Section 8.03. - Vacancy.
If the sheriff should die, resign, or remove his residence from Duval County during his term of office, or be removed from office, the office of sheriff shall become vacant. A vacancy in the office of sheriff shall be filled in the following manner:
(a) An incumbent sheriff who resigns in order to seek a state or federal office in the general statewide election held in November immediately preceding the last year of his term, shall submit his resignation at least 10 days prior to the first day of the qualifying period for the office to which he seeks election and his resignation shall be effective no later than the date on which the general statewide election is held. A vacancy in the office of sheriff shall exist as of the effective date of the resignation. In the event a sheriff's resignation should be effective before the date of the general statewide election, then the vacancy in the office of sheriff shall be temporarily filled with an acting sheriff who shall be appointed by the Governor and who shall serve until a successor sheriff is qualified and elected. A candidate seeking election to fill the vacancy created by this resignation of an incumbent sheriff seeking other elected office shall qualify to run in a special election to be held as a part of and at the same time as the general statewide election. The time period during which such candidates may qualify to run in this special election shall commence at the same time as does the qualifying period for candidates seeking office in the general statewide election and shall terminate on noon of the seventh day following the date on which the qualifying period for the general statewide election ends. A sheriff elected to fill an unexpired term shall take office and assume and exercise all duties of office immediately as of the date of certification of the election returns by the supervisor of elections as provided by law.
(b) In the event that a vacancy in the office of sheriff occurs other than as provided in subsection (a), then such a vacancy shall be filled for the remainder of the unexpired term by election of a sheriff at a special election to be called pursuant to resolution of the city council and held on a date no sooner than 1 month and no later than 6 months after the vacancy occurs. This special election shall, if possible, be held in conjunction with any other election scheduled to be held within the county. A resignation by the sheriff shall be submitted to the supervisor of elections (with a copy to the secretary of the city council), shall specify the date on which it is effective, and shall be irrevocable. If a sheriff submits a resignation which is effective at a date later than that on which it is submitted, the city council may, by resolution, call a special election for the election of a successor, this special election to be held on a date not less than 1 month after the date the resignation is submitted nor more than 6 months prior to the date the resignation is effective; and such special election shall, if possible, be held in conjunction with any other election scheduled to be held within the county. A vacancy in the office of sheriff occurring as contemplated in this subsection shall be temporarily filled in the same manner established in subsection (a). The acting sheriff shall exercise all the powers of the office of sheriff until a successor sheriff is qualified, elected, and assumes office. Should a special election not be held at the same time as any other election scheduled to be held within the county, then the special primary election for nominations of candidates of political parties for the office of sheriff to be voted upon in the special election shall be held at the times specified by the council in the resolution calling the special election, provided that at least 2 weeks shall intervene between the dates set for the first and second primary elections and at least 2 weeks shall intervene between the second special primary election and the special election. The time period during which candidates may qualify to run in the special primary elections and special elections shall be specified by the council in the resolution calling the special election, provided that at least 7 calendar days shall be fixed for the qualifying period and that the last date on which candidates may qualify shall occur not less than 3 weeks before the date of the first special primary election.
(Laws of Fla., Ch. 77-576; Ord. 84-1307-754, § 7; Laws of Fla., Ch. 85-432, § 1; Laws of Fla., Ch. 92-341, § 1)
