HB 1401

1
A bill to be entitled
2An act relating to Broward County; amending chapter 75-
3350, Laws of Florida, as amended by chapters 76-336 and
477-507, Laws of Florida; revising provisions relating to
5the governing of municipal elections in Broward County;
6specifying the dates on which municipal candidates shall
7file qualification papers and pay certain fees with
8respect to certain elections; revising provisions relating
9to the dates on which municipal primary and general
10elections shall be held; authorizing municipalities to
11extend or reduce terms of office for certain purposes;
12authorizing the governing body of each municipality to
13change the date of its municipal elections by ordinance,
14subject to approval by referendum; requiring the
15supervisor of elections to provide to each municipality a
16schedule of fees and charges for all municipal election
17services for the following calendar year by a time
18certain; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Chapter 75-350, Laws of Florida, as amended by
23chapters 76-336 and 77-507, Laws of Florida, is amended to read:
24     Section 1.  It is the intent of this act to provide for
25uniform filing and election dates for all municipal elections in
26Broward County. It is not the intent of this act to determine
27the length of terms of municipal offices.
28     Section 2.  For any municipal elections held in Broward
29County in March of a calendar year, candidates for any municipal
30office in such elections Broward County shall file such papers
31and pay such fees as may be required by law with the applicable
32municipal city clerk no earlier than noon on the first work day
33in January nor later than noon on the 14th day following the
34first work day in January of the calendar year in which the
35election is to be held. For any municipal elections held in
36Broward County in November of a calendar year, candidates for
37office in such elections shall file such papers and pay such
38fees as may be required by law with the applicable municipal
39clerk no earlier than noon on the first work day in September
40nor later than noon on the 14th day following the first work day
41in September of the calendar year in which the election is to be
42held.
43     Section 3.  Any primary election relating to a municipal
44office held in a municipality in Broward County shall be held on
45the second 2nd Tuesday in of February of a calendar year or the
46first Tuesday of October of any even-numbered calendar year and
47all general elections relating to a municipal office held in a
48municipality in Broward County shall be held on the second
49Tuesday in March of a the calendar year or the first Tuesday in
50November of any even numbered calendar year.
51     Section 4.  Any municipality whose charter or ordinances
52provided for a primary election to determine a slate of
53candidates for a municipal office and which charter or ordinance
54provision was in effect prior to the effective date of Chapter
5575-350, Laws of Florida, may, upon adopting or reenacting an
56ordinance authorizing primary elections approved by a majority
57vote of those qualified electors of the municipality voting in a
58referendum election, conduct such a primary election to
59determine a slate of candidates for election to municipal
60office.
61     Section 5.  In any primary election held in any race for
62municipal offices in Broward County the manner and method by
63which a slate of candidates is to be determined shall be as
64provided by the Charter or Code of Ordinances of the
65municipality conducting the primary election as provided herein.
66In any general election in races for municipal offices in
67Broward County, the candidate or candidates, depending upon the
68number to be elected, receiving the highest number of votes in
69the election shall be the winner. Such duly elected municipal
70officers shall take office within fourteen (14) days after the
71general election with the specific day to be decided by local
72ordinance.
73     Section 6.  In order to implement any change in the month
74in which elections will be held, Broward County municipalities
75may either extend or reduce terms of office of existing elected
76officials for a period of up to eight (8) months. Initially any
77municipal officer whose term of office expires subsequent to
78July 1 in any calendar year shall stand for re-election in March
79of the following calendar year and shall continue in office
80until the election of his successor.  Initially any municipal
81officer whose term of office expires prior to and including July
821 in any calendar year shall stand for re-election in March of
83that calendar year.
84     Section 7.  The governing body of each municipality in
85Broward County may, at its discretion, amend its Charter to
86change the date of its municipal elections in accordance with
87this act by ordinance, subject to approval by referendum;
88provided, however, that any change in election date will not be
89effective until at least eighteen (18) months after the approval
90of the ordinance by the municipality?s governing body. The
91provisions of section 6 shall apply only to the first election
92for each office to be held under the provisions of the act.
93Thereafter, the terms of all municipal offices shall correspond
94to the dates provided pursuant to this act.
95     Section 8.  All municipal elections shall be canvassed by
96the county canvassing board with said board certifying the
97results to each city clerk within five (5) days after the
98election.
99     Section 9.  The Broward Supervisor of Elections shall
100provide to each Broward County municipality by the first work
101day in April of the calendar year a schedule of fees and charges
102for municipal election services for the following calendar year.
103     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.