(1) In the event that the term of office of an official on leave shall expire during such leave, the office of that official shall be filled by election or appointment as may be required by law; provided, however, that said official on leave shall have the right to qualify and become a candidate for such office and, if nominated or elected, shall have the same rights and privileges herein accorded to an incumbent.
(2) Should such military leave of absence for any elected municipal officer extend for more than 60 days, the temporarily unoccupied position created by such leave may be filled by majority vote of the remaining members of the legislative body of the municipality. This temporary appointment shall terminate upon the elected official’s return from active military service or upon the expiration of his or her original term of office, whichever occurs first.
History.—s. 4, ch. 20718, 1941; s. 1, ch. 91-92; s. 738, ch. 95-147.
Structure Florida Statutes
Title X - Public Officers, Employees, and Records
Chapter 115 - Leaves of Absence to Officials and Employees
115.01 - Leave of Absence for Military Service.
115.02 - Governor to Grant Application; Proviso.
115.03 - Appointment of Deputy; Bond.
115.04 - Applicability of Ss. 115.01-115.06 to Certain Officers.
115.06 - Reassumption of Duties.
115.07 - Officers and Employees’ Leaves of Absence for Reserve or Guard Training.
115.09 - Leave to Public Officials for Military Service.
115.11 - Leave Not to Extend Beyond Term of Office; Temporarily Unoccupied Position.