CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...embers of the board of supervisors of the Loxahatchee Water Control District? SUMMARY: Unless or until legislatively or judicially determined otherwise, the Loxahatchee Water Control District should adhere to the express provisions of ss.
298.11 and
298.12 , F.S., since neither ss.
298.11 ,
298.12 , F.S., nor ch....
...e followed in future elections of members of the Board of Supervisors. Your inquiry further notes that you have used in the past and have considered using again a runoff procedure in the event that no candidate receives a majority of the votes cast. Section 298.12 , F.S., provides in pertinent part: Annual election of supervisors; term of office, etc....
...In such a manner, the Legislature has prescribed an elections procedure for water control districts within the purview of ch. 298. It is clear that the Legislature contemplated staggered terms of 3 years for each of the original three members, and in light of language in ss.
298.11 ,
298.12 , and ch....
...Additionally, such governmental entities must transact official business in substantially the manner prescribed by law, adhering to rules of procedure established by legislative act. Id . No runoff procedure is expressly or impliedly authorized by ss.
298.11 ,
298.12 , F.S., or ch. 76-455, Laws of Florida. However, s.
298.11 , which is incorporated by reference into s.
298.12 , does make express provisions otherwise: [a]nd the three persons receiving the highest number of votes shall be declared elected as supervisors ....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...rocedures for the recall of, a supervisor. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, s.
298.005 , F.S., defining "owner." 2 See, s.
298.11 (1), F.S. And see, s.
298.11 (2) and (3), F.S., providing for the method of election. 3 Section
298.12 , F.S....
