CITY OF LAUREL HILL ET AL., APPELLANTS,
v.
JOE SANDERS AND A. P. DAY, APPELLEES
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The court affirmed a mandamus order requiring the City of Laurel Hill to process a municipal recall election petition under Florida Statutes Section 100.361, holding that the city's charter language incorporating the state's general election laws sufficiently adopted the statutory recall procedures.
A municipality's charter provision adopting the state's general election laws sufficiently incorporates the statutory recall procedures of Section 100.361, Florida Statutes, and mandamus properly compels compliance with those procedures.
[1] A municipality's charter provision adopting the state's general election laws sufficiently incorporates statutory recall procedures, even where the statute appears to lim…
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Language from Laurel Hill's charter Section 7.g. that the court found sufficient to incorporate Section 100.361 recall procedures
The City of Laurel Hill received a petition for a municipal recall election from appellees Sanders and Day. The city and circuit court initially proce…
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ROBERT P. SMITH, Jr., Judge.
Laurel Hill appeals from a circuit court judgment granting a writ of mandamus to require processing of appellees’ petition for municipal recall election according to Section 100.361, Florida Statutes (1979). Both here and in the circuit court the case was presented on the erroneous assumption that the City of Laurel Hill has no provision by charter or ordinance to recall municipal officers, so raising the false issue of whether the Section 100.361 recall procedures made “uniform statewide” by subsection (9) apply to Laurel Hill even though subsection (10) seems to limit application of the uniform procedures to “cities and charter counties which have adopted recall provisions.”
The need to reconcile subsections (9) and (10) is obviated by the fact that Laurel Hill’s charter, evidenced in the record, adopts in Section 7.g. “the provisions of the General Laws of the State of Florida pertaining to ... Municipal elections . . . . ” That language sufficiently references Chapter 100, Florida Statutes, entitled “General, Primary, Special, Bond, and Referendum Elections,” and Section 100.361, entitled “Municipál recall,” to incorporate the latter’s recall procedures into Laurel Hill’s municipal law. The circuit court correctly ordered compliance with Section 100.361.
AFFIRMED.
THOMPSON, J., and WOODIE A. LILES (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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In re The Recall of Barney Koretsky, 541 So. 2d 1362 (Fla. 4th DCA 1989)…ply to cities and charter counties which have adopted recall provisions, and section 3. providing the effective date of the law. . The parties have not cited, and, we are unaware of any caselaw directly on point. Cf. City of Laurel Hill v. Sanders, 392 So. 2d 33 (Fla. 1st DCA 1980) (municipal provisions adopting election laws set out in chapter 100 include section 100.361). There are four (4) opinions of the attorney general and the division of elections on this issue, three opinions that section 100.361 ap…
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In re The Recall OF Barney Koretsky, 557 So. 2d 24 (Fla. 1990)…apply to cities and charter counties which have adopted recall provisions, and section 3. providing the effective date of the law. The parties have not cited, and, we are unaware of any caselaw directly on point. Cf. City of Laurel Hill v. Sanders, 392 So. 2d 33 (Fla. 1st DCA 1980) (municipal provisions adopting election laws set out in chapter 100 include section 100.361). There are four (4) opinions of the attorney general and the division of elections on this issue, three opinions that section 100.361 ap…