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Dear Mr. Shepard:

On behalf of the City of Maitland City Council, you ask substantially the following question:

In order to avoid a violation of Florida's constitutional dual office-holding prohibition, at what point in time must a person serving in a municipal office resign from that office to become a member of the city council?

According to your letter, the City of Maitland held its general municipal elections on January 29, 2008. Currently, a candidate who is an unsalaried member of the city's planning and zoning commission ran unopposed for an open seat on the city council. Although the…