Florida Statute 100.111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS

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F.S. 100.111

100.111 Filling vacancy.—

(1)(a) If any vacancy occurs in any office which is required to be filled pursuant to s. 1(f), Art. IV of the State Constitution and the remainder of the term of such office is 28 months or longer, then at the next general election a person shall be elected to fill the unexpired portion of such term, commencing on the first Tuesday after the first Monday following such general election.

(b) If such a vacancy occurs prior to the first day set by law for qualifying for election to office at such general election, any person seeking nomination or election to the unexpired portion of the term shall qualify within the time prescribed by law for qualifying for other offices to be filled by election at such general election.

(c) If such a vacancy occurs prior to the primary election but on or after the first day set by law for qualifying, the Secretary of State shall set dates for qualifying for the unexpired portion of the term of such office. Any person seeking nomination or election to the unexpired portion of the term shall qualify within the time set by the Secretary of State. If time does not permit party nominations to be made in conjunction with the primary election, the Governor may call a special primary election to select party nominees for the unexpired portion of such term.

(2) Whenever there is a vacancy for which a special election is required pursuant to s. 100.101, the Governor, after consultation with the Secretary of State, shall fix the dates of a special primary election and a special election. Nominees of political parties shall be chosen under the primary laws of this state in the special primary election to become candidates in the special election. Prior to setting the special election dates, the Governor shall consider any upcoming elections in the jurisdiction where the special election will be held. The dates fixed by the Governor shall be specific days certain and shall not be established by the happening of a condition or stated in the alternative. The dates fixed shall provide a minimum of 2 weeks between each election. In the event a vacancy occurs in the office of state senator or member of the House of Representatives when the Legislature is in regular legislative session, the minimum times prescribed by this subsection may be waived upon concurrence of the Governor, the Speaker of the House of Representatives, and the President of the Senate. If a vacancy occurs in the office of state senator and no session of the Legislature is scheduled to be held prior to the next general election, the Governor may fix the dates for the special primary election and for the special election to coincide with the dates of the primary election and general election. If a vacancy in office occurs in any district in the state Senate or House of Representatives or in any congressional district, and no session of the Legislature, or session of Congress if the vacancy is in a congressional district, is scheduled to be held during the unexpired portion of the term, the Governor is not required to call a special election to fill such vacancy.

(a) The dates for candidates to qualify in such special election or special primary election shall be fixed by the Department of State, and candidates shall qualify not later than noon of the last day so fixed. The dates fixed for qualifying shall allow a minimum of 14 days between the last day of qualifying and the special primary election.

(b) The filing of campaign expense statements by candidates in such special elections or special primaries and by committees making contributions or expenditures to influence the results of such special primaries or special elections shall be not later than such dates as shall be fixed by the Department of State, and in fixing such dates the Department of State shall take into consideration and be governed by the practical time limitations.

(c) The dates for a candidate to qualify by the petition process pursuant to s. 99.095 in such special primary or special election shall be fixed by the Department of State. In fixing such dates the Department of State shall take into consideration and be governed by the practical time limitations. Any candidate seeking to qualify by the petition process in a special primary election shall obtain 25 percent of the signatures required by s. 99.095.

(d) The qualifying fees and party assessments of such candidates as may qualify shall be the same as collected for the same office at the last previous primary for that office. The party assessment shall be paid to the appropriate executive committee of the political party to which the candidate belongs.

(e) Each county canvassing board shall make as speedy a return of the result of such special primary elections and special elections as time will permit, and the Elections Canvassing Commission likewise shall make as speedy a canvass and declaration of the nominees as time will permit.

(3)(a) In the event that death, resignation, withdrawal, or removal should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the filing officer before whom the candidate qualified shall notify the chair of the state and county political party executive committee of such party and:

1. If the vacancy in nomination is for a statewide office, the state party chair shall, within 5 days, call a meeting of his or her executive board to consider designation of a nominee to fill the vacancy.

2. If the vacancy in nomination is for the office of United States Representative, state senator, state representative, state attorney, or public defender, the state party chair shall, within 5 days, call a meeting of the state executive committee members residing in the affected county or counties to consider designation of a nominee to fill the vacancy.

