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Yesterday, someone brought up Florida’s resign to run law with respect to Key West’s city commission and mayor races, specifically with respect to City Commissioner Tony Yaniz
having made it clear he will run for mayor next year against incumbent mayor Craig Cates.
(In last year’s “mini-mayor’s race”, held to synchronize mayor races with other races, Yaniz actively campaigned for Margaret Romero against Cates and against Cates’ wife, Cheryl, in a Utility Board race.)
The short answer is, Tony has to tender his resignation from the City Commission in writing to the Supervisor of Elections ten days before the qualifying time for the mayor race. However,l Tony can continue to serve on the City Commission until the date he would take office as mayor, if elected; or the date his City Commission successor is required to take office. If Tony loses the mayor race, he is out of office even though he had more time left on his City Commission term. All or nothing, if Tony files to run for mayor.
Here is the longer version of the resign to run law, which was furnished to me yesterday by Todd German, Chairman of Hometown! PAC, which hosts calls to candidates and candidate forums in Key West, and and on its website – www.hometown!keywest.com – keeps voters apprised of what different candidate say at calls to candidates and candidate forums and in taped interviews. Todd is not the person who spoke yesterday of the resign to turn law and how it applied to Tony Yaniz if he runs for mayor next year. That person also spoke of City Commissioner Teri Johnston maybe running for mayor.
Where is the “resign-to-run” law located?
The “resign-to-run” law is in section 99.012, Florida Statutes.
What does the “resign-to-run” law state?
The “resign-to-run law” essentially prohibits an elected or appointed “officer” from qualifying as a candidate for another state, district, county or municipal public office if the terms or any part of the terms overlap with each other if the person did not resign from the office the person presently holds. (Section 99.012(3), Florida Statutes.)
Are there any exceptions to the “resign-to-run” law?
Yes. The “resign-to-run” law does not apply to 1) political party offices, or 2) persons serving without salary on an appointed board or authority. (Section 99.012(6), Florida Statutes.) See the response to Question 11, below, concerning exemptions to the “resign-to-run” law. Also, portions of the “resign-to-run” law do not apply to federal officers, persons seeking the office of President or Vice President, or candidates for federal office. (See the responses to Questions 15, 16, and 17 below.)
Who is an “officer” for purposes of the “resign-to-run” law?
An “officer” is a person, whether elected or appointed, who has the authority to exercise the sovereign powers of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, an “officer” means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter. (Section 99.012(1), Florida Statutes.)
Florida case law further explains that an “officer” is one who exercises some portion of the sovereign power, either in making, executing or administering the laws and who derives his or her position from a duly and legally authorized election or appointment, whose duties are continuous in nature and defined by law, not contract.
Examples of “officers” include, but are not limited to: mayors, city and county commissioners, state legislators, supervisors of elections, sheriffs, property appraisers, judges, school board members, superintendents of school, state attorneys and public defenders, municipal fire chiefs, medical examiners, and elected hospital board and airport authority members.
If an officer must resign under the “resign-to-run” law, when must the officer resign and when must the resignation take effect?
The resignation must be submitted in writing at least 10 days prior to the first day of qualifying for the office the person intends to seek. (Section 99.012(3)(c), Florida Statutes.) (The qualifying dates for elections to particular offices can be obtained from the county supervisor of elections office.)
The resignation must take effect no later than the earlier of the following dates:
The date the officer would take office, if elected; or
The date the officer’s successor is required to take office.
(Section 99.012(3)(d), Florida Statutes.)
I am a school board member and I will not seek re-election at the next general election; instead, I wish to qualify to run for state representative. Do I have to submit a resignation under the resign-to-run law?
Yes. Section 100.041, Florida Statutes, reflects that the term of office of a state representative begins upon election for a term of two years and the term of office for a school board member begins on the second Tuesday following the general election for a term of four years. Therefore, your term as a school board member, if elected as a state representative, will not expire until two weeks after you take office as a state representative. This two week overlap requires you to submit a resignation under the resign-to-run law at least 10 days prior to qualifying as a candidate as a state representative.
What can an officer do if he or she missed the deadline for submitting the resignation 10 days prior to the beginning of the qualifying period?
If the officer still wishes to run for office, the officer may submit his or her resignation to take effect immediately or to take effect on a date prior to qualifying for office. In this situation, the officer qualifies as a non-officeholder and the “resign-to-run” law does not apply. (Section 99.012(3)(g), Florida Statutes.)
To whom must the resignation be submitted?
