Florida/Georgia Personal Injury & Workers Compensation

...ies in the office of circuit judge shall not extend beyond, but shall expire at midnight January 2, 1961. The defendants, appellants, contend that under the provisions of Sections 6 and 7, Article XVIII, Florida Constitution, and Sections 114.01 and 114.04, Florida Statutes, F.S.A., any such appointments and commissions issued pursuant thereto should extend to the first Tuesday after the first Monday in January 1963, i.e....

...elled completely and clearly by the legislature through the adoption of ch. 114, F.S.A. This chapter of the statutes does two things pertinent here. First, in Section 114.01 it prescribes the cases in which offices shall be deemed vacant. Second, in Section 114.04 it prescribes the mode of filling all offices which shall have fallen vacant. The pertinent sections of this chapter, Sections 114.01 and 114.04, were adopted in 1868 (ch....

...* * *." The newly created offices of circuit judge fall within the provisions of Section 114.01(6) above quoted. They are offices created under the constitution. They have not been filled either by election or appointment. They are therefore subject to being filled under the authority of Section 114.04 which reads: "In all such cases, and in all other cases in which a vacancy may occur, if the office be a state, district or county office (other than a member or officer of the legislature), the governor shall fill such office by appoi...

...It does not list the expiration of a term of office of an elective office, which has been lawfully filled by appointment, as being a cause of a vacancy. Nor have we found any other provision of law which would create a vacancy in such a case. The fact is that the clear-cut provisions of Section 114.04 and Section 14, Article XVI, Fla....

...st then undertake to ascertain whether any "mode is provided" by the Constitution or laws of the State. This leads us to Section 114.01(6), Florida Statutes, F.S.A., which provides that when an office is created and has not been filled it is vacant. Section 114.04, Florida Statutes, F.S.A., authorizes the Governor to fill such vacancy and it further provides that the appointee shall "hold such office until the same shall be filled by an election." The term of such appointee is expressly provided...

...nce to a specific matter it is to the exclusion of any or all constructions upon the same subject [1] . Therefore I am convinced that there can be no election of circuit judges until the year 1966. Neither Section 6 of Article XVIII nor F.S. Chapter 114.04, F.S.A....

...ppointment any vacancy in a state or county office for the remainder of the term of an appointive office. * * * ’ (Emphasis added) “In 1970, the Florida Legislature enacted Chapter 70-395 [70-385], Laws of Florida, which provides in part : “‘114.04 Filling vacancies....

...n by the Senate was void. These contentions were not sustained, this Court saying: “[T]he provisions of Section 7 of Article IV that a commission to fill a vacancy shall be ‘for the unexpired term’ may not be applied in the instant case, since Section 114.04, Florida Statutes, specifically provides a ‘mode * * * for filling such vacancy’, to wit: ‘ * in cases requiring the confirmation or the advice and consent of the senate, the person so appointed may hold until the end of the next...

...be sooner made and confirmed and consented to by the senate.’ “Since then, the Governor was not exercising his original power of appointment under Section 33.03, but was proceeding under the powers granted by Article IV, Section 7, as limited by Section 114.04, supra, he was authorized to appoint only in the manner specified therein, to wit: his appointment was required to be limited ‘until the end of the next ensuing session of the senate unless an appointment be sooner made and confirmed...

...148 , 2 So.2d 372 (as to assistant state attorneys); Advisory Opinion to Governor, 147 Fla. 157 , 2 So.2d 378 (as to newly created offices of circuit judges in Dade County.) “For the reasons stated, it must be held that the commission of the respondent was properly limited, as provided by Section 114.04, supra; that upon the appointment by the Governor and confirmation of the relator as Judge of the Civil Court of Record of Dade County, the respondent’s ad interim appointment terminated and expired; and that the relator is entitled...

...incumbent Governor was not required to submit the name of the ad interim appointee. He had a right to make his own appointment and transmit the name of his appointee to the Senate for confirmation. Chapter 70-385, Laws of Florida, amended Fla.Stat. § 114.04, F.S.A., so that the following words in old § 114.04, “[I]n cases requiring the confirmation or the advice and consent of the senate, the person so appointed may hold until the end of the next ensuing session of the senate unless an appointment be sooner made and confirmed and consented to...

