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, 64change the dates for qualifying and for the election of members65of the governing body of the municipality andprovide for the 66 orderly transition of office resulting from electionsuchdate 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.