For elected district, county, or municipal officers, the resignation must be submitted to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.
I wrote to Todd:
Thanks, I reached the movie theater much too early because I had the time mixed up, so I went over to The Citizen to see if so and so was in, yes, we went back to an empty office and closed the door.
So and so doesn’t see Teri Johnston
running this year, and sees Craig Cates crushing Tony Yaniz, who destroyed his reputation with the fuck you, fuck this, fuck that Rotary Club email sent from his city commissioner email account.
I can’t imagine Craig, or any city commissioner, likes having Tony on the dais with them. I can see them telling their friends and constituents directly in private and in subtle ways publicly to vote against Tony next year, same thing Tony did to Craig and Cheryl this year.
Personally, I think it will be a disaster, perhaps deserved, perhaps even hilarious, if Tony becomes mayor. Can you imagine him running city commission meetings? Can you see the similarity between him and Mario Di Genarro after he first went on the county commission and was promoted right away to county mayor and ran those meetings?
Teri might be dying for Tony to run for mayor and gotten rid of in that way. If Teri were to announce she was running, Tony might back out, then Teri would be stuck with him if she beat Craig, which result would not surprise me.
Teri has city-wide respect and support. She is a woman. She is gay. She is smarter than the rest of the city commissioners and Craig added up. She does her homework, which can’t be said of the others.
Teri waits until Yaniz tenders his letter of resignation to the Supervisor of Elections, then she does the same after getting a call from a little birdie in the Elections office. Now she can run for Mayor without fear of Tony backing out and staying in his city commissioner seat. That sure would be a fun race to observe from the peanut gallery.
Teri is done with being a city commissioner; she either becomes mayor, or she moves on to the next Teri adventure. I think she would make a far better mayor than any mayor since I arrived in Key West in late 2000.
Stranger things have happened.
Wonder if I will hear about this from the angels tonight?
The angels sent former County Mayor Shirley Freeman,
who sits on the Citizen Editorial Board, to me in a dream last night to let me know they like what I wrote to Todd yesterday. Because of her widespread popularity, Teri would be able to ask Key West people to lobby their city commissioners to do what Teri thinks and feels is best for the city, instead of what idiots, special interests, gangsters and more idiots feel is best.
I bet Teri could get something moving on Truman Waterfront, which cannot be said for any mayor since the Navy gave it to the city 13 years ago. I bet Teri would come up with something sane, fair and legal for Key West’s homeless troubles. I bet Teri would deal with the Tree Commission’s notorious excesses. I bet Teri would push for Key West going solar and letting property owners paint their roofs white or silver to reflect sunlight and reduce air conditioning costs. I bet Teri would push for lower Duval Street becoming a walking and artisan mall. I bet Teri would push to stop the dirtiest, worst possible cruise ships from calling on Key West. I bet she would do lots of sane and wonderful things for Key West and its people.
No, I have not talked about any of this with Teri. I have no clue what she is thinking, other than I know how she feels about dealing with the city’s homeless troubles, and I know from distant in time conversations with her, and from what I heard from other people, that she once was interested in being mayor, but the timing was not there.
On the Iron Bowl and the intrigue surrounding and affecting it,
I heard yesterday from a old dear Wisconsin Badger friend whom I met after he moved to Birmingham for a few years a long time ago it now seems. He took the photo of us when he came down to see me early this year when I lived on Little Torch Key. I planted that bouganvillea in the spring of 2006.
Can there be any other explanation than divine intervention for the Bama kicker to have missed 3x from 33-49 yards, a distance he has hit on 6/7 times this season? And then, for the 109 yard return? No doubt, a marionette was pulling the strings!!!
I have to admit, I wasn’t able to watch it live as we went to see the new Hunger Games movie (Catching Fire) early evening Saturday… Good flick which I’m guessing you’ve already seen…
On another note, while I’ve been despising Wisconsin winter for years, I’ve come to the realization that my kids are not leaving the state, so I should embrace the season instead and bought a vacation home in Door County, the peninsula which juts into Lake Michigan to the northeast of Green Bay. A few pics below… I know you love to fish, so come on up for New Years and we’ll drill some holes in the ice which should be 12-16” thick by then…
Hi, Mark – astute conclusion, especially for an engineer who only believes what he can see and hold in his hand.
Actually, it’s even more bizarre. The Bama placekicker hit the third field goal, but the Alabama right tackle twitched, and I mean it was just a twitch, his left buttock just before the snap, and Bama was called for illegal procedure and that was a 5- yard penalty and then that field goal re-attempt was hand-tipped by an Auburn defense back flying in from the right side, which sent the ball into a sickening nose dive to the left.
