ORDINANCE NO. 08-10
AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO THE QUALIFYING DATE TO RUN FOR TOWN COUNCIL; MAKING FINDINGS; AMENDING SECTION 2.02(4), TOWN CHARTER; CHANGING THE DATES PRIOR TO THE TOWN ELECTION TO QUALIFY TO RUN FOR TOWN COUNCIL; PROVIDING FOR SEVERABILITY/ INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, based on changes in Florida law and schedules for elections in Brevard County, the Brevard County Supervisor of Elections has required that the ballot for all Town Council candidates shall be provided to the Supervisor of Elections by not later than August 26, 2008, which is approximately seventy (70) days prior to the November general election in calendar year 2008;
WHEREAS, the Town Charter provides that candidate filing for Town Council will close sixty-five (65) days prior to the election, and the Town Charter must be amended to comport with the directives and schedule of Florida law and the Brevard County Supervisor of Elections;
WHEREAS, Section 100.3605(2), Florida Statutes (2005), provides that:
100.3605. Conduct of municipal elections.
(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 resulting from such date changes;
WHEREAS, normally the Town Council would be required to adopt an ordinance which would have to be approved by a referendum prior to the time that an amendment to the Town Charter could become effective. See generally §§166.021(4) and (5) and 166.031, Florida Statutes;
WHEREAS, the Attorney General has determined that “pursuant to section 100.3605, Florida Statutes, the [Town] . . . may by ordinance [without a referendum] amend its [Town] . . . charter to move the dates of [Town] . . . elections . . ..” See AGO 2000-61;
WHEREAS, in AGO 2003-52, the
Attorney General specifically stated that a municipality could amend its
charter by ordinance without a referendum to change the dates of qualifying for
municipal office; and
WHEREAS, it is the intent of the Town Council to comply with Florida law in amending the dates for qualifying for municipal office.
NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida:
SECTION 1. That Section 2.02(4) of the Town Charter of Indialantic, Florida, is hereby amended to read as follows:
Sec. 2.02. Composition and qualifications.
* * *
(4) The town official specified by Town Ordinance
for certification of candidacy shall certify a candidate for election to a
Council seat who has met the requirements of this Charter, the Town Ordinances,
and applicable Florida Statutes to qualify for a Council seat.
Certification shall be made to the Town Council. To qualify to run for a
Council seat a candidate must, not less than seventy-four (74) sixty-five (65) nor more than eighty-eight (88) seventy-nine
(79) days prior to the date of the
election, present to the certifying official:
a petition signed by ten (10) currently qualified Town electors; payment
of the filing fee as determined by Town Ordinance; and a sworn statement of his
or her name, address, and residency within the Town for at least one (1) year
prior to the date of qualifying for office.
In the event that the seventy-fourth (74th) sixty-fifth
(65th) day for the close of qualifying to run for Mayor or Town
Council falls on a Saturday, Sunday, or holiday, such as Labor Day,
qualifying shall end at the close of business on the Friday prior to the seventy-fourth
(74th) sixty-fifth (65th) day before the date
of the election.
SECTION 2. Severability/Interpretation Clause.
(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.
(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken
through are deletions from existing text.
(3) Asterisks (* * *) indicates a deletion from the Ordinance of text existing in the Town Charter or Code of Ordinances. It is intended that the text in the Town Charter or Code of Ordinance denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.
(c) Any legislative intent included in this Ordinance shall not be codified.
SECTION 3. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith, except portions of the Comprehensive Plan, are hereby repealed.
SECTION 4. Effective Date. This Ordinance shall become effective upon adoption.
PASSED by the Town Council of the Town of Indialantic Florida, on first reading on the 17th day of June, 2008, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on final reading on the 15th day of July, 2008.
TOWN OF INDIALANTIC, FLORIDA
By:_____________________________
Robert L. Cochran, Mayor
ATTEST:________________________
Laura Eaton, Town Clerk (TOWN SEAL)