The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

IN RE SNOWDEN, 546 B.R. 39 (Bankr. E.D. Ky. 2016)

. . . . § 100.111(22) (the definition of “subdivision” includes property divided “for the purpose, whether . . .

BENCH BILLBOARD COMPANY, v. CITY OF COVINGTON, KENTUCKY, 465 F. App'x 395 (6th Cir. 2012)

. . . Kentucky Revised Statute § 100.111 sets forth definitions of “nonconforming use or structure” and “structure . . .

S. JANVEY, v. DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE, INC., 793 F. Supp. 2d 825 (N.D. Tex. 2011)

. . . . § 100.111(a). . . .

v. FEDERAL ELECTION COMMISSION,, 583 F. Supp. 2d 50 (D.D.C. 2008)

. . . person for the purpose of influencing any election for Federal office.” 42 U.S.C. 431(9)(A)(i); 11 CFR 100.111 . . .

M. COBB, v. THURMAN, St. A. V., 957 So. 2d 638 (Fla. Dist. Ct. App. 2006)

. . . The trial court found that section 100.111(4), Florida Statutes, controlled the result because it deals . . . The trial court noted that in section 100.111(4), the Florida Legislature did not mandate the posting . . . Although section 100.111(4) does not preclude the posting of notices, it specifically requires that the . . . The trial court held that the following language of section 100.111(4)(a), Florida Statutes, prohibits . . . The court reasoned that: This provision ... refutes the Defendants’ argument that Section 100.111(4) . . .

FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS, v. MARTIN,, 916 So. 2d 763 (Fla. 2005)

. . . Section 100.111 was enacted in 1951, and relates to filling vacancies in governmental offices. . . . The 1977 amendment to section 100.111 resulted in the statutory language set forth in section 100.111 . . . See § 100.111(4)(a), Fla. Stat. (2004). . . . Both sections 101.253(2) and 100.111(4)(b) relate to Florida’s election process. . . . However, section 100.111 was amended in 1983 to add a new subsection. . . .

DEPARTMENT OF STATE, DIVISION OF ELECTIONS, v. MARTIN,, 885 So. 2d 453 (Fla. Dist. Ct. App. 2004)

. . . To the extent pertinent, section 100.111(4)(b) reads: If the vacancy in nomination occurs later than . . . It nbted that section 100.111(4)(a) and (b), together, provide that death, withdrawal, resignation or . . . Section 100.111(4)(b) provides the procedures that must be followed when a candidate withdraws after . . . Section 100.111 was intended to address the next step. . . . Section 100.111(4)(b) addresses the process to be used to fill that vacancy. . . .

WILSON, v. CITY OF LOUISVILLE,, 957 F. Supp. 948 (W.D. Ky. 1997)

. . . KRS 100.111(13). . . . KRS 100.111(21) (emphasis added). . . .

SMITH, v. CRAWFORD,, 645 So. 2d 513 (Fla. Dist. Ct. App. 1994)

. . . Subsections 100.111(4), (5), and (6), Florida Statutes (1993), set forth provisions for filling a vacancy . . . nomination for the office of Commissioner of Agriculture occurred after September 15, 1994, subsection 100.111 . . .

W. KANE, v. S. ROBBINS,, 556 So. 2d 1381 (Fla. 1989)

. . . See §§ 114.01, 114.04, 100.111, Fla.Stat. (1989). . . .

E. WYMBS R. v. REPUBLICAN STATE EXECUTIVE COMMITTEE OF FLORIDA,, 719 F.2d 1072 (11th Cir. 1983)

. . . . § 100.111; and (4) the collection of party assessments from candidates, as provided in Fla.Stat.Ann . . .

B. ANDERSON, J. G. A. v. FIRESTONE, W., 499 F. Supp. 1027 (N.D. Fla. 1980)

. . . Defendants Glisson and Firestone have refused to apply the vacancy provisions of Section 100.111(3), . . . vacancy created by the withdrawal of an independent vice-presidential nominee as is provided in Section 100.111 . . . The failure of § 100.111 to provide for withdrawal from the ballot of the name petitioners recognized . . . Defendants’ prior interpretation of Section 99.0955 necessitate the extension of the provisions of § 100.111 . . .

REPUBLICAN STATE EXECUTIVE COMMITTEE, a v. GRAHAM,, 388 So. 2d 556 (Fla. 1980)

. . . requests this Court to direct Governor Graham to call a special primary election as required by section 100.111 . . . Section 100.111(3)(a), Florida Statutes (1979), provides a method for selecting nominees for political . . . Respondent points next to the statutory changes in section 100.111, Florida Statutes (1979), which eliminate . . .

In ADVISORY OPINION TO GOVERNOR REQUEST OF AUGUST, 388 So. 2d 554 (Fla. 1980)

. . . “Section 100.111(3)(a), Florida Statutes, provides a method for selecting nominees of political parties . . .

In ADVISORY OPINION OF GOVERNOR, BROWARD COUNTY SCHOOL BOARD VACANCIES, 302 So. 2d 748 (Fla. 1974)

. . . Florida Statutes 100.111(6) (b) provides in substance that where a vacancy in nomination exist after . . . Therefore, under Section 100.111(6) (b), “[T]he department of state shall notify the Chairman of the . . .

R. BELLER, v. ADAMS,, 235 So. 2d 502 (Fla. 1970)

. . . Section 100.111(6) (d) F.S.A., read in connection with the holding in Williams v. . . .

SPEIGEL, v. F. KNIGHT, 224 So. 2d 703 (Fla. Dist. Ct. App. 1969)

. . . . § 100.111 (6) (b), (c), F.S.A. . . . See Fla.Stat. § 100.111(6) (b), F.S.A. . . . On appeal he argues essentially, that Knight has violated those requirements of Fla.Stat. § 100.111(6 . . .

L. BAKER, v. STATE CALDWELL,, 122 So. 2d 816 (Fla. Dist. Ct. App. 1960)

. . . “Chapter 100, Florida Statutes 1951, F.S.A., contains section 100.111(2) (c), which reads as follows: . . . elections for the purpose of filling vacancies; hence, it must be concluded that Section 100.111 is . . . Section 100.111 of this Chapter reads, in part, as follows: “100.111 Filling vacancy. — Vacancies occurring . . . Section 100.111 of the Florida Statutes, F.S.A. was amended by Chapter 28156, Laws of Florida, 1953, . . . Then Section 100.111 is amended to read as follows: “Section 1. . . .

VOCELLE, v. STATE, 13 Fla. Supp. 145 (Indian River Cty. Cir. Ct. 1958)

. . . Section 100.111, Florida Statutes 1957, provides— 100.111 Filling vacancy.— (1) Whenever there is a vacancy . . . It is contended that under section 100.111, supra, the only way for a recognized political party to designate . . . However, it is to be noted that the statute under consideration in that opinion was Section 100.111 ( . . . In fact, since 1951, section 100.111 has been amended through the enactment of chapter 28,156, Laws of . . . 1955, and again through chapter 57-91 Laws of Florida, 1957, and the provision contained in section 100.111 . . .

WAGNER v. GRAY,, 74 So. 2d 89 (Fla. 1954)

. . . See Sections 100.061, 100.091, 100.111, 103.081 and 103.111 and 103.121, Florida Statutes 1953, F.S.A . . . Section 100.111, F.S.A., requiring a nomination by the Executive Committee of the county, then it follows . . . Section 100.111', F.S.A., reads as follows: “ * * -* should a vacancy occur in any nomination for county . . .