HomeMy WebLinkAbout08-13-2004 Legal Opinion - Florida's Resign-to-Run LawBROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Lain
Usher L. Brown
Offices in Orlando, Kissimmee,
Debra S. Babb-Nutcher'
Jeffrey P. Buak'
Cocoa & Viera
Joseph E. Blitch
Suzanne D'Agresta'
John U. Biedenharn, Jr.
Anthony A. Garganese°
Lisa M. Fletcher
John H. Ward'
RECEIVE®
AmyJ. Goddard
Jeffrey S. Weiss
Katherine Latorre
_
Melanie A. Mucano
J U L 1 7 2004
Michelle A. Reddin
'Board Certified Civil Trial Lawyer
°Board Certified City, County & Local Government Law
OFFICE OF THE CITYINGS CLERK
Erin J. O'Leary
J. W. Taylor
Of Counsel
August 13, 2004
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Legal Opinion - Florida's Resign -to -Run Law
City of Winter Springs - General #1193
Dear Andrea:
Please allow this correspondence to serve as a followup and response to your
inquiry regarding Florida's Resign -to -Run Law.
Florida's Resign -to -Run Law, Section 99.012, Florida Statutes (2003), requires any
elective or appointed officer who desires to seek election to another public office, for a term
of which runs concurrently with or overlaps the term of the office he currently holds, to
resign from the office he presently holds before he can qualify as a candidate for the other
office. However, this provision does not apply to any person serving without sal?1M as a
member of an appointed board or authority. Section 99.012(7). (See Florida Attorney
General Opinion 83-91, citing an earlier opinion finding that a commissioner of a housing
authority, being appointed to office and serving without salary, was within the exception to
the Resign -to -Run Law created by Section 99.012, Florida Statutes, and was not required
to resign in order to qualify as a candidate for the office of city councilman.)
Section 2-41 allows appointed board members to receive reimbursement for
expenses incurred in performing their duties as board members. This reimbursement does
not constitute salary. Therefore, at this time, appointed City board members do not need
to resign to run for City Commission since they are not paid a salary by the City to serve
on a board.
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, City Clerk
August 13, 2004
Page 2
Should you have any questions regarding the foregoing, please do not hesitate to
contact me.
V t u rs,
Anthony A. Garganese
City Attorney
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