HomeMy WebLinkAboutOrdinance 2005-227
ORDINANCE NO. 2005-2:b '7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, EXEMPTING CITY COMMISSION
ELECTIONS FROM THE PROVISIONS OF SECTION 101.657, FLORIDA
STATUTES, CONCERNING EARLY VOTING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 100.3605(1), Florida Statutes, municipalities are
authorized by ordinance to exempt themselves from provisions of the Florida Election Code that
do not expressly apply to municipalities; and
WHEREAS, Section 101.657 "Early Voting" of the Florida Statutes, enables early
voting to be utilized, but does not expressly apply to municipalities; and
WHEREAS, State Law allows municipalities to "opt out" of the provisions of Section
101.657 "Early Voting," by adopting an ordinance stating such intent; and
WHEREAS, the City Commission after due consideration desires to exempt City
Commission elections from the provisions of Section 101.657, Florida Statutes, "Early Voting,"
commencing with the 2005 election.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Exemption from Early Voting. The City of Sunny Isles Beach is hereby
exercising its right to exempt local City Commission elections from the provisions of Section
101.657, Florida Statutes, "Early Voting," commencing with the 2005 election. Accordingly,
early voting shall not be provided for City Commission elections.
Section 2. Severability. The provisions of this Ordinance are declared severable and if any
section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid
or unconstitutional, such decision shall not effect the validity of the remaining sections,
sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission of the City of
Sunny Isles Beach that the provisions of this Ordinance shall become and be made a part of the
City of Sunny Isles Beach Code of Ordinances.
Section 4. Effective Date. This Ordinance shall be effective ten (10) days after second
reading.
02005- Early Voting 1
PASSED and ADOPTED on First Reading the ~ay of yY\~ ,2005.
PASSED and ADOPTED on Second Reading this ~day of ~ ,2005.
ATJ'ES1:
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. JaneA. Hines, C~tYClerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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Lynn M. Dannheisser, City Attorney
VOTE AS FOLLOWS: 5-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
02005- Early Voting
~yes
~yes
Lk:J yes
(\7) yes
(Z)yes
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an S. Edelcup, Mayor
Moved by:r.n~ T.~Lts:1 r\-S
Second by: ~~l~<;;:\I)I\W ~t)mM
L)no
L)no
L)no
L)no
L)no
2