WEST PALM BEACH, Fla. (CBS12) b — Florida may have a vacant Senate seat if Senator Marco Rubio accepts the newly elected President’s possible nomination to join Trump’s Cabinet.

Reports began circulating on Monday that President-elect Donald Trump was expected to appoint Rubio as the new Secretary of State.

The New York Times reports that while Trump “could change his mind at the last minute,” he appears to have keyed in on Rubio as he works to fill out his foreign policy and national security team. It is not yet clear whether Trump has officially offered Rubio the role.

See also: Trump asks Rep. Mike Waltz, the China hawk, to become his national security advisor

If 53-year-old Rubio agrees, it will be up to Florida Governor Ron DeSantis to decide who will be his temporary successor.

The power to choose a temporary successor comes from the 17th Amendment. Forty-five states, including Florida, authorized their governors to fill a vacancy.

Florida is also listed as one of 34 states where the governor has chosen to serve as a temporary senator who will serve until the general election, the CRS said. This means that any successor would hold the position until January 2029.

The remaining 11 states need standalone special elections to fill the seat on an accelerated schedule, rather than waiting for the next general election, the CRS says.

According to the Congressional Research Service (CRS), vacancies can arise within the U.S. Senate if the person dies, resigns, is expelled, or if the Senate refuses to seat an elected senator.

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