Title: Vacating Office Chapter 114
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Title: Vacating Office Chapter 114
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Vacating Office Chapter 114 F.S. 1985
General Note: Box 7, Folder 2 ( Vail Conference 1987 - 1987 ), Item 23
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Volume ID: VID00001
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C S. 1985


CHAPTER 114

VACATING OFFICE


114.01
114.02
114.03

114.04
114.05


Office deemed vacant in certain cases.
Absence from state of certain officers.
Certain executive officers not to absent them-
selves from the state.
Filling vacancies.
Issuance of letter of appointment; confirmation
by the Senate; refusal or failure to confirm.


114.01 Office deemed vacant in certain cases.-
(1) A vacancy in office shall occur:
(a) Upon creation of an office.
(b) Upon the death of the incumbent officer.
(c) Upon removal of the officer from office.
(d) Upon the resignation of the officer and accep-
tance thereof by the Governor.
(e) Upon the succession of the officer to another of-
fice.
(f) Upon the officer's unexplained absence for 60
consecutive days.
(g) Upon the officer's failure to maintain the resi-
dence required of him by law.
(h) Upon the failure of a person elected or appointed
to office to qualify for office within 30 days from the com-
mencement of the term of office.
(i) Upon the refusal of the person elected or appoint-
ed to accept the office.
(j) Upon the conviction of the officer of a felony as
defined in s. 10, Art. X of the State Constitution.
(k) Upon final adjudication, in this state or in any oth-
er state, of the officer to be mentally incompetent.
(I) Upon the rendition of a final judgment of a circuit
court of this state declaring void the election or appoint-
ment of the incumbent to office.
(2) With respect to paragraphs (b) and (f)-(k) of sub-
section (1), the Governor shall file an executive order
with the Secretary of State setting forth the facts which
give rise to the vacancy, and he shall include in such or-
der the title of the office, the name of the incumbent offi-
cer or person who held the office, and the date on which
the vacancy in office occurred. The office shall be con-
sidered vacant as of the date specified in the executive
order or, in absence of such a date, as of the date the
executive order is filed with the Secretary of State.
HiAtoy.-s. 1, ch. 1633. 1868; RS 214; GS 298: RGS 396; CGL 461; s. 25. ch.
71-355; s. 1, ch. 77-235.

114.02 Absence from state of certain officers.-
When any officer of the executive branch other than a
Cabinet officer desires to be absent from the state for
a period of 60 consecutive days or more, he shall be per-
mitted to do so upon notifying the Governor in writing
of his intention, but he shall return to the state and to the
performance of his duties whenever requested by the
Governor to do so, and upon his failure so to do the Gov-
ernor may declare his office vacant pursuant to s.
114.01.
* MHsltory.-ch 1749. 1870, RS 215, GS 299. GS S 397 CGL 462:; 2, ch 77235.
114.03 Certain executive officers not to absent
themselves from the state.-The Secretary of State, At-


torney General, Comptroller, Treasurer, Commissioner
of Education, and Commissioner of Agriculture shall re-
side at the capital, and no member of the Cabinet shall
absent himself from the state for a period of 60 consecu-
tive days or more without the consent of the Governor
and a majority of the Cabinet. If a Cabinet officer should
refuse or fail to comply with and observe the require-
ments of this section, his office may be deemed vacant
pursuant to paragraph (f) or paragraph (g) of s.
114.01(1), as appropriate.
HIstoy.-ch. 1845, 1871; RS 216; GS 300; RGS 396; CGL 463; s. 1. ch. 69-300;
. 2, ch. 77-235.

114.04 Filling vacancies.-Except as otherwise
provided in the State Constitution, the Governor shall fill
by appointment any vacancy in a state, district, or coun-
ty office, other than a member or officer of the Legisla-
ture, for the remainder of the term of an appointive offi-
cer and for the remainder of the term of an elective of-
fice, 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. With respect to any
office which requires confirmation by the Senate, the
person so appointed may hold an ad interim term of of-
fice subject to the provisions of s. 114.05. Each secre-
tary or division director of a department of the executive
branch who is required by law to be appointed by the
Governor and confirmed by the Senate shall serve at the
pleasure of the Governor, unless otherwise provided by
law, and the appointment of such person shall run con-
currently with the term of the Governor making the ap-
pointment. In the event a Governor is elected to a sec-
ond term of office pursuant to s. 5, Art. IV of the State
Constitution, each secretary or division director so ap-
pointed shall be reappointed or, at the discretion of the
Governor, replaced by a new appointee. Reappoint-
ments to the same office shall be subject to confirmation
by the Senate as provided in s. 114.05.
HItoy.-s. 2. ch. 1633. 1868; RS 217; GS 301. RGS 399: CGL 464; s 1, ch
70-385; s. 2, ch. 77-235; s. 68. ch. 79-400
114.05 Issuance of letter of appointment; confir-
mation by the Senate; refusal or failure to confirm.-
(1) When a vacancy in office is filled by appointment
which requires confirmation by the Senate:
(a) The Governor shall issue and transmit to the Sec-
retary of State for filing a letter of appointment. The letter
shall contain the legal authority under which the appoint-
ment is made; the proper designation of the office; the
full name and address of the appointee; the term of of-
fice to which the appointment is made; and the effective
date of the appointment, which date shall be on or after
the date of recording of the letter of appointment. The
Secretary of State shall promptly file the letter and trans-
mit to the appointee an oath of office, questionnaire for
executive appointment, and bond form when required.
Upon receipt of the questionnaire, oath of office, and
bond if required, the Secretary of State shall transmit to
the appointee a certificate of appointment, under seal,
certifying that the appointment was made of the appoin-


