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HB 597 2026
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hb597-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to special elections; amending s. 2
100.111, F.S.; revising the timeframe during which a 3
vacancy that occurs in an elective office must be 4
filled by candidates qualifying within the timeframes 5
provided by general law; requiring, rather than 6
authorizing, the Governor to call a special primary 7
election and a special election under a certain 8
circumstance; requiring the Governor to fix the dates 9
of a special election within a specified timeframe 10
after the vacancy occurs; requiring the Governor to 11
consult with the Secretary of State and the applicable 12
supervisor of elections before setting the special 13
election dates; requiring that such dates be the 14
earliest dates feasible; revising and providing 15
timeframes for special primary elections and special 16
elections under certain circumstances; authorizing 17
qualified electors to file a petition in the circuit 18
court seeking judicial determination of an election 19
date under specified conditions; providing that, under 20
specified circumstances, the court has the authority 21
to fix and declare the dates for a special election; 22
requiring the courts to expedite such proceedings; 23
providing exceptions to the timeframes to hold a 24
special election; deleting the authority of the 25
HB 597 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Governor, the President of the Senate, and the Speaker 26
of the House of Representatives to waive specified 27
timeframes if all parties concur; requiring the 28
Governor to fix dates to coincide with an already 29
scheduled election; requiring that special elections 30
to fill certain vacancies be held no later than the 31
election for which a resigning officer seeks to 32
qualify; providing that certain persons are deemed 33
elected under specified circumstances; making 34
technical changes; amending s. 100.141, F.S.; 35
requiring the Governor to consult with certain 36
supervisors of election, in addition to the Secretary 37
of State, before issuing an order declaring the date 38
of a special election; requiring that such order be 39
issued within a specified timeframe after the 40
occurrence of a vacancy; providing an effective date. 41
42
Be It Enacted by the Legislature of the State of Florida: 43
44
Section 1. Subsections (1) and (2) of section 100.111, 45
Florida Statutes, are amended to read: 46
100.111 Filling vacancy.— 47
(1)(a) If any vacancy occurs in any office which is 48
required to be filled pursuant to s. 1(f), Art. IV of the State 49
Constitution and the remainder of the term of such office is 28 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
months or longer, then at the next general election a person 51
must shall be elected to fill the unexpired portion of such 52
term, commencing on the first Tuesday after the first Monday 53
following such general election. 54
(b) If such a vacancy occurs before prior to the ninth day 55
before the first day set by law for qualifying for election to 56
office at such general election, any person seeking nomination 57
or election to the unexpired portion of the term must shall 58
qualify within the time prescribed by law for qualifying for 59
other offices to be filled by election at such general election. 60
(c) If such a vacancy occurs before prior to the primary 61
election but on or after the ninth day before the first day set 62
by law for qualifying, the Secretary of State must shall set 63
dates for qualifying for the unexpired portion of the term of 64
such office. Any person seeking nomination or election to the 65
unexpired portion of the term must shall qualify within the time 66
set by the Secretary of State. If time does not permit party 67
nominations to be made in conjunction with the primary election, 68
the Governor must may call a special primary election to select 69
party nominees for the unexpired portion of such term and, if 70
necessary, a special election. 71
(2) Whenever there is a vacancy for which a special 72
election is required pursuant to s. 100.101, the Governor, after 73
consultation with the Secretary of State, shall fix the dates of 74
a special primary election and a special election within 14 days 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
after the vacancy occurs. Nominees of political parties shall be 76
chosen under the primary laws of this state in the special 77
primary election to become candidates in the special election. 78
(a) Before Prior to setting the special election dates, 79
the Governor shall consult with the Secretary of State and the 80
supervisor of elections consider any upcoming elections in the 81
jurisdiction where the special election will be held. The dates 82
fixed by the Governor must shall be the earliest dates feasible, 83
must be specific days certain, and may shall not be established 84
by the happening of a condition or stated in the alternative. 85
The dates fixed must shall provide a minimum of 8 2 weeks 86
between each election, but no more than 12 weeks. If a vacancy 87
occurs in the office of state senator or member of the House of 88
Representatives less than 126 days before the first day of the 89
regular legislative session, the Governor must, within 5 days 90
after the occurrence of the vacancy, fix the dates of a special 91
primary election and a special election to fill the vacancy. The 92
dates set by the Governor must provide for at least 2 weeks 93
between the special primary election and the special election 94
and must ensure that both elections are held before the first 95
day of the regular legislative session to prevent a lapse in 96
representation. 97
1. If the Governor fails to issue an order setting the 98
dates of the special primary election and special election 99
within the days prescribed in this subsection, any qualified 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
