Item Coversheet
Town of Miami Lakes
Memorandum

To:Honorable Mayor and Councilmembers
From:Alex Rey, Town Manager
Subject:Amendment to Sec. 4 of TOML Ordinance No. 12-144
Date:11/7/2017

Recommendation:
It is recommended that the Town Council amends the Miami Lakes Candidate Qualifying Ordinance to modify the language that is inconsistent with Florida Statute 100.141.
Background:

Section 4 of Ordinance No. 12-144, better known as the "Miami Lakes Candidate Qualifying Ordinance" of the Town of Miami Lakes, provides that when a vacancy on the Town Council is to be filled by a special election, the qualifying period shall commence on the first Monday after the Town Council schedules the special election.

Section 100.141 of the Florida Statues provides that Notice of the Special Election to fill any vacancy in office shall be published two times, at least 10 days prior to the first day set for qualifying for office.

As the current Ordinance 12-144 reads, the qualifying period for Special Election is in conflict with Florida Statutes, because it does not allow the 10 day requirement for the Notice of Special Election to be published. Based on this time constraint, we propose the qualifying period to commence on the third Monday after the Town Council schedules a special election; thus, allowing enough time for the notices to be rightly published and to comply with the time specification of Florida Statute 100.141.

ATTACHMENTS:
Description
Ordinance