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Florida Statute 102.1682 | Lawyer Caselaw & Research
F.S. 102.1682 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 102.1682

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
View Entire Chapter
F.S. 102.1682
102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum.
(1) If the contestant is found to be entitled to the office, if on the findings a judgment to that effect is entered, and if the adverse party has been commissioned or has entered upon the duties thereof or is holding the office, then a judgment of ouster shall be entered against such party. Upon presentation of a certified copy of the judgment of ouster to the Governor, the Governor shall revoke such commission and commission the person found in the judgment to be entitled to the office.
(2) If a judgment is entered setting aside a referendum, the election shall be void.
History.s. 9, Art. 10, ch. 38, 1845; RS 201; GS 285; RGS 381; CGL 446; s. 3, ch. 26870, 1951; s. 18, ch. 65-378; s. 29, ch. 77-175.
Note.Former s. 104.08; s. 99.211; s. 102.163.

F.S. 102.1682 on Google Scholar

F.S. 102.1682 on Casetext

Amendments to 102.1682


Arrestable Offenses / Crimes under Fla. Stat. 102.1682
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 102.1682.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEVY, v. W. WOODS, v. W. v., 195 So. 3d 1161 (Fla. Dist. Ct. App. 2016)

. . . remind the case to the trial court for further proceedings consistent with this opinion and section 102.1682 . . .

BURNS, v. TONDREAU, A., 139 So. 3d 481 (Fla. Dist. Ct. App. 2014)

. . . McPherson case makes it clear that any statutory right to contest an election pursuant to §§ 102.168 and 102.1682 . . . . to attack the ... residency qualifications [of a candidate] under statutory sections [102.168 and 102.1682 . . .

BROWARD COUNTY CANVASSING BOARD, v. S. HOGAN,, 607 So. 2d 508 (Fla. Dist. Ct. App. 1992)

. . . A companion to the contest statute is section 102.1682, which enumerates the remedies available for the . . . In relevant part, section 102.1682, Florida Statutes (1991), states: 102.1682 Judgment of ouster; revocation . . .

HARDEN, v. GARRETT,, 483 So. 2d 409 (Fla. 1985)

. . . jurisdiction, evidence was admitted respecting the requisites of sections 102.168 (election contest) and 102.1682 . . .

HARDEN v. GARRETT,, 13 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1985)

. . . to permit the matter to go forward as an election contest under the provisions of Sec’s. 102.168 and 102.1682 . . . now believes and holds as a matter of law, that the election contest provisions of Sec’s. 102.168 and 102.1682 . . . in a constitutional sense that if the elections contest mechanism prescribed in Sec’s. 102.168 and 102.1682 . . . Harden asks this Court to oust Representative Ward from the Legislature pursuant to Sec. 102.1682 or, . . .

McPHERSON, v. FLYNN,, 397 So. 2d 665 (Fla. 1981)

. . . Respondent grounds his cause of action in sections 102.168 and 102.1682, Florida Statutes (1979), relating . . . See §§ 102.168, 102.1682 Fla.Stat. (1979). . . . dismiss previously filed, and he denied the motion as had the original judge. .Sections 102.168 and 102.1682 . . . an indispensable party to any action brought to contest the election or nomination of a candidate. 102.1682 . . .