WEST PALM BEACH, Fla. — Florida House District 87, which spans a wide swath of coastal Palm Beach County, has been vacant since former Rep. Mike Caruso resigned in August to become the county's new court clerk and comptroller.
Gov. Ron DeSantis has yet to call a special election to fill the seat, prompting a lawsuit to be filed Tuesday by Emily Gregory, one of the candidates seeking the office.
WATCH BELOW: Candidate files lawsuit to compel DeSantis to call special election
"As residents face skyrocketing property insurance, rising costs of living, and underfunded schools, House District 87 has been left without a voice in Tallahassee," Gregory said in a statement. "Our families deserve representation during the 2026 legislative session."
The seat has been vacant since Aug. 18 after DeSantis appointed Caruso to take over the county's clerk and comptroller job.
Gregory, a Democrat who lives in Jupiter, said this is causing 114,648 voters in the district to be without an elected representative.
"The Governor's failure — inaction longer than any of his predecessors in known history, leaves the district's constituents without representation and threatens to deprive them of a voice in the halls of the Capitol during the 2026 session set to begin in January," the lawsuit says.
Gregory is asking the court to issue a writ of mandamus to compel DeSantis to call a special election to fill the vacant seat, "with an election occurring as soon as possible."
The district encompasses the coastal communities of North Palm Beach, Singer Island and the Town of Palm Beach.
"There are a lot of issues that Palm Beach County voters deserve representation on, and we have filed a lawsuit so they can get it," Gregory told WPTV investigative reporter Dave Bohman.
Florida law requires the seat to be filled only by a special election. However, time constraints may prevent both a primary and general election from occurring before the legislative session begins.
Bipartisan concern over vacant seat
Four candidates plan to run for the seat: two Democrats and two Republicans.
Democrats:
- Emily Gregory
- Laura Levites
Republicans:
- Jon Maples
- Gretchen Miller Feng
Feng expressed frustration with the current situation.
"It is unconscionable to think that a district that includes the President of the United States would have an empty seat during the next legislative session," Miller Feng said in an email to WPTV.
Gregory emphasized the broader impact on constituents.
"Not everyone is aware that the seat was made vacant, but I do think everyone agrees that they want their voice to be heard," Gregory said.
The Governor's Office has not responded to requests for comment about why no special election has been called.
Read the full lawsuit below:
