Florida Statute 388.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 388
MOSQUITO CONTROL

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388.101 District boards of commissioners; term of office.—

(1) Following the creation of the district, and in the general election each 4 years thereafter, the district board of commissioners shall be elected on a nonpartisan basis by the electors of the district. The three persons receiving the highest number of votes cast in the general election shall serve 4 years and shall take office at the same time as do other county officers, on the first Tuesday after the first Monday in January next after their election, and serve on the same cycle as do other constitutional county officers.

(2) The district board of commissioners may, by resolution, elect to increase the membership of the board to five commissioners to be elected on a nonpartisan basis in the manner specified by subsection (1) to terms of 4 years each.

(3) The district board of commissioners may, by resolution, elect to stagger the terms of office of the members of the board. If the board of commissioners is composed of three members, at the first general election following the resolution the electors of the district shall elect three commissioners, one to a term of office of 2 years and the other two to terms of office of 4 years. If the board of commissioners is composed of five members, the electors of the district shall, at the first general election following the resolution, elect five commissioners, two to terms of office of 2 years and three to terms of office of 4 years. The board of commissioners shall, in their resolution, designate the term of office of each seat on the board for the purposes of the initial election following the resolution. Each commissioner shall hold his or her office until a successor is elected and qualified. Thereafter, each commissioner shall be elected to a 4-year term of office.

(4) The district board of commissioners, if it resolves to increase the membership of the board or stagger the terms of office of the members of the board, must do so at least 1 month prior to the opening of the qualifying period for the next general election. Resolutions to increase board membership and stagger terms of office may be effective at the same general election.

(5) The board of county commissioners shall call and provide for said election. Members of the district board of commissioners shall be resident registered electors.

History.—s. 2, ch. 59-195; s. 1, ch. 63-236; s. 10, ch. 80-281; s. 4, ch. 86-203; s. 690, ch. 95-148.

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Ago (Fla. Att'y Gen. 1992).

Published | Florida Attorney General Reports

Randy Ludacer County Attorney QUESTION: Does a special act creating a mosquito control district which provides for the partisan election of the board of commissioners prevail over s. 388.101 (1), F.S., which provides for the nonpartisan election of district boards of commissioners of mosquito control districts? SUMMARY: In the absence of legislative or judicial clarification, the provisions of a special act creating a mosquito...

...This office has been advised that based upon the language in the special act and election laws, commissioners for the district have been elected on a partisan basis. 1 Recently, however, during an investigation by the state attorney into the residency of one commissioner, the issue was raised as to whether s. 388.101 (1), F.S., providing for the nonpartisan election of mosquito control district commissioners would pre-vail over the provisions of the special act....

...You, therefore, ask whether the provisions of the general law prevail over a special act providing for the partisan election of commissioners. From the information provided to this office, it appears that the county attorney has advised you that the special act prevails over s. 388.101 , F.S....

...3 A general act, however, may operate to repeal an inconsistent special law, even though containing no general repealing clause, where the general law is an overall revision of the whole subject or where the legislative intent is clear that one should repeal or modify the other. 4 Section 388.101 (1), F.S., provides in part: Following the creation of the district, and in the general election each 4 years thereafter, the district board of commissioners shall be elected on a nonpartisan basis by the electors of the district....

...388 , F.S., to mean "any mosquito control district established in this state by law for the express purpose of controlling arthropods within boundaries of said districts." 5 Such a definition would include districts created by special act of the Legislature. The language in s. 388.101 (1), providing for the non-partisan election of commissioners was first adopted by s....

...neral rules of statutory construction, until this matter is legislatively or judicially clarified, it appears that the provisions of the special act creating the Monroe County Mosquito Control District would prevail over any conflicting provision of s. 388.101 (1), F.S....