Bill Text: FL S0952 | 2017 | Regular Session | Introduced
Bill Title: Resign-to-run Law
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Ethics and Elections [S0952 Detail]
Download: Florida-2017-S0952-Introduced.html
Florida Senate - 2017 SB 952 By Senator Passidomo 28-01406-17 2017952__ 1 A bill to be entitled 2 An act relating to the resign-to-run law; amending s. 3 99.012, F.S.; revising the resign-to-run law to 4 require an officer who qualifies for federal public 5 office to resign from the office he or she presently 6 holds if the terms, or any part thereof, run 7 concurrently; prescribing requirements for the written 8 resignation; providing for an automatic irrevocable 9 resignation in the event of noncompliance; specifying 10 that a resignation creates a vacancy in office; 11 revising an exception to the resign-to-run law; 12 amending s. 121.121, F.S.; conforming a cross 13 reference; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Present subsections (4), (5), and (6) of section 18 99.012, Florida Statutes, are renumbered as subsections (5), 19 (6), and (7), respectively, a new subsection (4) is added to 20 that section, and present subsection (7) of that section is 21 amended, to read: 22 99.012 Restrictions on individuals qualifying for public 23 office.— 24 (4)(a) Any officer who qualifies for federal public office 25 must resign from the office he or she presently holds if the 26 terms, or any part thereof, run concurrently with each other. 27 (b) The resignation is irrevocable. 28 (c) The resignation must be submitted no later than the 29 date upon which the officer qualifies for office. 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 person or authority who appointed the officer 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)Nothing contained in subsection (3) or subsection 70 (4) relates to persons holding any federal officeor seeking the71office of President or Vice President. 72 Section 2. Subsection (2) of section 121.121, Florida 73 Statutes, is amended to read: 74 121.121 Authorized leaves of absence.— 75 (2) A member who is required to resign his or her office as 76 a subordinate officer, deputy sheriff, or police officer because 77 he or she is a candidate for a public office which is currently 78 held by his or her superior officer who is also a candidate for 79 reelection to the same office, in accordance with s. 99.012(5) 80s. 99.012(4), shall, upon return to covered employment, be 81 eligible to purchase retirement credit for the period between 82 his or her date of resignation and the beginning of the term of 83 office for which he or she was a candidate as a leave of absence 84 without pay, as provided in subsection (1). 85 Section 3. This act shall take effect January 1, 2018.