Commissioner Doug Bankson surprised everyone at the February 16th meeting of the Apopka City Council when he announced that he would be stepping down to run for the Florida Legislature.
"I will continue to serve in my role as city commissioner until my new position requires that I step down, but I will never stop serving this community that I love," said Bankson. "I want to take that same passion and be our voice in our state's Capital, broadening both our reach and our horizons together. With God's help, I will do my best."
And according to Apopka City Attorney Michael Rodriguez, Bankson's resignation will have to be on or before June 3rd.
The Apopka Voice reached out to Rodriguez about the specifics of Bankson's timetable on the Council and when they would need to schedule a Seat #3 special election. In an email response, Rodriguez cited several Florida statutes:
"Florida Statute- Section 99.012(2) states that 'No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other." Therefore, no sitting "officer" (defined in Section 99.012(1)(a), Fla.Stat. as ". . . [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.”) can qualify as a candidate for office if they hold another office.'
And according to Rodriguez, there are specific time limits an elected official must follow in order to run for another office.
"The law requires that officer/candidate resign from their office to qualify as a candidate," he said. "It requires an officer/candidate to tender their "written resignation" at least 10 days before the first day of qualifying for the office they intend to speak. However, the effective date of the resignation is the earlier of the date the officer would take office if elected; or the date the officer's successor is required to take office."
According to Rodriguez, Bankson would have to submit a written resignation to the Apopka City Clerk no later than June 3rd. The effective date of the resignation would be November 8th, as that is the date members of the Legislature take office upon election. Therefore, a vacancy on the City Council would begin on November 9th.
According to Rodriguez, the special election would be determined based on Article II, Section 2.07 of the City Charter:
'If the unexpired term exceeds one year, the remaining members shall call an election to be held within 60 days, or as soon thereafter to comply with state election laws, to fill such vacancy. The person so elected shall hold office for the unexpired term.'
With the vacancy starting on November 9th, the unexpired term exceeds one year until the next general election (March 2024). Therefore, the City Council must call a special election within 60 days of the adopted motion.
Rodriguez says the special election could coincide with the 2022 general election.
"Therefore, the City Council would call for a special election and establish the date thereof," he said. "The Council can establish a special election to be held on the date of the statewide general election scheduled for November 8th, or the Council could establish another date."
The newly formed District 39 of the Florida House includes Apopka, parts of northwestern Orange County, western Seminole County, and parts of Winter Garden, Altamonte Springs, Longwood, Zellwood, and Wekiva Springs. It's projected as a battleground district that does not heavily favor a Democrat or Republican. The likelihood is there will be multiple candidates from both parties fighting for a seat that could potentially go to either side, but the plurality of voters come from Apopka.
Bankson confirms what Rodriguez stated, and is fully committed to his run for District 39.
"Yes, my understanding is that by June 3rd I will have to make a statement of intent to resign for the seat upon the election on November 8th, and I am committed to run for the open house seat," he said. "I have counted it a great privilege to serve the citizens of Apopka, and see this as a tremendous opportunity to continue that service on a broader scale to advocate for not only Apopka but for all of the surrounding district at the state level. I wanted to give time to not take focus away from the local election, but we are very excited at the possibilities, and are gearing up for our campaign."
Bankson has held Seat #3 on the City Council for six years - beginning with a victory over incumbent Commissioner Sam Ruth in 2016 with 56% of the vote (in the runoff) and a successful reelection campaign in 2020 with 60% of the vote.
The primary for District 39 for the Florida House is August 23rd.
Bankson was the first Republican to announce a run for the new district, but he is not alone. Orange County NAACP President Tiffany Hughes was the first Democrat to file on March 1st.
Hughes, along with her husband, Kenneth Hughes, own KBI Staffing Solutions, in Orlando. She is also the vice-chair of the Orlando Certification Appeals Board, and a member of the Orange County Community Development Advisory Board.
"I'm running for the Florida State House because as a long time resident of Central Florida, with roots in both Orange and Seminole counties, I have a deep understanding of the unique challenges and opportunities of this district," Hughes said in a news release," she said on her Facebook page. "I will bring a fresh perspective, thoughtful and committed leadership, and true representation on behalf of the citizens of Central Florida to this office."
Hughes was born in Brooklyn, has a bachelor's degree from Florida International University and a master's degree from Full Sail University.
There are no official or unofficial announcements about who will run for Seat #3 on the Apopka City Commission.
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