DeSantis sets election for vacant Florida House seat in Miami-Dade after group sues

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Less than a week after the ACLU Foundation of Florida filed a lawsuit hoping to force his hand, Gov. Ron DeSantis has ordered a special election for a vacant Florida House seat in Miami-Dade County.

DeSantis released an executive order Wednesday afternoon, setting a primary election date of Oct. 3 and a general election date of Dec. 5, if necessary, to fill the seat.

Formerly held by Juan Alfonso Fernandez-Barquin, the seat has been vacant since Fernandez-Barquin’s resignation from the House on June 11. Fernandez-Barquin, a Republican, was appointed by DeSantis to serve as Miami-Dade County clerk of court and comptroller. DeSantis announced the appointment on June 9.

The lawsuit, filed by the ACLU on behalf of District 118 voter Layssa Zamora, contended that DeSantis should be required to call a special election in the district no later than Nov. 21, given that lawmakers are set to return to Tallahassee for committee meetings in September. Next year’s legislative session will begin in January.

Nicholas Warren, a staff attorney with the ACLU of Florida, told the Miami Herald that the group would not continue to pursue the complaint. “The governor has complied with the request that we made in the petition. So the case will be ended.”

Still, Warren said he was dismayed that Fernandez-Barquin’s seat will remain vacant for months. “It should not take a lawsuit to get the governor to call a special election,” he said.

Though the dates of the election were just set, House Republicans have already begun preparations for the race to represent a majority-Hispanic district in southwest Miami-Dade that leans Republican. Daniel Perez, a Miami Republican who is in line to be the state’s next speaker of the House, has already announced his endorsement of attorney Michael Redondo.

DeSantis on Wednesday also released an executive order setting a special election in Central Florida to fill former Rep. Fred Hawkins’ seat in District 35.

The News Service of Florida contributed to this report.