HomeMy WebLinkAbout 08-08-2002 Legal Opinion - Candidate Qualification Periodh
BROWN, WARD, SALZMAN & WEISS, P.A.
Usher L. Brown 11
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman°
John H. Ward •
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
Board Certified City, County & Local Government Law
Attorneys at Law
Offices in Orlando, Kissimmee, Debra S. Babb
Cocoa & Viera Jeffrey P. Buak
Alfred Truesdell
Joseph E. Blitch
Scott D. Danahy
Theodore F. Greene, III
Kristine R. Kutz
Todd K. Norman
Vincent E. Scarlatos
Erin J. O'Leary
Of Counsel
August 8, 2002
Sent Via Facsimile & US Mail
407-327-4753
Andrea Lorenzo-Luaces
City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Legal Opinion - Candidate Qualification Period
City of Winter Springs - General
Our File No.: 1193
Dear Andrea:
Please allow this correspondence to acknowledge your request for a legal opinion
regarding the candidate qualification period for the 2002 general election. You have
substantially asked, where the election period ends on a Sunday, does the qualification
period end on the preceding Friday?
We are of the opinion the qualification period ends on Sunday, September 15,
2002, as the City Code currently provides.
Section 100.3605(2), Florida Statutes, provides in pertinent part, "[T]he governing
body of a municipality may, by ordinance, change the dates for qualifying..." Section 2-87
of the City Code requires candidate applications be filed and the qualifying fee paid
225 East Robinson Street, Suite 660 - P.O. Box 2873 - Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 - Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net - Email: firm@orlandolaw.net
Andrea Lorenzo Luaces
August 8, 2002
Page 2
between the first day of September and the fifteenth day of September, during which the
filing officer's office shall be open for qualifying for election. The Code does not address
the days and times which your office will be open for qualifying.
Based upon the foregoing, we are of the opinion your office should be open during
normal business hours on Sunday, September 15, 2002, to accept any last minute filings.
Alternatively, an ordinance could be prepared for the Commissions consideration which
would address this issue, now and in the future. For instance, the ordinance could amend
section 2-87 by specifying your office will be open to qualify candidates during normal
business hours, Monday through Friday. Where the qualification periods ends on a
weekend or holiday, the qualification period shall be extended until the close of the next
normal business day.
If you have any questions regarding this matter or if you need assistance with
preparing an ordinance, as discussed above, please do not hesitate to call our offices.
Very truly yours,
/Jeff//yP. uak
Assistant City Attorney
MX
cc: Anthony A. Garganese, City Attorney
F:%Lawyer%jeffb1Clty of Winter SpringslCorrespondencelLuaces - Candidate Qualification.wpd
225 East Robinson Street, Suite 660 • P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net