House Bill 0835
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 835
By Representatives Tullis, Thrasher, Hill, Fuller, Lee,
Arnall and Crady
1 A bill to be entitled
2 An act relating to vacancies on the council of
3 the City of Jacksonville; amending chapter
4 92-341, Laws of Florida, as amended, to
5 authorize council members-elect, duly elected
6 in the first or general consolidated government
7 election, to take office immediately after
8 election certification if there is a vacancy in
9 the office; providing an effective date.
10
11 WHEREAS, council members in the City of Jacksonville
12 are elected in the springtime consolidated government
13 elections and take office on July 1 of that election year, and
14 WHEREAS, sometimes a council member office may be
15 vacant at the time of the first consolidated government
16 election or at the time of the general consolidated government
17 election, and
18 WHEREAS, if the office of an incumbent council member
19 is vacant, there is a hiatus between the time of the first
20 consolidated government election or the general consolidated
21 government election and the actual taking of office and, as a
22 result, a council district or at-large residence area would
23 have no representation, and
24 WHEREAS, such situation of nonrepresentation should be
25 remedied by amending, in part, Section 5.06, of the Charter of
26 the City of Jacksonville to allow council members elected in
27 the first or general consolidated government election to fill
28 their offices immediately after election certification only in
29 those cases in which a vacancy exists at the time of the first
30 or general consolidated government election, NOW, THEREFORE,
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 835
209-229-00
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 5.06 of chapter 92-341, Laws of
4 Florida, as amended, is amended to read:
5 Section 5.06. Vacancies; temporary appointments.--The
6 office of a council member councilman shall become vacant upon
7 his or her death, resignation, failure to reside continuously
8 in the district from which he or she was elected, except in
9 the event redistricting should occur during his or her term of
10 office pursuant to section 5.02, or removal from office in any
11 manner authorized by law. A vacancy in the council shall be
12 filled for the remainder of the unexpired term by election of
13 a council member councilman at a special election to be called
14 pursuant to resolution of the city council and held on a date
15 no sooner than 1 month and no later than 6 months after the
16 vacancy occurs, which special election shall, if possible, be
17 held in conjunction with any other election scheduled to be
18 held within the county. Any resignation by a council member
19 councilman shall be submitted in writing to the supervisor of
20 elections (with a copy to the secretary of the city council),
21 shall specify the date on which it is effective, and shall be
22 irrevocable. If any council member councilman submits a
23 resignation which is effective at a date later than that on
24 which it is submitted, the city council may, by resolution,
25 call a special election for the election of a successor, said
26 special election to be held on a date not less than 1 month
27 after the date the resignation is submitted nor more than 6
28 months prior to the date the resignation is effective; and
29 such special elections shall, if possible, be held in
30 conjunction with any other election scheduled to be held
31 within the county. In those situations in which a vacancy
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 835
209-229-00
1 exists in a council district or at-large resident area and
2 such vacancy is filled in the first consolidated government
3 election or in the general consolidated government election,
4 the council member-elect, who has been duly elected in the
5 first consolidated government election or in the general
6 consolidated government election, to represent said vacant
7 district or at-large residence area, shall take office and
8 assume and exercise all duties of office immediately after
9 certification of said election returns, as of the date of said
10 certification, in order to reduce the time the council
11 district or at-large residence area is vacant and without
12 representation.
13 Section 2. This act shall take effect upon becoming a
14 law.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3