Florida Senate - 2010                                     SB 974 
 
By Senator Ring 
32-00978-10                                            2010974__ 
1                        A bill to be entitled 
2         An act relating to municipal elections; amending s. 
3         166.031, F.S.; providing circumstances under which a 
4         candidate without opposition due to a specified 
5         vacancy in candidacy shall be declared elected to 
6         office without having to reopen the qualifying period 
7         and hold a municipal special election; providing an 
8         effective date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. Subsection (6) of section 166.031, Florida 
13  Statutes, is amended to read: 
14         166.031 Charter amendments.— 
15         (6) Each municipality shall, by ordinance or charter 
16  provision, provide procedures for filling a vacancy in office 
17  caused by death, resignation, or removal from office. The Such 
18  ordinance or charter provision shall also provide procedures for 
19  filling a vacancy in candidacy caused by death, withdrawal, or 
20  removal from the ballot of a qualified candidate following the 
21  end of the qualifying period which leaves fewer than two 
22  candidates for an office. Notwithstanding any provisions adopted 
23  pursuant to this subsection, if a vacancy in candidacy is caused 
24  by the withdrawal or removal from the ballot of a qualified 
25  candidate for the second time in the same contest or by the 
26  death of such candidate, thereby leaving fewer than two 
27  candidates for the office, the remaining candidate shall be 
28  declared elected to the office without opposition and without 
29  the need for reopening the qualifying period and holding a 
30  municipal special election. 
31         Section 2. This act shall take effect July 1, 2010.