Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 100.041 - Full Text and Legal Analysis
Florida Statute 100.041 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 100.041 Case Law from Google Scholar Google Search for Amendments to 100.041

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS
View Entire Chapter
100.041 Officers chosen at general election.
(1) State senators shall be elected for terms of 4 years, those from odd-numbered districts in each year the number of which is a multiple of 4 and those from even-numbered districts in each even-numbered year the number of which is not a multiple of 4. Members of the House of Representatives shall be elected for terms of 2 years in each even-numbered year. In each county, a clerk of the circuit court, sheriff, superintendent of schools, property appraiser, and tax collector shall be chosen by the qualified electors at the general election in each year the number of which is a multiple of 4. The Governor and the administrative officers of the executive branch of the state shall be elected for terms of 4 years in each even-numbered year the number of which is not a multiple of 4. The terms of state offices other than the terms of members of the Legislature shall begin on the first Tuesday after the first Monday in January after said election. The term of office of each member of the Legislature shall begin upon election.
(2)(a) Except as provided in s. 124.011 relating to single member districts after decennial redistricting, each county commissioner from an odd-numbered district shall be elected at the general election in each year the number of which is a multiple of 4, for a 4-year term commencing on the second Tuesday following such election, and each county commissioner from an even-numbered district shall be elected at the general election in each even-numbered year the number of which is not a multiple of 4, for a 4-year term commencing on the second Tuesday following such election. A county commissioner is “elected” for purposes of this paragraph on the date that the county canvassing board certifies the results of the election pursuant to s. 102.151.
(b) Notwithstanding paragraph (a), the governing board of a charter county may provide by ordinance, to be approved by referendum, that the terms of its members shall commence on a date later than the second Tuesday following general elections, but in any case the date of commencement shall be uniform for all members and shall be no later than the first Tuesday after the first Monday in January following each member’s election.
(3)(a) School board members shall be elected at a general election for terms of 4 years. The term of office of a school board member and of a superintendent of schools shall begin on the second Tuesday following the general election in which such member or superintendent is elected.
(b) In each school district which has five school board members, the terms shall be arranged so that three members are elected at one general election and two members elected at the next ensuing general election.
(4) The term of office of each county and each district officer not otherwise provided by law shall commence on the first Tuesday after the first Monday in January following his or her election.
History.s. 3, ch. 3879, 1889; RS 156; s. 3, ch. 4328, 1895; s. 2, ch. 4537, 1897; GS 172; s. 10, ch. 7838, 1919; RGS 217; CGL 252; s. 4, ch. 26870, 1951; s. 15, ch. 28156, 1953; s. 1, ch. 59-140; s. 1, ch. 63-479; s. 1, ch. 67-98; s. 1, ch. 67-510; s. 11, ch. 69-216; s. 1, ch. 69-300; (4) former s. 14, Art. XVIII of the State Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the State Constitution as revised in 1968; s. 1, ch. 73-47; s. 18, ch. 73-334; s. 1, ch. 77-102; s. 12, ch. 77-175; s. 1, ch. 78-321; s. 21, ch. 79-164; s. 14, ch. 85-226; s. 1, ch. 88-85; s. 14, ch. 89-338; s. 545, ch. 95-147; s. 11, ch. 98-129; s. 20, ch. 2007-30; s. 12, ch. 2022-73.
Note.Former s. 98.05.

F.S. 100.041 on Google Scholar

F.S. 100.041 on CourtListener

Amendments to 100.041


Annotations, Discussions, Cases:

Cases Citing Statute 100.041

Total Results: 14  |  Sort by: Relevance  |  Newest First

Copy

Solomon v. Liberty Cnty., Fla., 957 F. Supp. 1522 (N.D. Fla. 1997).

Cited 11 times | Published | District Court, N.D. Florida | 1997 U.S. Dist. LEXIS 4043, 1997 WL 154619

...oc. 77 at 40. The five members of the Liberty County School Board and of the Liberty County Board of County Commissioners each serve staggered four-year terms. See Fla. Const. Art. VIII, § 1(e) (West 1995 & Supp.1997) (county commission); Fla.Stat. § 100.041(2) (West 1982 & Supp.1997) (county commission); Fla.Stat. § 100.041(3) (school board); *1557 Fla.Stat....
Copy

Solomon v. Liberty Cnty., 899 F.2d 1012 (11th Cir. 1990).

