§ 3.05. Vacancy; forfeiture of office; filling of vacancy.

(a)

Vacancy. The office of mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of the office.

Editor's note— The provisions of subsection (a) have assumed ordinance status by virtue of the Municipal Home Rule Powers Act (F.S. ch. 166). See Op. Atty. Gen. 074-25. Subsection (a) may be amended by the city without a referendum.

(b)

Forfeiture of office. The mayor shall forfeit his office if he:

(1)

lacks at any time during the term of office any qualifications for the office prescribed by this charter or by law;

(2)

violates any express prohibition of the charter;

(3)

is convicted of a crime involving moral turpitude; or

(4)

fails to attend three (3) consecutive regular meetings of the city council without being excused by the council.

Editor's note— The provisions of subsection (b) have assumed ordinance status by virtue of the Municipal Home Rule Powers Act (F.S. ch. 166). See Op. Atty. Gen. 074-25. Subsection (b) may be amended by the city without a referendum.

(c)

Filling vacancy. A vacancy in the office of mayor shall be filled at a special election for the remainder of the unexpired term; provided, if such vacancy occurs not more than one hundred twenty (120) days before the date of the next regular election, the president of the city council shall occupy such office for the remainder of the unexpired term. The special election to fill the vacancy for the unexpired term shall be called by proclamation of the president of the city council in the same manner and upon the terms and conditions for the filling of a vacancy on the city council as provided in Section 2.05(c) of this act.

Editor's note

The provisions of subsection (c) cannot be amended by the city without a referendum, except as may be provided in F.S. § 166.031(b). See Op. Atty. Gen. 075-158.