Florida SB 460: Elections

Bill Text

460 
Special Elections 
2025-11-12T03:51:01Z 
Requiring, rather than authorizing, the Governor to call a special primary election and a special election under a certain circumstance; requiring the Governor to fix the dates of a special election within a specified timeframe after the vacancy occurs; authorizing qualified electors to file a petition in the circuit court seeking judicial determination of an election date under specified conditions; deleting the authority of the Governor, the President of the Senate, and the Speaker of the House of Representatives to waive specified timeframes if all parties concur, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 460 

 By Senator Polsky 

 30-00821-26 2026460__ 
 1 A bill to be entitled 
 2 An act relating to special elections; amending s. 
 3 100.111, F.S.; revising the timeframe during which a 
 4 vacancy that occurs in an elective office must be 
 5 filled by candidates qualifying within the timeframes 
 6 provided by general law; requiring, rather than 
 7 authorizing, the Governor to call a special primary 
 8 election and a special election under a certain 
 9 circumstance; requiring the Governor to fix the dates 
 10 of a special election within a specified timeframe 
 11 after the vacancy occurs; requiring the Governor to 
 12 consult with the Secretary of State and the applicable 
 13 supervisor of elections before setting the special 
 14 election dates; requiring that such dates be the 
 15 earliest dates feasible; revising and providing 
 16 timeframes for special primary elections and special 
 17 elections under certain circumstances; authorizing 
 18 qualified electors to file a petition in the circuit 
 19 court seeking judicial determination of an election 
 20 date under specified conditions; providing that, under 
 21 specified circumstances, the court has the authority 
 22 to fix and declare the dates for a special election; 
 23 requiring the courts to expedite such proceedings; 
 24 providing exceptions to the timeframes to hold a 
 25 special election; deleting the authority of the 
 26 Governor, the President of the Senate, and the Speaker 
 27 of the House of Representatives to waive specified 
 28 timeframes if all parties concur; requiring the 
 29 Governor to fix dates to coincide with an already 
 30 scheduled election; requiring that special elections 
 31 to fill certain vacancies be held no later than the 
 32 election for which a resigning officer seeks to 
 33 qualify; providing that certain persons are deemed 
 34 elected under specified circumstances; making 
 35 technical changes; amending s. 100.141, F.S.; 
 36 requiring the Governor to consult with certain 
 37 supervisors of election, in addition to the Secretary 
 38 of State, before issuing an order declaring the date 
 39 of a special election; requiring that such order be 
 40 issued within a specified timeframe after the 
 41 occurrence of a vacancy; providing an effective date. 
 42 
 43 Be It Enacted by the Legislature of the State of Florida: 
 44 
 45 Section 1. Subsections (1) and (2) of section 100.111, 
 46 Florida Statutes, are amended to read: 
 47 100.111 Filling vacancy.— 
 48 (1)(a) If any vacancy occurs in any office which is 
 49 required to be filled pursuant to s. 1(f), Art. IV of the State 
 50 Constitution and the remainder of the term of such office is 28 
 51 months or longer, then at the next general election a person 
 52 must shall be elected to fill the unexpired portion of such 
 53 term, commencing on the first Tuesday after the first Monday 
 54 following such general election. 
 55 (b) If such a vacancy occurs before prior to the ninth day 
 56 before the first day set by law for qualifying for election to 
 57 office at such general election, any person seeking nomination 
 58 or election to the unexpired portion of the term must shall 
 59 qualify within the time prescribed by law for qualifying for 
 60 other offices to be filled by election at such general election. 
 61 (c) If such a vacancy occurs before prior to the primary 
 62 election but on or after the ninth day before the first day set 
 63 by law for qualifying, the Secretary of State must shall set 
 64 dates for qualifying for the unexpired portion of the term of 
 65 such office. Any person seeking nomination or election to the 
 66 unexpired portion of the term must shall qualify within the time 
 67 set by the Secretary of State. If time does not permit party 
 68 nominations to be made in conjunction with the primary election, 
 69 the Governor must may call a special primary election to select 
 70 party nominees for the unexpired portion of such term and, if 
 71 necessary, a special election. 
 72 (2) Whenever there is a vacancy for which a special 
 73 election is required pursuant to s. 100.101, the Governor, after 
 74 consultation with the Secretary of State, shall fix the dates of 
 75 a special pri