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Ch. 114


VACATING OFFICE


FS. 1985











VACATING OFFICE


tee to the office, for the term indicated in the letter of ap-
pointment. The certificate shall also provide that the ap-
pointment is subject to confirmation by the Senate at
the next regular session of the Legislature following the
effective date of the appointment.
(b) The Department of State shall distribute and
cause to be prepared and submitted by each appointee
a biographical questionnaire, verified under oath or affir-
mation, in the form prescribed by the President of the
Senate. The department shall transmit the completed
questionnaire and a copy of the certificate of appoint-
ment to the President of the Senate or his designee with-
in 30 days from the receipt by the department of the let-
ter of appointment. Upon receipt of the certificate, the
President of the Senate shall lay the appointment before
the Senate for confirmation in accordance with this sec-
tion and the applicable Senate rules.
(c) If the Senate confirms the appointment, the fact
of such confirmation shall be spread upon the pages of
the Journal of the Senate; and thereafter a certificate of
Senate confirmation shall be issued by the President of
the Senate and attested to by the Secretary of the Sen-
ate. A true copy of this certificate shall be filed with the
Secretary of State, and the original thereof shall be deliv-
ered to the appointee. Upon receipt by him of the certifi-
cate of Senate confirmation, the Secretary of State shall
cause a commission to be prepared and transmitted to
the Governor for signature. After the commission has
been duly signed, countersigned, and sealed, it shall be
delivered to the appointee. The commission shall speci-
fy, among the other things prescribed in paragraph (a),
the date on which the appointment was confirmed and
the expiration date of the term of office.
(d) If the Senate refuses to confirm the appointment,
the fact of such refusal or rejection shall be spread upon
the pages of the Journal of the Senate; and thereafter
a certificate of refusal to confirm shall be issued, attest-
ed, filed, and delivered in accordance with paragraph
(c). Unless an earlier date is specified in the motion to
refuse to confirm, the ad interim term of the appointee
whose appointment has been rejected by the Senate
shall end at the adjournment of the session of the Sen-
ate at which the vote on his confirmation was taken. An
appointee whose appointment to office has been reject-
ed by the Senate shall hold over until his successor is
appointed and qualified, but the period of such holdover
shall not exceed 30 days from the adjournment of the
session of the Senate. No person whose appointment to
office has been rejected by the Senate shall be eligible
for appointment to the same office for 1 year after the
date of filing of the certificate of refusal to confirm.


(e) If the Senate votes to take no action or if for any
other reason it fails to consider an appointment during
the regular session immediately following the effective
date of the appointment, the failure to act shall be noted
in the pages of the Journal of the Senate; and thereafter
a certificate, stating that the Senate voted to take no ac-
tion or failed to consider the appointment, shall be is-
sued, attested, filed, and delivered in accordance with
paragraph (c). With respect to appointments on which
the Senate fails to act during the regular session of the
Legislature immediately following the effective date of
the appointment, a vacancy in office shall exist upon the
adjournment sine die of the Legislature. The appointee
shall hold over until his successor is appointed and qual-
ified; however, such period of holding over shall not ex-
ceed 45 days. The appointee may be reappointed.
(f) If the Senate voted to take no action or for any
other reason failed to consider an appointment during
the regular session immediately following the effective
date of the appointment and the appointee was there-
upon reappointed to the same office, and if the Senate
votes to take no action or for any other reason fails to
consider the reappointment of the same person to the
same office during the regular session immediately fol-
lowing the effective date of the reappointment, the reap-
pointment of such person to such office shall be
deemed to have been rejected; the office shall become
vacant upon the adjournment sine die of the regular ses-
sion immediately following the effective date of the reap-
pointment; and the appointee shall not hold over in that
office or be eligible for reappointment in that office for
1 year thereafter.
(2) Upon request, any agency of government in this
state is authorized to provide information to the Senate
or the appropriate Senate standing or select committee
or subcommittee thereof. Upon request of the Senate
President or the appropriate Senate standing or select
committee or subcommittee thereof, the Department of
Law Enforcement shall make and cause to be furnished
to the Senate President or the appropriate Senate
standing or select committee or subcommittee thereof
the results of an inquiry or investigation involving the
criminal history relating to any person whose appoint-
ment to office is subject to Senate confirmation.
(3) Notwithstanding anything contained herein to
the contrary, the Senate may, upon the affirmative vote
of a majority of those present, consider an appointment
at any time it is in session.
Histo .-s 3, ch 77-235; s. 10, ch 798; s. 56, ch 81 259.


__


Ch. 114


F.S. 1985




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