Florida Senate - 2017                                     SB 990
       By Senator Passidomo
       28-01112-17                                            2017990__
    1                        A bill to be entitled                      
    2         An act relating to municipal election dates; amending
    3         s. 100.3605, F.S.; requiring municipal elections to be
    4         held on certain dates determined by the supervisor of
    5         elections or on alternative fixed dates agreed to by
    6         the supervisor of elections and all municipalities
    7         within the county; providing applicability; preempting
    8         to the state the authority to establish election dates
    9         for municipal elections; providing construction;
   10         amending s. 100.361, F.S.; requiring municipal recall
   11         elections to be held concurrently with municipal
   12         elections under certain conditions; repealing s.
   13         101.75, F.S., relating to change of dates for cause in
   14         municipal elections; providing that the terms of
   15         incumbent elected municipal officers are extended
   16         until the next municipal election; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (2) of section 100.3605, Florida
   22  Statutes, is amended to read:
   23         100.3605 Conduct of municipal elections.—
   24         (2)(a) Each election for municipal office within a county
   25  must be held on the same date as the general election, if held
   26  in an even-numbered year, or on the first Tuesday after the
   27  first Monday in November, if held in an odd-numbered year. The
   28  supervisor of elections shall determine whether elections for
   29  municipal office are held within the county in even-numbered
   30  years, odd-numbered years, or both.
   31         (b) If a municipal charter or ordinance requires a runoff
   32  format for the municipality’s elections for municipal office and
   33  such elections are held:
   34         1. In an even-numbered year, the municipality must hold its
   35  initial election at the primary election held on the Tuesday 10
   36  weeks before the general election and its runoff election at the
   37  general election.
   38         2. In an odd-numbered year, the municipality must hold its
   39  initial election at an election held on the Tuesday 10 weeks
   40  before the election held on the first Tuesday after the first
   41  Monday in November. The municipality must hold its runoff
   42  election at the election held on the first Tuesday after the
   43  first Monday in November.
   44         (c) In lieu of paragraph (a), if the supervisor of
   45  elections and all of the municipalities within a county, except
   46  municipalities that are exempt pursuant to paragraph (e), agree
   47  to conduct elections for municipal office on one alternative
   48  fixed date each year, elections for municipal office in the
   49  county may be held each year on the agreed upon alternative
   50  fixed date. Before a municipal election is conducted pursuant to
   51  this paragraph, each municipality within the county must adopt
   52  the alternative fixed date by ordinance. Each ordinance must
   53  provide the dates for qualifying for the election and the dates
   54  on which the elected officers’ terms of office commence.
   55         (d) For purposes of this subsection, if a municipality is
   56  located within more than one county, the municipality is
   57  considered part of the county in which a majority of the
   58  municipality’s land area is located.
   59         (e) A municipality is exempt from this subsection if it
   60  conducts its elections for municipal office without assistance
   61  from the supervisor of elections. Assistance from the supervisor
   62  of elections does not include a municipality’s use of the voting
   63  devices of the voting system used in the county. An exempt
   64  municipality is not required to agree to the alternative fixed
   65  date established pursuant to paragraph (c).
   66         (f) This subsection does not affect the manner in which
   67  vacancies in municipal office are filled or recall elections for
   68  municipal officers are conducted.
   69         (g) Notwithstanding any general law, special law, local
   70  law, municipal charter, or municipal ordinance, this subsection
   71  provides the exclusive method for establishing the dates of
   72  elections for municipal office in this state. Any general law,
   73  special law, local law, municipal charter, or municipal
   74  ordinance that conflicts with this subsection is superseded to
   75  the extent of the conflict.
   76         (3) The governing body of a municipality may, by ordinance,
   77  change the dates for qualifying and for the election of members
   78  of the governing body of the municipality and provide for the
   79  orderly transition of office resulting from election such date
   80  changes.
   81         Section 2. Subsection (4) of section 100.361, Florida
   82  Statutes, is amended to read:
   83         100.361 Municipal recall.—
   84         (4) RECALL ELECTION.—If the person designated in the
   85  petition files with the clerk, within 5 days after the last
   86  mentioned notice, his or her written resignation, the clerk
   87  shall at once notify the governing body of that fact, and the
   88  resignation shall be irrevocable. The governing body shall then
   89  proceed to fill the vacancy according to the provisions of the
   90  appropriate law. In the absence of a resignation, the chief
   91  judge of the judicial circuit in which the municipality is
   92  located shall fix a day for holding a recall election for the
   93  removal of those not resigning. Any such election shall be held
   94  not less than 30 days or more than 60 days after the expiration
   95  of the 5-day period last-mentioned and at the same time as any
   96  other general, municipal, or special election held within the
   97  period; but if no such election is to be held within that
   98  period, the judge shall call a special recall election to be
   99  held within the period aforesaid.
  100         Section 3. Section 101.75, Florida Statutes, is repealed.
  101         Section 4. To provide for an orderly transition of office,
  102  the terms of incumbent elected municipal officers are extended
  103  until the next municipal election held in accordance with this
  104  act.
  105         Section 5. This act shall take effect January 1, 2018.