§ 4-3-163. District commissioners' terms, election, filling vacancies, qualifications, removal from office, nepotism prohibited, commissioners prohibited from being employees.

In a special election conducted as soon as practical after the referendum approving this act [this article], there shall be elected five (5) commissioners who shall become the first board of commissioners of this district.

(A)

Each commissioner shall hold office until his successor is elected and qualified under the provisions of this act [this article]. Terms shall be staggered so that, of the commissioners first elected, the three (3) commissioners receiving the highest, the second highest, and the third highest number of votes in said election shall serve for four-year terms and the two (2) commissioners receiving the fourth highest and fifth highest number of votes in said election shall serve for two-year terms. Thereafter, commissioners shall serve for four-year terms. Vacancies in office shall be filled by special election, said election to be held coincidental with the next countywide general or special election. The board of fire commissioners may appoint a qualified elector of the district to act as commissioner until the vacancy is filled by election. A commissioner must be a qualified elector residing within the district. A commissioner may be removed from office for any reason that a state or county officer may be removed. No "relative," as defined in the anti-nepotism laws of this state, of a commissioner may be a salaried employee of the district.

(B)

Any elector residing within the district may have his or her name placed upon the election ballot to fill a vacancy or a term in office of a district commissioner by complying with general election laws of Florida and by presenting to the office of the board of fire commissioners not more than sixty (60) days and not less than thirty (30) days prior to election a petition bearing the names of at least ten (10) electors residing in the district who favor said person's election as a fire commissioner. All elections shall be noticed, called and held pursuant to the provisions of the general laws of the State of Florida except as herein [in this article] otherwise provided. The board of fire commissioners shall, to the extent possible, coordinate all elections with countywide general or special elections in order to minimize costs. Elections shall be called through the adoption of an appropriate resolution of the district directed to the board of county commissioners and supervisor of elections of Sarasota and Charlotte Counties, and other appropriate officers of the counties. Elections to fill expiring terms shall be held at the time prescribed by general law for the holding of second primary elections. The district shall reimburse county government for the actual cost of district elections. No commissioner shall be a paid employee of the district while holding said position. This shall not prevent volunteers receiving reimbursement for expenses from serving as commissioners.

(Laws of Fla., Ch. 82-381, § 3; Laws of Fla., Ch. 82-418, § 1; Laws of Fla., Ch. 90-417, § 2)

State law reference

Restriction on employment of relatives, F.S. § 112.3135.