3. If the vacancy in nomination is for a county office, the state party chair shall notify the appropriate county chair and, within 5 days, the appropriate county chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy.

The name of any person so designated shall be submitted to the filing officer before whom the candidate qualified within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee’s name will appear on the ballot. Any ballots cast for the former party nominee will be counted for the person designated by the political party to replace the former party nominee. If there is no opposition to the party nominee, the person designated by the political party to replace the former party nominee will be elected to office at the general election.

(b) When, under the circumstances set forth in the preceding paragraph, vacancies in nomination are required to be filled by committee nominations, such vacancies shall be filled by party rule. In any instance in which a nominee is selected by a committee to fill a vacancy in nomination, such nominee shall pay the same filing fee and take the same oath as the nominee would have taken had he or she regularly qualified for election to such office.

(c) Any person who, at the close of qualifying as prescribed in ss. 99.061 and 105.031, was qualified for nomination or election to or retention in a public office to be filled at the ensuing general election or who attempted to qualify and failed to qualify is prohibited from qualifying as a candidate to fill a vacancy in nomination for any other office to be filled at that general election, even if such person has withdrawn or been eliminated as a candidate for the original office sought. However, this paragraph does not apply to a candidate for the office of Lieutenant Governor who applies to fill a vacancy in nomination for the office of Governor on the same ticket or to a person who has withdrawn or been eliminated as a candidate and who is subsequently designated as a candidate for Lieutenant Governor under s. 99.063.

(4) A vacancy in nomination is not created if an order of a court that has become final determines that a nominee did not properly qualify or did not meet the necessary qualifications to hold the office for which he or she sought to qualify.

(5) In the event of unforeseeable circumstances not contemplated in these general election laws concerning the calling and holding of special primary elections and special elections resulting from court order or other unpredictable circumstances, the Department of State shall have the authority to provide for the conduct of orderly elections.

History.—s. 4, ch. 26870, 1951; s. 16, ch. 28156, 1953; s. 1, ch. 29938, 1955; s. 1, ch. 57-91; s. 1, ch. 59-139; s. 2, ch. 65-240; ss. 10, 35, ch. 69-106; s. 1, ch. 73-191; s. 1, ch. 74-120; s. 12, ch. 77-175; s. 30, ch. 79-400; s. 4, ch. 83-15; s. 1, ch. 83-149; s. 15, ch. 89-338; s. 3, ch. 90-229; s. 13, ch. 90-315; s. 546, ch. 95-147; s. 1, ch. 95-197; s. 5, ch. 99-140; s. 12, ch. 99-318; s. 20, ch. 2005-277; s. 13, ch. 2005-286; s. 23, ch. 2007-30; s. 22, ch. 2011-40; s. 15, ch. 2021-11.

F.S. 100.111 on Google Scholar

F.S. 100.111 on Casetext

Amendments to 100.111

Arrestable Offenses / Crimes under Fla. Stat. 100.111

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 100.111.

Annotations, Discussions, Cases:

Cases Citing Statute 100.111

Total Results: 20

Hillsborough County, Florida v. The School Board of Hillsborough County

Court: District Court of Appeal of Florida | Date Filed: 2024-08-19

Snippet: supreme court addressed whether under section 100.111(2)(c), Florida Statutes (1951), the governor had

Golden v. Satcher

Court: District Court of Appeal of Florida | Date Filed: 2024-08-09

Snippet: The office is thereafter filled by election. § 100.111(1)(a), Fla. Stat. (2024) ("If any vacancy

Coastwide Services, LLC v. Goldberg

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

Citation: 229 So. 3d 404

Snippet: 931 (Fla. 4th DCA 2015); In re Hill, 305 B.R. 100, 111 (Bankr. M.D. Fla. 2003). On remand, the parties

Cobb v. Thurman

Court: District Court of Appeal of Florida | Date Filed: 2006-10-27

Citation: 957 So. 2d 638, 2006 WL 3041924

Snippet: the 2006 primary election, pursuant to section 100.111(4)(a), Florida Statutes, it is Foley's name, and

Florida Dept. of State v. Martin

Court: Supreme Court of Florida | Date Filed: 2005-11-10

Citation: 916 So. 2d 763, 2005 WL 3005562

Snippet: Stork's withdrawal and to comply with section 100.111(4)(b), Florida Statutes (2004). This provision