Even more bizarre, on what seemed to be the last play in regulation time, the Alabama running back made a good run and went out of bounds as time expired. Game over, extra-innings, the field refs ruled. Coach Saban called for a press box review of when the running back went out of bounds relative to time left on the clock. The refs in the press box said one second remained on the clock when the running back went out of bounds.
So, Saban sent in his younger placekicker, who, as far as I know, had very little kicking time in games this year. The lad made a good try at about a 57-yarder, but it landed in the Auburn defensive back’s arms just in front of the goal post to the defensive back’s left; maybe it would have been good if it had been long enough, maybe a little wide to the left, and the defensive back tore out up the left sideline and the entire Alabama team was caught napping and the rest is history, so far.
Yeah, crystal clear God did not want Alabama to win that game, but I imagine not one Christian Crimson Tide fan will ever believe it and that it was because Alabama did not come out and say it would not play Florida State because it had not benched its quarterback pending final legal resolution of the rape allegation against him.
It got even more interesting for me this morning with this yuck from a fellow up in Nashville:
What a day you had – Andy Griffiths and Superintendent of Schools Mark Porter on the same day – I do hope that you showered after that —
As for for the football:
So, if Auburn beats Mizzouri this weekend AND
Michigan State upsets Ohio State ( which I personally think will happen) AND
Florida State is upset by DUKE ( which I personally don’t think will happen) THEN
Auburn would be #1 and Alabama would be #2 and all set for a rematch. I will watch that.
Just as I wrote before the Iron Bowl, that I would not make a prediction, I will not make a prediction now. However, I will say that I told a friend in Birmingham that there was going to be karma from what was going on at Florida State, karma for that school, karma for Alabama if it did not deal in a mature way with what was going on at Florida State. I mentioned that conversation in post about two weeks ago. Now here we are in wonder land.
As for paying you a winter visit, why don’t you go out and test the ice, drive your car out on it with you in it, drill the fishing holes in the ice, build a fishing shack with a nice charcoal heater in it, chum up the fish, see if you catch anything, assuming your car and you did not break through the ice and go for the lake bottom. Then report back to me. Or, consider after I moved back to Alabama from 8 years in Colorado and 2 years before that in northern New Mexico, both with 6-month winters, I never wanted to see snow and ice again, not even on television.
Did you buy an iceboat yet?
Oh, I showered after bumping into Griffiths, before bumping into Porter. I can’t help but wonder if that happened because God doesn’t think football is the most important thing and school kids need to learn that before they grow up and behave like football is the most important thing.
Even so. Auburn-Alabama II for the BSC championship in the Rose Bowl would be a crystal clear sign from above, don’t you think, that every Christian Crimson Tide fan would see, don’t you think? But would they see why those stars fell on Alabama? I kinda doubt it.
“The Hunger Games” is a really important movie.
On the starving artist poet writer hoping to not being the starving artist poet writer any longer …
My Girl -
She be sort like Mustang Sally
en sort of like Janis Joplin,
She knows sometime you
en sometime the Louisville Slugger,
sometime the windshield,
sometime the bug.
There ain’t no happiness when
she be gone,
I never gonna stop loving her,
my honky tonk angel,
Just because you ain’t never
gonna make a wife,
I’d be just fine joining you
on the wilder side of life –
Gloria Reiser of Quincy, Illinois wrote:
Re Heavy Wait, a question: WHO was your real life Mary Lou?!? You don’t have to answer in public if you don’t wanna…. but through the years all your wives and near wives have become scrambled in my mind. Betty and Cathy and Pat and Debora stand out… the rest are a blur.
Sloan Bashinsky wrote:
Mary Lou was a composite. You may not remember one of my wives whose name I won’t say. Patricia came on as the novel was being written, I did not know we were going to be an item until after it was finished. She is not in the composite, nor is Cathy, nor is Deborah.
You did not ask who was my real life Willa Sue, who became the most famous woman in America? Maybe in the whole world.
Gloria Reiser wrote:
I haven’t gotten to Willa Sue yet. With travel and the Thanksgiving holiday, I’m having to grab a read here and there 5 minutes or so at a time. I’m just to the point where Riley has come out of the catatonic state in the psych ward. But appreciating and enjoying the book more this time than I did when I read it the first time.
