Florida Statute 111.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 111
PUBLIC OFFICERS: GENERAL PROVISIONS

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111.05 Officer reinstated after suspension; back pay.—An officer who is lawfully entitled to resume the duties of office after suspension by the Governor shall suffer no loss of salary or other compensation because of the suspension. Compensation which is unpaid because of the officer’s suspension is appropriated and shall be paid from the source and in the manner in which the compensation of the office is normally paid. If funds sufficient to pay the unpaid compensation are not available in the proper source, the deficit is appropriated and shall be paid from the general funds of the state or of the political subdivision under which the office exists, as the case may be.

History.—s. 1, ch. 57-71; s. 675, ch. 95-147.

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Amendments to 111.05

Annotations, Discussions, Cases:

Cases Citing Statute 111.05

Total Results: 6 | Sort by: Relevance | Newest First

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State v. Black, 385 So. 2d 1372 (Fla. 1980).

Cited 19 times | Published | Supreme Court of Florida

significant that Rule 3.140(j) is patterned after § 111-5 of the 1963 Illinois Code of Criminal Procedure

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United States v. Michael Wayne Kirkland, 12 F.3d 199 (11th Cir. 1994).

Cited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 4294, 1994 U.S. App. LEXIS 1220

predecessor and its companion statute, 18 U.S.C. § 111, 5 have traditionally been construed broadly

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In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992).

Cited 9 times | Published | Supreme Court of Florida | 1992 WL 246494

however.) The proposal is patterned after section 111-5 of the 1963 Illinois Code of Criminal Procedure

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Miller v. State, 17 So. 3d 778 (Fla. 5th DCA 2009).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 10972, 2009 WL 2407656

federal Adam Walsh Act to register. However, section 111(5)(C) of the Adam Walsh Act provides that offenses

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Flack v. Graham, 453 So. 2d 819 (Fla. 1984).

Cited 1 times | Published | Supreme Court of Florida

...557, 30 S.W.2d 274 (1930); State ex rel. Godby v. Hager, 154 W. Va. 606, 177 S.E.2d 556 (1970). In appropriate cases, double payment of salary is desirable to preclude the public authorities from approving intrusion with impunity upon a public office. See, e.g., § 111.05, Fla....

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Andrew H. Warren v. Ron DeSantis (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: May 2, 2023

under Florida law. See Fla. Stat. § 111.05. Section 111.05 states that “[a]n officer who is lawfully

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