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

VIII, § 1(e) (county commission); Fla.Stat. § 100.041(3) (1987) (school board). The county is divided
Copy

Perry v. State, 846 So. 2d 584 (Fla. 4th DCA 2003).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 1969095

...section 951.061, Florida Statutes, the sheriff is designated as chief correctional officer of the county correctional system. According to the state, the sheriff qualifies as a "supervising officer," who, as an elected official under Florida Statute section 100.041, remains "on duty" even though he is not physically present at the jail....
Copy

Solomon v. Liberty Cnty., 865 F.2d 1566 (11th Cir. 1988).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1988 WL 131939

...oard of Liberty County, Florida. 1 The commission governs the county; the board operates the county’s school system. Each body has five members who serve for staggered four-year terms. See Fla. Const, art. 8, § 1(e) (county commission); Fla.Stat. § 100.041(3) (1987) (school board)....
...8, § 1(e) (county commission); Fla.Stat. § 124.01 (same); id. § 230.061 (school board). In both the primary and general elections, the entire county electorate votes for one candidate from each residence district. See Fla. Const, art. 8, § 1(e) (county commission); Fla.Stat. § 100.041(2) (same); id....
Copy

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019).

Cited 1 times | Published | Supreme Court of Florida

...onday in November of each even-numbered year." Section 100.061, Florida Statutes (2018), states that "a primary election for nomination of candidates of political parties shall be held on the Tuesday 10 weeks prior to the general election." Further, section 100.041(1), Florida Statutes (2018) (emphasis added), lists the following offices, including several county constitutional offices, that are to be chosen at the general election after a primary election: *672 State senators shall be elected f...
...tion language contained in section 97.0115. The Florida Election Code contains detailed provisions specific to county constitutional officers and county elections, provisions that are within the portions of the code providing for partisan elections. Section 100.041 states that "[i]n each county, a clerk of the circuit court, sheriff, superintendent of schools, property appraiser, and tax collector shall be chosen by the qualified electors at the general election in each year the number of which is a multiple of 4." See also § 100.031, Fla....
...All county constitutional offices candidates' names shall be placed on the ballot without reference to party affiliation. Singh , 230 So.3d at 640 -41 (quoting amended charter). The portion of the ordinance that requires elections for county constitutional *675 officers to be held during the primary election conflicts with section 100.041, which requires county constitutional officers to appear on the general election ballot....
...(explaining that candidates listed on the general election ballot include those "candidates who have been nominated by a political party"); see also § 100.031, Fla. Stat. ("A general election shall be held in each county ... to choose a successor to each elective ... county ... officer ...."); § 100.041(1), Fla....
Copy

David P. Trotti v. Ken Detzner, Sec'y of State, 147 So. 3d 641 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal

...second letter to Governor Scott clarifying that his specific date of resignation was to be Friday, January 2, 2015. January 2, 2015, is three calendar days (one business day) before Judge Moran’s term was due to expire on January 5, 2015. See Art. V. §10(b)(3)b., Fla. Const.; § 100.041(4), Fla....
Copy

Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

...Section 582.18 (1), Florida Statutes, sets forth the procedures for the election of supervisors of each district: "The election of supervisors for each soil and water conservation district shall be held every 2 years. The elections shall be held at the time of the general election provided for by s. 100.041 ....
...ndidates for such office are prohibited from campaigning or qualifying for election based on party affiliation." (e.s.) Thus, the statute provides that the election of the supervisors shall be held at the time of the general election provided for in section 100.041 , Florida Statutes....
...wo are elected at the general election held in the alternate even-numbered, two-year cycle. This creates staggered terms such that there would be no election at which more than three seats on the board would be on the ballot. While the provisions in section 100.041 , Florida Statutes, address the officers who are chosen at a general election and sets forth a system of election in alternating even-numbered years, section 100.031 , Florida Statutes, states: "A general election shall be held in eac...
Copy

Citizens for Term Limits & Acct., Inc. v. Lyons, 995 So. 2d 1051 (Fla. 1st DCA 2008).