Department of State v. Martin

Court: District Court of Appeal of Florida | Date Filed: 2004-10-25

Citation: 885 So. 2d 453, 2004 WL 2375632

Snippet: Stork's withdrawal and to comply with section 100.111(4)(b), Florida Statutes (2004), so that the Democratic

Rukab v. City of Jacksonville Beach

Court: District Court of Appeal of Florida | Date Filed: 2002-02-26

Citation: 811 So. 2d 727, 2002 WL 265845

Snippet: construction." [2] The Rukabs purchased lots 100, 111, and 119 equaling a total of .47 acres, referred

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-01-12

Snippet: section 99.095, Fla. Stat., must be obtained. See, s.100.111(3)(c)1., Fla. Stat. 9 An independent candidate

Smith v. Crawford

Court: District Court of Appeal of Florida | Date Filed: 1994-10-26

Citation: 645 So. 2d 513, 1994 WL 592242

Snippet: of Elections, with which we agree. Subsections 100.111(4), (5), and (6), Florida Statutes (1993), set

Kane v. Robbins

Court: Supreme Court of Florida | Date Filed: 1989-07-20

Citation: 556 So. 2d 1381, 14 Fla. L. Weekly 368

Snippet: members are duly appointed. See §§ 114.01, 114.04, 100.111, Fla. Stat. (1989). We remand the case with directions

Republican State Executive Committee v. Graham

Court: Supreme Court of Florida | Date Filed: 1980-09-17

Citation: 388 So. 2d 556

Snippet: special primary election as required by section 100.111(3)(a), Florida Statutes (1979),[1] because an alleged

In re Advisory Opinion to Governor Request of August 28, 1980

Court: Supreme Court of Florida | Date Filed: 1980-09-04

Citation: 388 So. 2d 554, 1980 Fla. LEXIS 4332

Snippet: fill such alleged vacancy in nomination. “Section 100.111(3)(a), Florida Statutes, provides a method for

Florida Pub. Co. v. Fletcher

Court: Supreme Court of Florida | Date Filed: 1976-10-07

Citation: 340 So. 2d 914, 2 Media L. Rep. (BNA) 1088

Snippet: omitted) Fletcher v. Fla. Publishing Co., 319 So.2d 100, 111 (Fla. 1st DCA 1975). It might be asserted that

In re Advisory Opinion of the Governor

Court: Supreme Court of Florida | Date Filed: 1974-10-22

Citation: 302 So. 2d 748, 1974 Fla. LEXIS 4656

Snippet: offices came into existence. Florida Statutes 100.111(6) (b) provides in substance that where a vacancy

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-08-06

Snippet: followed for such an election? SUMMARY: Section 100.111(6), F.S., prescribing the procedure to be followed

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-02-14

Snippet: but included an almost identical provision as s. 100.111(6)(d), F.S. — a new section prescribing the procedure

Beller v. Adams

Court: Supreme Court of Florida | Date Filed: 1970-05-15

Citation: 235 So. 2d 502, 1970 Fla. LEXIS 2760

Snippet: the opinion that the language of F.S. Section 100.111(6) (d) F.S.A., read in connection with the holding

Speigel v. Knight

Court: District Court of Appeal of Florida | Date Filed: 1969-06-10

Citation: 224 So. 2d 703, 1969 Fla. App. LEXIS 5556

Snippet: its nominee to fill the vacancy. See Fla.Stat. § 100.111 (6) (b), (c), F.S.A. Later that same Friday evening

Baker v. State ex rel. Caldwell

Court: District Court of Appeal of Florida | Date Filed: 1960-08-05

Citation: 122 So. 2d 816

Snippet: election code of the State. “You have quoted Section 100.111(2) (c), Florida Statutes, 1951, F.S.A., which is

Wagner v. Gray

Court: Supreme Court of Florida | Date Filed: 1954-07-23

Citation: 74 So. 2d 89, 1954 Fla. LEXIS 1094

Snippet: now in effect. See Sections 100.061, 100.091, 100.111, 103.081 and 103.111 and 103.121, Florida Statutes