Florida HB 597: Special Elections

Bill Text

HB 597 2026

CODING: Words stricken are deletions; words underlined are additions.
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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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

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

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

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

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

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