...lection and, except as provided in the State Constitution, to fill each vacancy in elective office for the unexpired portion of the term ." (e.s.) You note that there may be a conflict between the provisions in section 582.18 , Florida Statutes, and section 114.04 , Florida Statutes. Section 114.04 , Florida Statutes, states: "Except as otherwise provided in the State Constitution, the Governor shall fill by appointment any vacancy in a state, district, or county office, other than a member or officer of the Legislature, for the...

...onservation boards. However, there is nothing in the legislation that would suggest that the Legislature intended to grant a more expansive authority to appoint individuals to fill vacancies on the board than the authority granted to the governor in section 114.04 , Florida Statutes....

...Our Legislature has adopted a general statute which provides a method of filling certain vacancies in office. Section 114.01, Florida Statutes, F.S.A., reads in part: “Every office shall be deemed vacant in the following cases: % % ^ # ‡ ‡ “(3) By his removal.” Section 114.04, provides: “114.04 Filling vacancies.—In all such cases, and in all other cases in which a vacancy may occur, if the office be a state, district or county office (other than a member or officer of the legislature), the governor shall fill such office by appoin...

...ion or the advice and consent of the senate, the person so appointed may hold until the end of the next ensuing session of the senate unless an appointment be sooner made and confirmed and consented to by the senate.” (Italics supplied.) When F.S. Section 114.04, F.S.A., is applicable, as it is here, the appointee to fill the vacancy only receives an ad interim appointment until the first Tuesday after the first Monday in January after the next following general election unless the statute whi...

...Although Section 10 does set forth how the County Solicitor shall be nominated and elected and his term of office, it does not concern itself with any vacancy which might occur in this office. There being no specific provision in Chapter 61-605 governing a vacancy in the office of County Solicitor, F.S. Section 114.04, F.S.A., is applicable....

...the Court of Crimes became vacant under Section 114.01, Florida Statutes 1955, and F.S.A., making it necessary for the governor to appoint a successor to hold the office “until the same [should] be filled by an election as provided by law * * *_» Section 114.04, Florida Statutes 1955, and F.S.A....

read as it now appears in s 114.04, F.S. 1983. Section 114.04, F.S. 1983, in pertinent part provides:

...A.] Section 114.01 of such Chapter lists some 10 specific instances where a vacancy is deemed to exist. An unexplainable disappearance as involved in the case of Judge Chillingworth, is not one of the specific instances listed in Section 114.01. However, Chapter 114, F.S. [F.S.A.] contains a flexible provision in Section 114.04, which indicates the instances detailed in Section 114.01 are not the only ones where the Governor may exercise the power to appoint a successor. Such Section 114.04 provides that in all cases such as listed in Section 114.01 and in all other cases in which a vacancy may occur, an appointment may be made....

...of the State Attorney. In November, 1954, Judge Chillingworth was re-elected for a full six-year term beginning in January, 1955. Section 114.01, Florida Statutes 1955, F.S.A., provides the circumstances under which an office becomes vacant and Sec. 114.04, Florida Statutes 1955, F.S.A., provides the means for filling such vacancies....

...Bird, 120 Fla. 780 , 163 So. 248, 255 ; and is thus to be “deemed vacant” under F.S. § 114.01, F.S.A. Í therefore find it unnecessary to consider the effect of the language “and in all other cases in which a vacancy may occur * * * ” contained in F.S. § 114.04, F.S.A., to which you allude....

...7 of the Florida Constitution grants to the Governor the power to fill a vacancy by granting a commission for the unexpired term only when “no mode is provided by this Constitution or by the laws of the State for filling such vacancy * * *. ” We have held that under this section, as implemented by F.S. § 114.04, F.S.A., persons appointed by the Governor to fill vacancies occurring in elective offices shall take and hold such office only until the same shall be filled by election as provided by law....

...when the Senate is in session; and when the Senate is not in session, the Governor may act, alone, to fill a vacancy in such an office only by virtue of the provisions of Section 7 of Article IV of the Constitution, F.S.A., as limited and defined by Section 114.04, Florida Statutes, F.S.A....

