§ 206. Vacancies; incapacity or absence due to military service.

A.

Vacancies. Vacancies shall be defined and filled in accordance with state law. Any commissioner who changes residence from the district in which the commissioner was required to reside, shall be deemed to have vacated such office. Special elections shall be held when called by the board of county commissioners or required by law.

B.

Incapacity or absence due to military service. If a commissioner becomes permanently incapacitated and unable to perform his or her duties, a successor shall be chosen in accordance with general law. If a commissioner becomes temporarily incapacitated, or if a commissioner is absent for a prolonged period due to military service, then to the extent not inconsistent with general law a temporary substitute shall be chosen to serve during the incapacity or absence, as follows:

1.

The temporary substitute shall be chosen in the manner provided by ordinance enacted by the approving vote of no fewer than a majority plus one of the board prior to the beginning of the incapacity or prolonged absence; or

2.

Absent such an ordinance, the temporary substitute shall be the person designated by the incapacitated or absent commissioner, if competent when the designation is made; or

3.

Absent such a designation, the temporary substitute shall be the person chosen by the approving vote of no fewer than a majority plus one of the remaining board members.

The absent or temporarily incapacitated commissioner shall continue to receive his or her compensation during the absence or temporary incapacity. Unless defined otherwise by ordinance, temporary incapacity means a situation or condition that renders a commissioner unable to perform his or her duties for a period of more than 90 consecutive days, but does not constitute a vacancy in the office. In no event shall any temporary substitute serve beyond the term of the commissioner he or she is replacing or longer than one year.

C.

Filling vacancies when permissible under Florida law. If and to the extent that it should become lawful under the Constitution and laws of the State of Florida for this charter to prescribe a method for filling vacancies in the office of county commissioner, this subsection shall immediately become effective.

If a vacancy occurs in the office of county commissioner and the remainder of the term of office is one year or less, then such vacancy shall be filled for the remainder of the term by appointment by a majority vote of the board of county commissioners.

If a vacancy occurs in the office of county commissioner and the remainder of the term of office exceeds one year, then such vacancy shall be filled by appointment by a majority vote of the board of county commissioners, until the date set for the commencement of the term of office for county commissioners following the next general election pursuant to Section 204 of this charter. The board of county commissioners shall call a special election, to be held concurrent with the next county election cycle, to fill the vacancy for the remainder of the term of office.

(Amended November 1988; November 2004; November 2012 )

State law reference

Filling of vacancies, Fla. Const. art. IV, § 1; Fla. Const. art. VI, § 5; F.S. §§ 100.111, 114.04.