Advisory Opinion to the Governor re Sheriff & Judicial Vacancies Due to Resignations

Summary

The Florida Supreme Court issued an advisory opinion addressing when vacancies arise from resignations and whether they must be filled by appointment or election. It concluded that the circuit court judicial vacancy occurred when the Governor accepted the resignation, before the qualifying period began, and therefore should be filled by gubernatorial appointment. The Court further concluded that the sheriff’s vacancy arose when the resignation was tendered, so the remainder of the term should be calculated from that date.

Holdings

1. A circuit-court vacancy occurs when the Governor receives and accepts the judge's resignation, and when that occurs before the statutory qualifying period has begun, the vacancy must be filled by gubernatorial appointment rather than election.
2. For purposes of calculating the remainder of the term under article IV, section 1(f), a county sheriff's vacancy arises when the resignation is tendered, not when the resignation becomes effective.

Questions Presented

1. Whether a circuit-court vacancy created by a resignation that was accepted before the statutory qualifying period, but that would become effective later, should be filled by gubernatorial appointment or election.
2. Whether a county sheriff's vacancy arises when the resignation is tendered and accepted or when the resignation becomes effective, for purposes of calculating the remainder of the term under article IV, section 1(f) of the Florida Constitution.

Disposition

other