elector residing within the affected district may file a 101
petition in the circuit court having jurisdiction seeking 102
judicial determination of such election dates. 103
2. Upon finding that the Governor has failed to comply 104
with this subsection, the circuit court shall have the authority 105
to fix and declare the earliest feasible and lawful dates for 106
the special primary election and special election, consistent 107
with the requirements of this chapter and the Florida Election 108
Code. 109
3. The court shall expedite consideration of any petition 110
filed under this subsection to ensure the timely filling of the 111
vacancy and to safeguard the right of representation for voters 112
within the affected district. 113
(b) The special election must be held no later than 126 114
days after the vacancy occurs, except in the following cases: 115
1. If a supervisor where the special election will be held 116
certifies that holding the special election within the required 117
time period would conflict with scheduled elections and impose 118
an undue hardship on the orderly administration of elections, 119
the special election must be held no later than 175 days after 120
the vacancy occurs. 121
2. In the event a vacancy occurs in the office of state 122
senator or member of the House of Representatives when the 123
Legislature is in regular legislative session, the minimum times 124
prescribed by this subsection may be waived upon concurrence of 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Governor, the Speaker of the House of Representatives, and 126
the President of the Senate. If a vacancy occurs in the office 127
of state senator and no session of the Legislature is scheduled 128
to be held prior to the next general election, the Governor may 129
fix the dates for the special primary election and for the 130
special election to coincide with the dates of the primary 131
election and general election. 132
3. If a vacancy in office occurs in any district in the 133
state Senate or House of Representatives or in any congressional 134
district, and no session of the Legislature, or session of 135
Congress if the vacancy is in a congressional district, is 136
scheduled to be held during the unexpired portion of the term, 137
the Governor is not required to call a special election to fill 138
such vacancy. 139
(c) If possible, the Governor must fix dates to coincide 140
with scheduled elections where the special election will be 141
held. A special election held to fill a vacancy caused by a 142
resignation submitted pursuant to s. 99.012 must be held no 143
later than the election for which the resigning officer seeks to 144
qualify. 145
(d)(a) The dates for candidates to qualify in such special 146
election or special primary election must shall be fixed by the 147
Department of State, and candidates must shall qualify no not 148
later than noon of the last day so fixed. The dates fixed for 149
qualifying must shall allow a minimum of 14 days between the 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
last day of qualifying and the special primary election. 151
(e)(b) The filing of campaign expense statements by 152
candidates in such special elections or special primaries and by 153
committees making contributions or expenditures to influence the 154
results of such special primaries or special elections may shall 155
be not be later than such dates as shall be fixed by the 156
Department of State, and in fixing such dates the Department of 157
State shall take into consideration and be governed by the 158
practical time limitations. 159
(f)(c) The dates for a candidate to qualify by the 160
petition process pursuant to s. 99.095 in such special primary 161
or special election shall be fixed by the Department of State. 162
In fixing such dates the Department of State shall take into 163
consideration and be governed by the practical time limitations. 164
Any candidate seeking to qualify by the petition process in a 165
special primary election must shall obtain 25 percent of the 166
signatures required by s. 99.095. 167
(g)(d) The qualifying fees and party assessments of such 168
candidates as may qualify must shall be the same as collected 169
for the same office at the last previous primary for that 170
office. The party assessment must shall be paid to the 171
appropriate executive committee of the political party to which 172
the candidate belongs. 173
(h)(e) Each county canvassing board shall make as speedy a 174
return of the result of such special primary elections and 175
HB 597 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
special elections as time will permit, and the Elections 176
Canvassing Commission likewise shall make as speedy a canvass 177
and declaration of the nominees as time will permit. 178
(i) If only one candidate qualifies in a special election, 179
he or she is deemed elected on the last day of the qualifying 180
period. If the winner of a special primary election does not 181
have opposition in the special election, he or she is deemed 182
elected at the special primary election. In either case, the 183
person elected takes office upon election or upon the office 184
becoming vacant, whichever occurs later. 185
Section 2. Subsection (1) of section 100.141, Florida 186
Statutes, is amended to read: 187
100.141 Notice of special election to fill any vacancy in 188
office.— 189
(1) Whenever a special election is required to fill any 190
vacancy in office, the Governor, after consultation with the 191
Secretary of State and the supervisor of elections of any 192
affected county, shall issue an order declaring on what day the 193
election shall be held and deliver the order to the Department 194
of State. The Governor shall issue the order within 14 days 195
after the occurrence of the vacancy or, for vacancies arising 196
due to a resignation pursuant to s. 99.012, within 14 days after 197
the written resignation is submitted to the Governor, whichever 198
is sooner. 199
Section 3. This act shall take effect July 1, 2026. 200