Florida Statutes
Fla. Stat. § 100.141 (2025)
Notice of special election to fill any vacancy in office.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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100.141 Notice of special election to fill any vacancy in office.—
(1) Whenever a special election is required to fill any vacancy in office, the Governor, after consultation with the Secretary of State, shall issue an order declaring on what day the election shall be held and deliver the order to the Department of State.
(2) The Department of State shall prepare a notice stating what offices are to be filled in the special election, the dates set for the special primary election and the special election, the dates fixed for qualifying for office, the dates fixed for qualifying by the petition process pursuant to s. 99.095, and the dates fixed for filing campaign expense statements.
(3) The department shall deliver a copy of such notice to the supervisor of elections of each county in which the special election is to be held. The supervisor shall have the notice published two times in a newspaper of general circulation in the county at least 10 days before the first day set for qualifying for office or, for at least 10 days before the first day set for qualifying for office, publish notice on the county’s website as provided in s. 50.0311 or on the supervisor’s website.
History.—s. 6, ch. 3879, 1889; RS 160; s. 7, ch. 4328, 1895; GS 177; RGS 221; CGL 256; s. 3, ch. 25383, 1949; s. 1, ch. 26329, 1949; s. 4, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 12, ch. 77-175; s. 14, ch. 90-315; s. 13, ch. 99-318; s. 21, ch. 2005-277; s. 14, ch. 2005-286; s. 19, ch. 2023-120.
Note.—Former s. 98.10.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1982–2025 · leading case: Jud. Nominating Comm'n, Ninth Circuit v. Graham, 424 So. 2d 10 (Fla. 1982).
Jud. Nominating Comm'n, Ninth Circuit v. Graham, 424 So. 2d 10 (Fla. 1982). “101 should be considered as in pari materia with section 100.141, which the governor and the secretary of state assert grants them the authority to hold special elections in this case.”
David A. Taylor v. Mike Hogan, in his Off. capacity as Supervisor of Elections, Duval Cnty., Florida (Fla. 1st DCA 2019). “He claims the Duval County Supervisor of Elections (“Hogan”) was required to comply with the notice and publication requirements of section 100.141, Florida Statutes (2018), after the Jacksonville City Council (“Council”) called for a special election to fill a vacant council…”
Jud. Nominating Com'n, Etc. v. Graham, 424 So. 2d 10 (Fla. 1982). “101 should be considered as in pari materia with section 100.141, which the governor and the secretary of state assert grants them the authority to hold special elections in this case.”
Debbie Mayfield v. Sec'y, Florida Dep't of State (Fla. 2025). “(2024) (describing right to appear on ballot as “entitlement” if candidate is qualified); § 100.141, Fla. Stat. (2024) (requiring issuance of order and notice of special election).”
— 100.141(1) — 1 case
David A. Taylor v. Mike Hogan, in his Off. capacity as Supervisor of Elections, Duval Cnty., Florida (Fla. 1st DCA 2019). “He claims the Duval County Supervisor of Elections (“Hogan”) was required to comply with the notice and publication requirements of section 100.141, Florida Statutes (2018), after the Jacksonville City Council (“Council”) called for a special election to fill a vacant council…”
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