Dec 4, 2001 Presentation- Sarasota Charter Article VI

ARTICLE VI
ELECTIONS AND ELECTED OFFICERS

(This Article and Sections were renumbered by referendum of 11/6/1990).

Section 6.1 Applicability of General Laws. The Florida Constitution and all general laws applicable to County electors, candidates, qualifications for elections and elections shall apply to the elections and referenda of the County government.

Section 6.2 Votes Required in an Election or Referendum. The results of elections and referenda shall be determined by the vote of the majority voting in the election unless otherwise required by the Florida Constitution or by this Charter.

Section 6.3 Recall. The procedures for the recall of a County Commissioner shall be as set forth in general law. The procedures for the recall of other elected County officers, including but not limited to, the Sheriff, Supervisor of Elections, Tax Collector, Property Appraiser, and Clerk of Court shall be the same as those for the recall of a County Commissioner. (Amended 3/14/2000, 11/7/2000).

Section 6.4 Method. Ordinances shall prescribe the method of calling special elections and referenda.

Section 6.5 Elections for County Office. As identified herein, county office for which compensation is paid shall be defined to include membership on the Board of County Commissioners, Clerk of the Circuit Court, Property Assessor, Tax Collector, Supervisor of Elections, and Sheriff. County office for which compensation is not paid is membership on the Charter Review Board. A political committee as used in this section shall be defined as a combination of two or more individuals, or a person other than an individual, the primary or incidental purposes of which is to support or oppose any candidate, issue or political party, which accepts contributions or makes expenditures during a calendar year in an aggregate amount in excess of $500.00. Organizations which are certified by the Department of State as committees of continuing existence pursuant to §1 06.04 Florida Statutes (1989), national political parties and the state and county executive committees of political parties regulated by Chapter 103 Florida Statutes, shall be considered political committees for the purpose of this section. (Added 11/6/19 90: Amended 11/5/1996). [Editor’s note: Pursuant to Ciaravella v. Board of County Commissioners Case No. 99-4201-CA (Fla.. 12th Cir. Ct., Sept 10, 1999), the definition of “political committee” is unconstitutional and unenforceable.]

    6.5A No candidate for any county office for which compensation is paid shall accept any contribution from any contributor including any political committee, as defined by state law, in cash or in kind, in an amount in excess of $200.

    6.5B No political committee supporting the candidacy of any person standing for election for any Sarasota County office shall accept from any contributor, in cash or in kind, an amount in excess of $100 [Editor’s note: Pursuant to Ciaravella v. Board of County Commissioners, Case No. 99-4201-CA (Fla. 12th Cir. Ct., Sept. 10, 1999), this subsection is unenforceable].

    6.5C No candidate for any county office for which compensation is paid shall accept contributions from all sources, in cash or in kind, in an amount in excess of $40,000. [Editor’s note: Pursuant to Ciaravella v. Board of County Commissioners, Case No. 99-420 I-CA (Fla. 12th Cir. Ct., Sept.10, 1999), this subsection if unconstitutional and unenforceable).

    6.5D No political committee making contributions to any candidate for any Sarasota County office may accept contributions from all sources, in cash or in kind, in an amount in excess of $1,000 per candidate [Editor”s note: Pursuant to Ciaravella v. Board of County Commissioners, Case No. 99-420 I-CA (Fla. 12th Cir. Ct., Sept. 10, 1999), this subsection is unenforceable].

    6.5E No candidate who stands for election for any unpaid county office may accept donations from all sources, in cash or in kind, in an amount in excess of $2,000. [Editor’s note: Pursuant to Ciaravella v. Board of County Commissioners, Case No. 99-4201-CA (Fla. 12th Cir. Ct., Sept .10, 1999), this subsection is unconstitutional and unenforceable]. (Added 11/6/1990; Amended 11/5/1996).

Section 6.6 Enforcement. Within sixty (60) days of the adoption of this Article, the Board of County Commissioners shall adopt by ordinance provisions for the enforcement of this Article, including reasonable penalties for any willful violation. (Amended and renumbered 3/14/2000).

Section 6.7 Qualification. If anyone wishes to qualify for an elected position in Sarasota County that requires residency within a specific district, they must have resided within that district for six (6) months immediately prior to qualification and have been a Sarasota County resident for two (2) years immediately prior to qualification. Anyone who wishes to quality for a position that does not require residency within a specific district must have been a Sarasota County resident for two (2) years immediately prior to qualification.
[Editor’s note: Pursuant to Board of County Commissioners of Sarasota County v. Gustafson, 616 So. 2d 1165 (Fla. 2nd DCA 1993), the two-year residency requirement is invalid.) (Added 11/6/1990, renumbered 3/14/2000).