HB 385

1
A bill to be entitled
2An act relating to municipal elections; amending s.
3166.031, F.S.; providing circumstances under which a
4candidate without opposition due to a specified vacancy in
5candidacy shall be declared elected to office without
6having to reopen the qualifying period and hold a
7municipal special election; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (6) of section 166.031, Florida
12Statutes, is amended to read:
13     166.031  Charter amendments.-
14     (6)  Each municipality shall, by ordinance or charter
15provision, provide procedures for filling a vacancy in office
16caused by death, resignation, or removal from office. The Such
17ordinance or charter provision shall also provide procedures for
18filling a vacancy in candidacy caused by death, withdrawal, or
19removal from the ballot of a qualified candidate following the
20end of the qualifying period which leaves fewer than two
21candidates for an office. Notwithstanding any provisions adopted
22pursuant to this subsection, if a vacancy in candidacy is caused
23by the withdrawal or removal from the ballot of a qualified
24candidate for the second time in the same contest or by the
25death of such candidate, thereby leaving fewer than two
26candidates for the office, the remaining candidate shall be
27declared elected to the office without opposition and without
28the need for reopening the qualifying period and holding a
29municipal special election.
30     Section 2.  This act shall take effect July 1, 2010.


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