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<br />ORDINANCE NO. 2005-2:b '7 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, EXEMPTING CITY COMMISSION <br />ELECTIONS FROM THE PROVISIONS OF SECTION 101.657, FLORIDA <br />STATUTES, CONCERNING EARLY VOTING; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, pursuant to Section 100.3605(1), Florida Statutes, municipalities are <br />authorized by ordinance to exempt themselves from provisions of the Florida Election Code that <br />do not expressly apply to municipalities; and <br /> <br />WHEREAS, Section 101.657 "Early Voting" of the Florida Statutes, enables early <br />voting to be utilized, but does not expressly apply to municipalities; and <br /> <br />WHEREAS, State Law allows municipalities to "opt out" of the provisions of Section <br />101.657 "Early Voting," by adopting an ordinance stating such intent; and <br /> <br />WHEREAS, the City Commission after due consideration desires to exempt City <br />Commission elections from the provisions of Section 101.657, Florida Statutes, "Early Voting," <br />commencing with the 2005 election. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Exemption from Early Voting. The City of Sunny Isles Beach is hereby <br />exercising its right to exempt local City Commission elections from the provisions of Section <br />101.657, Florida Statutes, "Early Voting," commencing with the 2005 election. Accordingly, <br />early voting shall not be provided for City Commission elections. <br /> <br />Section 2. Severability. The provisions of this Ordinance are declared severable and if any <br />section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid <br />or unconstitutional, such decision shall not effect the validity of the remaining sections, <br />sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the <br />legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. <br /> <br />Section 3. Inclusion in the Code. It is the intention of the City Commission of the City of <br />Sunny Isles Beach that the provisions of this Ordinance shall become and be made a part of the <br />City of Sunny Isles Beach Code of Ordinances. <br /> <br />Section 4. Effective Date. This Ordinance shall be effective ten (10) days after second <br />reading. <br /> <br />02005- Early Voting 1 <br />