Title: Opinion File 78-11
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003527/00001
 Material Information
Title: Opinion File 78-11
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 78-11
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 79
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003527
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


July 19, 1978 KEY WORD: a '/

RE: Applicability of "Resign to Run Law" to Governing Board
Member running for Lieutenant Governor.

A member of the SWFWMD Governing Board probably would not be
subject to the provisions of the "resign to run law" under an
exception added to the law by an amendment. That exception
No person who serves as a member of any
appointive board or authority without salary
shall be in violation of this section by
reason of upholding any such office.

99.012(5), Fla. Stat. (1977) (emphasis added). See Evers v. Lacy,
257 So.2d 70 (Fla. App. 1972). This exception was the subject of
an Attorney General's opinion, which stated that a commissioner
of a housing authority, being appointed to office and serving
without salary, was within the exception. 1973 Op. Att'y Gen.
073-456. The court in Evers, supra, however, stated that the
exception was a change in the law and not a clarification of prior
legislative intent. In a suit commenced prior to the enactment of
the amendment, that court thus held that the exception did not
Except from the "resign to run law" a member of a substandard
housing board serving in a nonrenumerative, civic, advisory capacity.

'2 The existence of this exception precludes any necessity for
I determining whether a SWFWMD Governing Board member technically
fits under the provisions of the "resign to runlaw," which states:
No individual may qualify as a candidate for a
public office who holds another elective or
appointive office, whether state, county or
municipal, the term of which or any part thereof
runs concurrently with the term of office for
which he seeks to qualify without resigning from
such office not less than 10 days prior to the
first day qualifying for the office he intends to

99.012(2), Fla. Stat. (1977) (emphasis added). Assuming that a
Governing Board member holds an "appointive offie-' under the terms
of this law, he would come within the perview of it were it not
for the exception contained in subsection (5).


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