§ 5.06. Vacancies; temporary appointments.  


Latest version.
  • The office of a council member shall become vacant upon his or her death, resignation, failure to reside continuously in the district or residence area from which he or she was elected, except in the event redistricting should occur during his or her term of office pursuant to section 5.02, or removal from office in any manner authorized by law. A vacancy in the council shall be filled for the remainder of the unexpired term by election of a council member at a special election to be called pursuant to resolution of the city council and held on a date no sooner than 1 month and no later than 6 months after the vacancy occurs, which special election shall, if possible, be held in conjunction with any other election scheduled to be held within the county. Any resignation by a council member shall be submitted in writing to the supervisor of elections (with a copy to the secretary of the city council), shall specify the date on which it is effective, and shall be irrevocable. If any council member submits a resignation which is effective at a date later than that on which it is submitted, the city council may, by resolution, call a special election for the election of a successor, said special election to be held on a date not less than 1 month after the date the resignation is submitted nor more than 6 months prior to the date the resignation is effective; and such special elections shall, if possible, be held in conjunction with any other election scheduled to be held within the county. In those situations in which a vacancy exists in a council district or at-large resident area and such vacancy is filled in the first consolidated government election or in the general consolidated government election, the council member-elect, who has been duly elected in the first consolidated government election, or in the general consolidated government election to represent said vacant district or at-large residence area, shall take office and assume and exercise all duties of office immediately after certification of said election returns, as of the date of said certification, in order to reduce the time the council district or at-large residence area is vacant and without representation.

(Laws of Fla., Ch. 73-509; Laws of Fla., Ch. 77-576; Laws of Fla., Ch. 83-433, § 1; Ord. 84-1307-754, § 1; Ord. 91-1356-600, § 4; Laws of Fla., Ch. 92-341, § 1; Laws of Fla., Ch. 2000-389)