Bill Text: FL S0186 | 2018 | Regular Session | Enrolled
Bill Title: Resign-to-run Law
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-02 - Chapter No. 2018-126 [S0186 Detail]
Download: Florida-2018-S0186-Enrolled.html
ENROLLED 2018 Legislature SB 186, 1st Engrossed 2018186er 1 2 An act relating to the resign-to-run law; amending s. 3 99.012, F.S.; requiring an officer who qualifies for 4 federal public office to resign from the office he or 5 she presently holds if the terms, or any part thereof, 6 run concurrently; prescribing requirements for the 7 written resignation; providing for an automatic 8 irrevocable resignation in the event of noncompliance; 9 specifying that a resignation creates a vacancy in 10 office; revising an exception to the resign-to-run 11 law; amending s. 121.121, F.S.; conforming a cross 12 reference; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Present subsections (4) through (7) of section 17 99.012, Florida Statutes, are renumbered as subsections (5) 18 through (8), respectively, a new subsection (4) is added to that 19 section, and present subsection (7) of that section is amended, 20 to read: 21 99.012 Restrictions on individuals qualifying for public 22 office.— 23 (4)(a) Any officer who qualifies for federal public office 24 must resign from the office he or she presently holds if the 25 terms, or any part thereof, run concurrently with each other. 26 (b) The resignation is irrevocable. 27 (c) The resignation must be submitted at least 10 days 28 before the first day of qualifying for the office he or she 29 intends to seek. 30 (d) The written resignation must be effective no later than 31 the earlier of the following dates: 32 1. The date the officer would take office, if elected; or 33 2. The date the officer’s successor is required to take 34 office. 35 (e)1. An elected district, county, or municipal officer 36 shall submit his or her resignation to the officer before whom 37 he or she qualified for the office he or she holds, with a copy 38 to the Governor and the Department of State. 39 2. An appointed district, county, or municipal officer 40 shall submit his or her resignation to the officer or authority 41 which appointed him or her to the office he or she holds, with a 42 copy to the Governor and the Department of State. 43 3. All other officers shall submit their resignations to 44 the Governor with a copy to the Department of State. 45 (f)1. The failure of an officer who qualifies for federal 46 public office to submit a resignation pursuant to this 47 subsection constitutes an automatic irrevocable resignation, 48 effective immediately, from the office he or she presently 49 holds. 50 2. The Department of State shall send a notice of the 51 automatic resignation to the Governor, and in the case of a 52 district, county, or municipal officer, a copy to: 53 a. The officer before whom he or she qualified if the 54 officer held an elective office; or 55 b. The officer or authority who appointed him or her if the 56 officer held an appointive office. 57 (g) Notwithstanding the provisions of any special act to 58 the contrary, with regard to an elective office, the resignation 59 creates a vacancy in office to be filled by election, thereby 60 authorizing persons to qualify as candidates for nomination and 61 election as if the officer’s term were otherwise scheduled to 62 expire. With regard to an elective charter county office or 63 elective municipal office, the vacancy created by the officer’s 64 resignation may be filled for that portion of the officer’s 65 unexpired term in a manner provided by the respective charter. 66 The office is deemed vacant upon the effective date of the 67 resignation submitted by the official in his or her letter of 68 resignation. 69 (8)(7)SubsectionsNothing contained in subsection(3) and 70 (4) do not applyrelatesto persons holding any federal office 71or seeking the office of President or Vice President. Subsection 72 (4) does not apply to an elected officer if the term of the 73 office that he or she presently holds is scheduled to expire and 74 be filled by election in the same primary and general election 75 period as the federal office he or she is seeking. 76 Section 2. Subsection (2) of section 121.121, Florida 77 Statutes, is amended to read: 78 121.121 Authorized leaves of absence.— 79 (2) A member who is required to resign his or her office as 80 a subordinate officer, deputy sheriff, or police officer because 81 he or she is a candidate for a public office which is currently 82 held by his or her superior officer who is also a candidate for 83 reelection to the same office, in accordance with s. 99.012(5) 84s. 99.012(4), shall, upon return to covered employment, be 85 eligible to purchase retirement credit for the period between 86 his or her date of resignation and the beginning of the term of 87 office for which he or she was a candidate as a leave of absence 88 without pay, as provided in subsection (1). 89 Section 3. This act shall take effect upon becoming a law.