Legal Opinion

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Florida Attorney General Reports

Decided April 18, 1988Published

1Opinion of the Court

Mr. Frank T. Gaylord City Attorney City of Eustis Post Office Drawer 68 Eustis, Florida 32727-0068

Dear Mr. Gaylord:

You have asked substantially the following question:

Does a municipality have the authority to impose a two-year residency requirement as a prerequisite to holding the office of city commissioner?1

In summary:

A city may impose a durational residency requirement upon a candidate for election to the office of city commissioner, if there is a rational basis for the requirement.2

In Nichols v. State, the Supreme Court of Florida upheld a special act requiring a one-year residency before…

2Cases cited8 opinions

  1. Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981
  2. Vildibill v. JohnsonSupreme Court of Florida · 1986
  3. Jetton v. Jacksonville Elec. Auth.District Court of Appeal of Florida · 1981
  4. State Ex Rel. Askew v. ThomasSupreme Court of Florida · 1974
  5. Wilson v. NewellSupreme Court of Florida · 1969

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