Florida/Georgia Personal Injury & Workers Compensation

...Moreover, although the Florida Election Code expressly allows for municipal elections to vary from its requirements pursuant to an ordinance or charter so long as the variance does not conflict with "any provision in the Florida Election Code that expressly applies to municipalities," § 100.3605(1), Florida Statutes (2018), there is no similar allowance for county elections....

...the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates . . . without approval by referendum of the electors as provided in s. 166.031." (e.s.) In addition, section 100.3605 (2), Florida Statutes, provides that the governing body of a municipality may, by ordinance, "change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly trans...

...166.021 , F.S.; authorizing amendment of a special law or municipal charter for the purpose of changing election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum; creating s. 100.3605 , F.S.; ....

...4 According to Municipal Code Corporation, the current Charter of the City of Lauderdale Lakes, was adopted by Ordinance No. 604, and ratified by the electorate on March 13, 1979. See http://www.municode.com/Resources/gateway.asp?pid=19971 sid=9. 5 And see s. 100.3605 (1), Fla....

...r. Frank Comparetto, Jr. Mulberry City Attorney Citrus Chemical Bank Building 114 North Tennessee Avenue, Suite 204 Lakeland, Florida 33801-4659 Dear Mr. Comparetto: You ask substantially the following question: May the City of Mulberry, pursuant to section 100.3605 , Florida Statutes, amend its city charter by ordinance to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November? In sum: Pursuant to section 100.3605 , Florida Statutes, the City of Mulberry may by ordinance amend its city charter to move the dates of city elections from April to November to coincide with federal, state, and county elections and to extend the terms of the sitting commissioners to November....

...ng periods for candidates and for changes in terms of office necessitated by such changes in election dates , . . . without approval by referendum of the electors as provided in s. 166.031 . . . ." (e.s.) Section 2 of Chapter 95-178, supra , created section 100.3605 , Florida Statutes, relating to the conduct of municipal elections. 1 Subsection (2) of section 100.3605 provides: "(2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulti...

...166.021 , F.S.; authorizing amendment of a special law or municipal charter for the purpose of changing election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum; creating s. 100.3605 , F.S.; ....

...3 The title reflects an intent of the Legislature to permit municipalities to amend their charter to change the election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum. Accordingly, I am of the opinion that pursuant to section 100.3605 , Florida Statutes, the City of Mulberry may by ordinance amend its city charter to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November....

...the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates . . . without approval by referendum of the electors as provided in s. 166.031 ." (e.s.) Further, section 100.3605 (2), Florida Statutes, provides that the governing body of a municipality may, by ordinance, "change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes." 3 Both the language in section 166.012(4), Florida Statutes, and section 100.3605 (2), Florida Statutes, were added by Chapter 95-178 , Laws of Florida....

...e additional year. Charter amendments designed to effectuate changes in the term of office of municipal officers such as changing from a two-year to a four-year term do not fall within the scope of the exception contained in sections 166.021 (4) and 100.3605 (2), Florida Statutes, and must be accomplished by referendum....

...isions or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal Constitution. 3 And see s. 100.3605 (1), Fla....

on the third day following the election." 3 Section 100.3605(1), Florida Statutes, provides that the Florida

...Brady 501 Northeast 8th Street Fort Lauderdale, Florida 33304 Dear Mr. Brady: On behalf of the Mayor and City Commission of the City of Lauderdale Lakes, you ask substantially the following question: May the City of Lauderdale Lakes, pursuant to sections 166.021 (4) and 100.3605 , Florida Statutes, amend its city charter by ordinance to move the dates of city elections from March to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November, when...

...ying periods for candidates and for changes in terms of office necessitated by such changes in election dates , . . . without approval by referendum of the electors as provided in s. 166.031 . . ." (e.s.) In addition, Chapter 95-178, supra , created section 100.3605 , Florida Statutes, relating to the conduct of municipal elections. 1 Subsection (2) of section 100.3605 provides: "The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting f...

...tion dates and qualifying periods for candidates, including any changes in terms of office necessitated by such amendment, without a referendum. Accordingly, I am of the opinion that the City of Lauderdale Lakes, pursuant to sections 166.021 (4) and 100.3605 , Florida Statutes, may amend its city charter by ordinance to move the dates of city elections from March to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November, when the existing charter was last amended in January 1998....

...166.021 , F.S.; authorizing amendment of a special law or municipal charter for the purpose of changing election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum; creating s. 100.3605 , F.S.; ....

...01-81 (2001), the city was interested in changing the term of office for future council members. This office concluded that the change in term of city council members from two years to three years did not fall within the exception recognized in ss. 166.021 (4) and 100.3605 ; thus, such a change would have to be submitted to the voters for approval.

In addition, Chapter 95-178, supra, created section 100.3605, Florida Statutes, relating to the conduct

...municipal elections. § 97.0115, Fla. Stat. (2016) (“All matters set forth in chapters 97-105 are preempted to the state, except as otherwise specifically authorized by state pr federal law. The conduct of municipal elections shall be governed by s. 100.3605.”). Section 100.3605 .provides: The Florida Election Code, chapters 97-106, shall govern the conduct of a municipality’s election, in the absence of an applicable, special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities. , § 100.3605(1), Fla....

...numbered years and limits elected officials to being elected to two four-year terms. In response, the City filed an emergency motion to dismiss the complaint, arguing the Ordinance is authorized collectively under three general law statutes—specifically, sections 100.3605, 166.021 and 101.75 of the Florida Statutes—which the City contends supersede the County Home Rule Charter....

...inconsistent if, in order to comply with one provision, a violation of the other is required.” Jordan Chapel, 334 So. 2d at 664. It is clear that if (pursuant to the Ordinance) the election is not held until November 2026 this would 10 See § 100.3605, Fla....

election date, and corresponding qualifying date. Section 100.3605(2), Florida Statutes, provides: "The governing

...Moreover, although the Florida Election Code expressly allows for municipal elections to vary from its requirements pursuant to an ordinance or charter so long as the variance does not conflict with “any provision in the Florida Election Code that expressly applies to municipalities,” § 100.3605(1), Florida Statutes (2018), there is no similar allowance for county elections. II....