May 23, 2019
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The Florida Statutes

The 2006 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 103
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES AND MEMBERS
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Section 103.141, Florida Statutes 2006

103.141  Removal of county executive committee member for violation of oath.--

(1)  Where the county executive committee by at least a two-thirds majority vote of the members of the committee, attending a meeting held after due notice has been given and at which meeting a quorum is present, determines an incumbent county executive committee member to be guilty of an offense involving a violation of the member's oath of office, said member so violating his or her oath shall be removed from office and the office shall be deemed vacant. Provided, however, if the county committee wrongfully removes a county committee member and the committee member so wrongfully removed files suit in the circuit court alleging his or her removal was wrongful and wins said suit, the committee member shall be restored to office and the county committee shall pay the costs incurred by the wrongfully removed committee member in bringing the suit, including reasonable attorney's fees.

(2)  Either the county or state executive committee is empowered to take judicial action in chancery against a county committee member for alleged violation of the member's oath of office in the circuit court of the county in which that committee member is an elector; provided, however, that the state committee may take such judicial action only when a county committee refuses to take such judicial action within 10 days after a charge is made. Procedure shall be as in other cases in chancery, and if the court shall find as fact that the defendant did violate his or her oath of office, it shall enter a decree removing the defendant from the county committee. If either such executive committee brings suit in the circuit court for the removal of a county committee member and loses said suit, such committee shall pay the court costs incurred in such suit by the committee member, including reasonable attorney's fees.

History.--s. 10, ch. 67-353; s. 611, ch. 95-147.

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