Florida Senate - 2018                                    SB 1262
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01204-18                                            20181262__
    1                        A bill to be entitled                      
    2         An act relating to election dates for municipal
    3         office; amending s. 100.3605, F.S.; requiring the
    4         governing body of a municipality to determine the
    5         dates on which initial and runoff elections for
    6         municipal office are held and providing options
    7         therefor; preempting to the state the authority to
    8         establish election dates for municipal elections;
    9         providing construction; amending s. 100.361, F.S.;
   10         requiring municipal recall elections to be held
   11         concurrently with municipal elections under certain
   12         conditions; repealing s. 101.75, F.S., relating to
   13         change of dates for cause in municipal elections;
   14         extending the terms of incumbent elected municipal
   15         officers until the next municipal election; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 100.3605, Florida Statutes, is amended
   21  to read:
   22         100.3605 Conduct of municipal elections.—
   23         (1) The Florida Election Code, chapters 97-106, shall
   24  govern the conduct of a municipality’s election in the absence
   25  of an applicable special act, charter, or ordinance provision.
   26  No charter or ordinance provision shall be adopted which
   27  conflicts with or exempts a municipality from any provision in
   28  the Florida Election Code that expressly applies to
   29  municipalities.
   30         (2)(a)The governing body of a municipality shall determine
   31  if an election for municipal office is held on the same date as
   32  the general election, the first Tuesday after the first Monday
   33  in November in an odd-numbered year, or the third Tuesday in
   34  March in an odd-numbered year or even-numbered year.
   35         (b)If a municipal charter or ordinance requires a runoff
   36  election for municipal office, the governing body of a
   37  municipality shall conduct its elections in one of the following
   38  formats:
   39         1.The initial election shall be held at the primary
   40  election on the Tuesday 10 weeks before the general election,
   41  and the runoff election shall be held on the same date as the
   42  general election.
   43         2.The initial election shall be held at an election on the
   44  Tuesday 10 weeks before the election held on the first Tuesday
   45  after the first Monday in November in an odd-numbered year, and
   46  the runoff election shall be held at an election on the first
   47  Tuesday after the first Monday in November in an odd-numbered
   48  year.
   49         3.The initial election shall be held at an election on the
   50  Tuesday 10 weeks before the third Tuesday in March, and the
   51  runoff election shall be held at an election on the third
   52  Tuesday in March.
   53         (c)This subsection does not affect the manner in which
   54  vacancies in municipal offices are filled or the manner in which
   55  recall elections for municipal officers are conducted.
   56         (d)Notwithstanding any general law, special law, local
   57  law, municipal charter, or municipal ordinance, this subsection
   58  provides the sole method for establishing the dates of elections
   59  for municipal office in this state. Any general law, special
   60  law, local law, municipal charter, or municipal ordinance that
   61  conflicts with this subsection is superseded to the extent of
   62  the conflict.
   63         (3) The governing body of a municipality may, by ordinance,
   64  change the dates for qualifying and for the election of members
   65  of the governing body of the municipality and provide for the
   66  orderly transition of office resulting from election such date
   67  changes.
   68         Section 2. Subsection (4) of section 100.361, Florida
   69  Statutes, is amended to read:
   70         100.361 Municipal recall.—
   71         (4) RECALL ELECTION.—If the person designated in the
   72  petition files with the clerk, within 5 days after the last
   73  mentioned notice, his or her written resignation, the clerk
   74  shall at once notify the governing body of that fact, and the
   75  resignation shall be irrevocable. The governing body shall then
   76  proceed to fill the vacancy according to the provisions of the
   77  appropriate law. In the absence of a resignation, the chief
   78  judge of the judicial circuit in which the municipality is
   79  located shall fix a day for holding a recall election for the
   80  removal of those not resigning. Any such election shall be held
   81  not less than 30 days or more than 60 days after the expiration
   82  of the 5-day period last-mentioned and at the same time as any
   83  other general, municipal, or special election held within the
   84  period; but if no such election is to be held within that
   85  period, the judge shall call a special recall election to be
   86  held within the period aforesaid.
   87         Section 3. Section 101.75, Florida Statutes, is repealed.
   88         Section 4. To provide for an orderly transition of office,
   89  the term of each incumbent elected municipal officer is extended
   90  until the next municipal election held in accordance with this
   91  act.
   92         Section 5. This act shall take effect July 1, 2020.