IN RE ADVISORY OPINION TO THE GOVERNOR
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The Florida Supreme Court advised the Governor that a state senator elected in November 2018 who subsequently accepts an appointment as County Solicitor or prosecuting attorney vacates their Senate seat. This advisory opinion clarifies the implications of holding dual public offices under Florida law.
Yes, accepting an appointment to the office of County Solicitor or prosecuting attorney vacates the person's right and status as a member of the State Senate.
“if a person who was elected a member of the State Senate at the general election held November 5, 1918, and who subsequent to such election and during the term to which the election applies accepts an appointment to the office of County Solicitor or prosecuting attorney of the county, such appointment and acceptance of the office vacates the person’s right and status as a member of the State Senate.”
This quote directly states the court's holding regarding the vacation of a Senate seat.
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Join FLexlaw to unlock all legal intelligenceA person was elected to the Florida State Senate in the general election of November 5, 1918. After the election, but before the term began, this indi…
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Supreme Court of Florida, Tallahassee, November 8, 1918. To His Excellency, Sidney J. Catts, Governor. Sir: Replying to your letter of the 7th instant, you are advised that in our opinion if a person who was elected a member of the State Senate at the general election held November 5, 1918, and who subsequent to such election and during the term to which the election applies accepts an appointment to the office of County Solicitor or prosecuting attorney of the county, such appointment and acceptance of the office vacates the person’s right and status as a member of the State Senate. See Section 7, Article III, and Section 15, Article NVI; Section 2, Article VII, as amended in 1896, Acts 1895, page 368, 29 Cyc. 1382. Very respectfully, JEFFN. B. BROWNE, Chief Justice. R. F. TAYLOR, J. B. WHITFIELD, W. H. ELLIS, T. F. WEST, Justices Supreme Court.