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).