...on or appointment under the constitution or law creating * * * such office.” However, the provisions of Section 7 of Article IV that a commission to fill a vacancy shall be “for the unexpired term” may not be applied in the instant case, since Section 114.04, Florida Statutes, specifically provides a “mode * * * for filling such vacancy”, to wit; " * * * in cases requiring the confirmation or the advice and consent of the senate, the person so appointed may hold until the end of the ne...

...nt be sooner made and confirmed and consented to by the senate.” Since then, the Governor was not exercising his original power of appointment under Section 33.03, but was proceeding under the powers granted by Article IV, Section 7, as limited by Section 114.04, supra, he was authorized to appoint only in the manner specified therein, to wit: his appointment was required to be limited “until the end of the next ensuing session of the senate unless an appointment be sooner made and confirmed...

...148 , 2 So.2d 372 (as to assistant state attorneys); Advisory Opinion to Governor, 147 Fla. 157 , 2 So.2d 378 (as. to newly created offices of circuit judges in Dade County.) For the reasons stated, it must be held that the commission of the respondent was properly limited, as provided by Section 114.04, supra; that upon the' appointment by the Governor and confirmation of the relator as Judge’of the Civil Court of Rec *266 ord of Dade County, the respondent’s ad interim appointment terminated and expired ; and that the relator is...

prescribing when a vacancy in office occurs, and section 114.04, Florida Statutes, authorizing the Governor

in the same manner as initial appointment.” Section 114.04, Florida Statutes, specifically provides in

for filling vacancies in district offices. Section 114.04, Florida Statutes, states: "Except as otherwise

general law relating to vacancies in office. Section 114.04, F. S., provides in part as follows: Except

...Nance could have claimed the four-year term to which he had been elected at any time within sixty days after his election as authorized by F.S. Section 114.01(5), F.S.A., but at the expiration of that sixty-day period the office was abandoned by him and the Governor was authorized by Florida Statute 114.04, F.S.A., to make an appointment until the first Tuesday after the first Monday in 1967....

...the four-year term which began on January 5, *885 1965 and will end on the first Tuesday after the first Monday in 1969. Section 7 of Article IV of the Constitution of Florida, F.S.A., does not apply in this case because it has been implemented by F.S. 114.04, F.S.A., in that a mode for filling the vacancy has been provided by statute; nor does Section 6 of Article XVIII apply because the office here under consideration is a statutory, rather than a constitutional, office....

...illing such vacancy, ..the Governor shall have the power to fill such vacancy by granting a commission for the unexpired term.” Section 461, C.G.L., now Section 114.01 Florida Statutes 1941, defines vacancies in office, and Section 464 C.G.L., now Section 114.04 Florida Statutes 1941, provides that: “In all such cases, and in all other cases in which a vacancy may occur, if the office be a State, district or county office (other than a member or officer of the Legislature), it shall be the d...

...ection and qualification of a successor or successors following the next general election." 3 The Authority has questioned whether it still possesses the authority to fill the vacancy in light of Article IV , section 1 (f), Florida Constitution, and section 114.04 , Florida Statutes....

...Membership on the Authority, created to perform a special and limited governmental function, does not constitute a state or county office. 4 Thus, the above constitutional provision is inapplicable to the Authority. 5 Unlike Article IV , section 1 (f), Florida Constitution, however, section 114.04 , Florida Statutes, specifically refers to vacancies in district offices: "Except as otherwise provided in the State Constitution, the Governor shall fill by appointment any vacancy in a state, district, or county office, other than a...

...ointive officer and for the remainder of the term of an elective office, if there is less than 28 months remaining in the term; otherwise, until the first Tuesday after the first Monday following the next general election. . . ." Despite language in section 114.04 , Florida Statutes (1963), which authorized the Governor to fill vacancies in district offices, 6 the Legislature in 1965 specifically amended section 2.2 of the Authority's enabling legislation to provide that vacancies on the board of commissioners would be filled by the remaining commissioners....

...Att'y Gen. Fla. 84-21 (1984), noting, as had the Speaker of the House of Representatives who had requested the opinion, that Art. IV , s. 1 (f), Fla. Const., "provides for the Governor to fill by appointment any vacancy in state or county office." 6 See, s. 114.04 , Fla....