October 26, 2020
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HB 213

A bill to be entitled
2An act relating to congressional vacancies; amending s.
3100.101, F.S.; providing that a special election or
4special primary election shall be held to fill a vacancy
5in the office of a member from Florida of the United
6States Senate; amending s. 100.111, F.S.; providing that
7the Governor is not required to call a special election to
8fill a vacancy in the office of a member from Florida of
9the United States Senate if a session of Congress is not
10scheduled during the unexpired portion of the term;
11repealing s. 100.161, F.S., relating to filling vacancies
12in the representation of Florida in the United States
13Senate; providing an effective date.
15Be It Enacted by the Legislature of the State of Florida:
17     Section 1.  Subsection (4) of section 100.101, Florida
18Statutes, is amended to read:
19     100.101  Special elections and special primary
20elections.--Except as provided in s. 100.111(2), a special
21election or special primary election shall be held in the
22following cases:
23     (4)  If a vacancy occurs in the office of a member from
24Florida of the Senate or House of Representatives of Congress.
25     Section 2.  Subsection (3) of section 100.111, Florida
26Statutes, is amended to read:
27     100.111  Filling vacancy.--
28     (3)  Whenever there is a vacancy for which a special
29election is required pursuant to s. 100.101, the Governor, after
30consultation with the Secretary of State, shall fix the dates of
31a special primary election and a special election. Nominees of
32political parties shall be chosen under the primary laws of this
33state in the special primary election to become candidates in
34the special election. Prior to setting the special election
35dates, the Governor shall consider any upcoming elections in the
36jurisdiction where the special election will be held. The dates
37fixed by the Governor shall be specific days certain and shall
38not be established by the happening of a condition or stated in
39the alternative. The dates fixed shall provide a minimum of 2
40weeks between each election. In the event a vacancy occurs in
41the office of state senator or member of the House of
42Representatives when the Legislature is in regular legislative
43session, the minimum times prescribed by this subsection may be
44waived upon concurrence of the Governor, the Speaker of the
45House of Representatives, and the President of the Senate. If a
46vacancy occurs in the office of state senator and no session of
47the Legislature is scheduled to be held prior to the next
48general election, the Governor may fix the dates for the special
49primary election and for the special election to coincide with
50the dates of the primary election and general election. If a
51vacancy in office occurs in any district in the state Senate or
52House of Representatives, in the representation of this state in
53the Senate of the United States, or in any congressional
54district, and no session of the Legislature, or session of
55Congress, as applicable if the vacancy is in a congressional
56district, is scheduled to be held during the unexpired portion
57of the term, the Governor is not required to call a special
58election to fill such vacancy.
59     (a)  The dates for candidates to qualify in such special
60election or special primary election shall be fixed by the
61Department of State, and candidates shall qualify not later than
62noon of the last day so fixed. The dates fixed for qualifying
63shall allow a minimum of 14 days between the last day of
64qualifying and the special primary election.
65     (b)  The filing of campaign expense statements by
66candidates in such special elections or special primaries and by
67committees making contributions or expenditures to influence the
68results of such special primaries or special elections shall be
69not later than such dates as shall be fixed by the Department of
70State, and in fixing such dates the Department of State shall
71take into consideration and be governed by the practical time
73     (c)  The dates for a candidate to qualify by the petition
74process pursuant to s. 99.095 in such special primary or special
75election shall be fixed by the Department of State. In fixing
76such dates the Department of State shall take into consideration
77and be governed by the practical time limitations. Any candidate
78seeking to qualify by the petition process in a special primary
79election shall obtain 25 percent of the signatures required by
80s. 99.095.
81     (d)  The qualifying fees and party assessments of such
82candidates as may qualify shall be the same as collected for the
83same office at the last previous primary for that office. The
84party assessment shall be paid to the appropriate executive
85committee of the political party to which the candidate belongs.
86     (e)  Each county canvassing board shall make as speedy a
87return of the result of such special primary elections and
88special elections as time will permit, and the Elections
89Canvassing Commission likewise shall make as speedy a canvass
90and declaration of the nominees as time will permit.
91     Section 3.  Section 100.161, Florida Statutes, is repealed.
92     Section 4.  This act shall take effect July 1, 2010.

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