CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
...f two years. 4 Section
582.19 (2), Florida Statutes, further provides that "[a] supervisor shall hold office until her or his successor has been elected and qualified. The selection of successors to fill an unexpired term shall be in accordance with s.
582.18 (2)." Section
582.18 (2), Florida Statutes, states: "After the issuance of a certificate of organization of a soil and water conservation district by the Department of State, or in the event of a vacancy resulting from death, resignation, removal, or other...
...You indicate that you are unaware of any statutory definition of "regular election" and question whether the Legislature intended the span of time to be until the next scheduled general election or the next general election at which the supervisor's term would have ended. Section 582.18 (1), Florida Statutes, sets forth the procedures for the election of supervisors of each district: "The election of supervisors for each soil and water conservation district shall be held every 2 years....
...m will expire before the next general election and, except as provided in the State Constitution, to fill each vacancy in elective office for the unexpired portion of the term ." (e.s.) You note that there may be a conflict between the provisions in section
582.18 , Florida Statutes, and section
114.04 , Florida Statutes....
...." It is a general rule of statutory construction that a specific statute governing a certain subject will control over a general statute relating to the same subject matter. 5 It is fundamental, however, that statutes are to be read in harmony whenever possible. 6 As the more specific legislation, the provisions in section 582.18 , Florida Statutes, would apply to the appointment of individuals to fill vacancies on soil and water conservation boards....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...d to active military duty, does a vacancy occur in office and, if so, how must the vacancy be filled? In sum: A leave of absence granted to a board member due to active military duty does not create a vacancy in office that may be filled pursuant to section 582.18 (2), Florida Statutes....
..., leaving the board with only four functioning members. There is a question as to whether a vacancy in office has occurred and how the board should treat the absence of the member. The district was created pursuant to Chapter 582 , Florida Statutes. Section 582.18 , Florida Statutes, provides for the election of supervisors of each district created....
...Each district has five supervisors who generally serve for a term of four years. 1 While a supervisor holds office until a successor has been elected and qualified, the selection of a successor to fill an unexpired term is to be in accordance with section 582.18 (2), Florida Statutes. 2 Section 582.18 (2), Florida Statutes, states: "After the issuance of a certificate of organization of a soil and water conservation district by the Department of State, or in the event of a vacancy resulting from death, resignation, removal, or other...
...rovides that a vacancy in the office of a supervisor for the district is to be filled by appointment by the remaining supervisors. The question remains, however, whether a call to active military duty creates a vacancy that may be filled pursuant to section 582.18 (2), Florida Statutes....
...ns due to military leave for other boards or commissions in a like manner. Accordingly, it is my opinion that a leave of absence granted to a board member due to active military duty does not create a vacancy in office that may be filled pursuant to section 582.18 (2), Florida Statutes....
