This is in response to your request for an opinion on the Resign-to-Run Law, Section 99.012, Florida

Statutes. You are Town Commissioner and Vice Mayor for Lauderdale By The Sea. Additionally, you

are a lieutenant for the police department for the City of Sunrise. You are running for reelection as

Town Commissioner in Lauderdale By The Sea and you ask whether you should resign or take a leave

of absence without pay from your employment as lieutenant in Sunrise during the period in which you

seek reelection as Town Commissioner in Lauderdale By The Sea. You also ask for an interpretation

of the Town Charter for Lauderdale By The Sea; however, the Division of Elections is unable to

render opinions requiring an interpretation of a municipal charter or ordinance.

Pursuant to Section 106.23(2), Florida Statutes, the Division of Elections has authority to issue an

advisory opinions to several categories of persons related to provisions or possible violations of

Florida election laws. Since you are a candidate, the Division has authority to issue this opinion.

The Resign-to-Run Law, Section 99.012, Florida Statutes, requires an elected or appointed officer to

irrevocably resign when seeking an elected office when the term of that office, or any part of it, runs

concurrently with the term of office he presently holds. Section 99.012(2), Fla. Stat. The Division has

previously determined that a police officer is an officer within the meaning of the Resign-to-Run Law.

See Op. Div. Elect. 86-04, 85-03, 85-02, and 80-12.

Section 99.012(7), Florida Statutes, provides an exemption from the Resign-to- Run Law for three

categories of persons: an officer who is a subordinate personnel, a deputy sheriff, or police officer.

Each of these three need not resign unless seeking to qualify for a public office which is currently held

by an individual who has the authority to appoint, employ, promote, or otherwise supervise that person

and has qualified for reelection to that office. You will be running for reelection as Town

Commissioner in Lauderdale By The Sea. No person against whom you are running is your current

supervisor. Therefore, under the Resign-to-Run Law, you do not need to resign your position as a

lieutenant in the police department in the City of Sunrise.

However, pursuant to Section 99.012(7), Florida Statutes, you must take a leave of absence at the time

you are “seeking election to public office.” For information regarding what constitutes “seeking

election to public office” we refer you to Division of Elections’ Opinions 88-18, 88-04, and 88-03.

These opinions interpret Humphries v. Dept. of Highway Safety and Motor Vehicles, 400 So.2d 1311

(Fla. 1st DCA 1981), which held that the leave of absence provision is triggered when a person is

“seeking election” which is manifested by such activities as hiring a campaign manager and preparing

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and distributing leaflets, cards and other election paraphernalia.

This opinion does not relate to any provisions of the Town of Lauderdale By The Sea‘s Town Charter

or ordinance. In addition, this opinion does not relate to the dual office holding prohibition contained in

the Florida Constitution. For additional information on interpretation of the Town Charter, you may

wish to contact the town attorney. For additional information on the prohibition against dual

office holding, you may contact the Department of Legal Affairs, Opinions Division.

A lieutenant working for a police department in the City of Sunrise who is Town Commissioner and

Vice Mayor for Lauderdale By The Sea must take a leave of absence pursuant to Section 99.012(7),

Florida Statutes, when seeking reelection to the Town Commission.

More To Come….

https://doe.dos.state.fl.us/opinions/new/1990/de9019.pdf.