114.01 Office deemed vacant in certain cases. - Florida Statutes

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 acceptance thereof by the Governor.

   (e) Upon the succession of the officer to another office.

   (f) Upon the officer’s unexplained absence for 60 consecutive days.

   (g) Upon the officer’s failure to maintain the residence required of him or her by law.

   (h) Upon the failure of a person elected or appointed to office to qualify for office within 30 days from the commencement of the term of office.

   (i) Upon the refusal of the person elected or appointed 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 other state, of the officer to be mentally incompetent.

   (l) Upon the rendition of a final judgment of a circuit court of this state declaring void the election or appointment of the incumbent to office.

   (2) With respect to paragraphs (b) and (f)-(k) of subsection (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 or she shall include in such order the title of the office, the name of the incumbent officer or person who held the office, and the date on which the vacancy in office occurred. The office shall be considered 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.

History. s. 1, ch. 1633, 1868; RS 214; GS 298; RGS 396; CGL 461; s. 25, ch. 71-355; s. 1, ch. 77-235; s. 728, ch. 95-147.