Sloan Bashinsky wrote:
You just finished the wild part, which is where the Kindle preview ends, before the really wild parts …
Gloria Reiser wrote:
Oh, if the preview stops there, it should sell books. People will be wanting to find out what comes next.
I didn’t check the preview before purchasing, as I knew I wanted to read the whole thing again.
From amazon.com, click on link to get there.
Heavy Wait: A Strange Tale by Sloan Bashinsky (Oct 28, 2013)
- $9.95 Kindle Edition
- Auto-delivered wirelessly
Snippets of Facebook chat with Key West amiga Erika Biddle:
Your hubby raised a point, which also can be simply explained. It is that I am very lonely. I live among people who have no clue what all I am or experience. You and your hubby maybe see and experience 30 percent of me when we are together. The rest of me is watching on, or elsewhere. I am aware of this all the time, regardless of whom I’m with, unless it is a woman in the training, who has been connected to me by the angels. The couple’s relationship in the novel Heavy Wait is such a relationship.
thank you for taking the time to fill us in what your reality is like.. I have met in my travels self proclaimed mystics, shamans, and many people that “knew” that they have been around this earthly experience several times in different incarnations. Everyone of them had their own reality to deal with and I’ve stopped trying to “understand and relate” a long time ago. I never told my hubby about your angel relationships so he got curious and wanted to find out about it…xoe
I remember several times when you told me I did not have to experience what I experience, after I had told you again what I experience, because you had asked me about it. Most people see what they want to see and that is their reality, belief. That isn’t allowed to me.
There is a reason, why people are the way the are. I totally accept that. I enjoy the differences in their point of view and I am always open to different realities.
Sometimes it’s difficult to connect when people have serious mental issues, because you never know when they snap. I learned that the hard way during the research and interviewing process for last year’s project.
We are out of town for a view days. See you when we’re back next week. Xoe
I snap whenever there is a great disturbance in the Force around something into which I have been inserted. The disturbance hits me like a ton of electrical bricks, or like a cobra bite, or like the earth dropping out from under me, or like swallowing battery acid. It is unmistakable, and it is real. More generally, it is difficult for me to connect, really connect, with anyone since I snapped back in early 1987, when the angels told me I was in for it and zapped me three times with spiritual lighting; have not been right in the head since . The only people I really connect with already snapped, too , and it’s been a while since I knew one. Maybe that’s the title of a new poem, “Snapped”
Safe trip, enjoyable too.
I haven’t consciously experienced you “snapping”. What I referred to was Andrew, who said that he had a direct line to God and “knew” I was sent to meet him etc…the next moment he attacked me, foam came out his mouth. We held him down…next day he came by the house crying telling me how much he loved me..asking for a ride to KOTS, 5 minutes later he accused me to have stolen his backpack which I had given him the day before…This is the type of snapping I meant. Thanks again for your support and now moving on to the amazing Grimal Cove with all its potential. Xoe
I will try to restrain myself in the future from going rabid foaming at the mouth to eat you up. Andrew was a self-appointed shaman? I have met a few, or maybe more than a few. Grimal Grove – www.growinghopeinitiative.org – is really important for the Keys, and probably for Florida, and probably for USA, and maybe for the world. The Keys are a sacred vortex much of which is buried beneath the handiwork of the invasive species, which is human beings, including you and me. What’s left of the visible land part of the vortex needs to be preserved. My place on Little Torch and the wildlife refuge across the street are parts of the visible land part of the vortex which needs to be preserved. There are, of course, other places scattered throughout the Keys, but the wild parts of Big Pine and No Name Key are the two most important areas which developers have the ability to reach and fuck up the vortex further. Big Sugar and other nature-raping land elements already killed most of the reef part of the vortex with chemical runoff discharged through the Everglades, which then made its way down to the Keys. Now they are trying to kill what little is left of the reef. So are cruise ships.
“With your hair cut and your beard gone you are nice, sweet, safe looking,”Connie Gilbert said to me, of me, the other day at the Green Parrot poetry to order event; then she said, “terrifying”.
The angels who run me terrify me.
Riley Strange and Willa Sue Jenkins found out all about that after Willa Sue became the most well-known woman in America, maybe in the whole world.
Former Monroe County (Florida Keys) Mayor Shirley Freeman said she could not put the novel down; she loved it.
Heavy Wait: A Strange Tale by Sloan Bashinsky (Oct 28, 2013)
- $9.95 Kindle Edition
- Auto-delivered wirelessly
email@example.com is how you reach nice, sweet safe-looking me