House Bill 0835er

    ENROLLED

    2000 Legislature                                        HB 835



  1

  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.




    ENROLLED

    2000 Legislature                                        HB 835



  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.




    ENROLLED

    2000 Legislature                                        HB 835



  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