Legal Opinion

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Florida Attorney General Reports

Decided January 26, 2007Published

1Opinion of the Court

Dear Commissioner Boisvenue:

You ask substantially the following question:

As an elected official in the City of Oakland Park, may you be appointed to the Broward County Planning Council?

You state that a Broward County Commissioner wishes to appoint you to the Broward County Planning Council. You currently serve as an elected official of the City of Oakland Park and are concerned about the constitutional dual office-holding prohibition contained in Article II, section 5(a), Florida Constitution.

Article II, section 5(a) of the Florida Constitution provides in pertinent part:

"No person shall hold…

2Cases cited5 opinions

  1. State ex rel. Holloway v. SheatsSupreme Court of Florida · 1919
  2. State v. Florida State Turnpike AuthoritySupreme Court of Florida · 1955
  3. State Ex Rel. Gibbs v. GordonSupreme Court of Florida · 1939
  4. City of Orlando v. STATE, DEPT. OF INS.District Court of Appeal of Florida · 1988
  5. City of Riviera Beach v. Palm Beach County Solid Waste AuthorityDistrict Court of Appeal of Florida · 1987

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