Published | Florida 1st District Court of Appeal | 2008 WL 4901370

...(Commissioner-Elect Hutchings, by consent of all parties, has been permitted to intervene in support of the Plaintiff.) The seat of the County Chair, for which there is one candidate on the ballot and one write-in-candidate, will be filled at the general election on November 4, 2008. Pursuant to § 100.041, Fla....
Copy

N.A.A.C.P. v. Gadsden Cnty. Sch. Bd., 589 F. Supp. 953 (N.D. Fla. 1984).

Published | District Court, N.D. Florida | 19 Educ. L. Rep. 524, 1984 U.S. Dist. LEXIS 18850

...chool board member residence area from which the member is elected. Section 230.04, Florida Statutes. Each member is elected at the general election held in November of each numbered year and serves a term of four years. Sections 230.05, 100.031 and 100.041(3), Florida Statutes....
...d member residence 1 district being voted upon. The candidate from each member residence district receiving the highest number of votes cast in the general election is elected to the board and is not required to receive a majority of the votes cast. Section 100.041(3)(b), Florida Statutes....
Copy

Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

...lective term that will expire after the 1974 judicial election and before the 1976 judicial election should be selected at the 1974 judicial election for a four or sixyear term that begins on the first Tuesday after the first Monday in January 1975. Section 100.041 (1), F.S.; Art....
Copy

Rick Scott, in his Off. capacity as Governor of the State of Florida v. David P. Trotti, an individual (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

exceeded the circuit court’s authority. 2 § 100.041(4), Fla. Stat. (2018). 3 Art. V, § 8, Fla
Copy

Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019).

Published | Supreme Court of Florida

...3d 504 (Fla. 2012). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision below and uphold the validity of the ordinance with the exception of the language we discuss below, which we conclude to be in direct conflict with section 100.041, Florida Statutes (2018). FACTS The underlying facts were discussed in the Fifth District’s opinion as follows: On August 19, 2014, the Orange County Board of Commis...
...does not specifically label such election as “partisan” or “nonpartisan.” See § 100.031, Fla. Stat. (2018) (“A general election shall be held in each county . . . to choose a successor to each elective . . . county officer . . . .”); § 100.041(1), Fla....
...e ballot without reference to political party affiliation” is not inconsistent with statutory law. The portion of the Orange County ordinance that requires such an election to be held at the primary election, however, is inconsistent with section 100.041, Florida Statutes (2018), which requires that county constitutional officers appear on the general election ballot....
...0.061, Florida - 15 - Statutes (2018), states that “a primary election for nomination of candidates of political parties shall be held on the Tuesday 10 weeks prior to the general election.” Further, section 100.041(1), Florida Statutes (2018) (emphasis added), lists the following offices, including several county constitutional offices, that are to be chosen at the general election after a primary election: State senators shall be elect...
...language contained in section 97.0115. The Florida Election Code contains detailed provisions specific to county constitutional officers and county elections, provisions that are within the portions of the code providing for partisan elections. Section 100.041 states that “[i]n each county, a clerk of the circuit court, sheriff, superintendent of schools, property appraiser, and tax collector shall be chosen by the qualified electors at the general election in each year the number of which is a multiple of 4.” See also § 100.031, Fla....
...Orange County, 230 So. 3d at 640-41 (quoting amended charter). As the majority properly recognizes, “[t]he portion of the Orange County ordinance that requires such an election to be held at the primary election . . . is inconsistent with section 100.041, Florida Statutes (2018), which requires that county constitutional officers appear on the general election ballot.” Majority op. at 8....
...(explaining that candidates listed on the general election ballot include those “candidates who have been nominated by a political party”); see also § 100.031, Fla. Stat. (“A general election shall be held in each county . . . to choose a successor to each elective . . . county . . . officer . . . .”); § 100.041(1), Fla....
Copy

Ago (Fla. Att'y Gen. 1985).

Published | Florida Attorney General Reports

proper classification of certain offices. Section 100.041, F.S., formerly provided that the terms of
Copy

Colbath v. Adams, 184 So. 2d 883 (Fla. 1966).

Published | Supreme Court of Florida | 1966 Fla. LEXIS 3812

...o enable him to become a candidate for the office of Public Defender of the Fifteenth Judicial Circuit. He contends that the Public Defender in the Fifteenth Circuit must be elected in a general election in November, 1966 pursuant to Florida Statute 100.041, F.S.A....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.