So the fire commissioner who is not living in Lehigh Acres and is presumed to be living outside of Lee County needs to step down now or face the legal consequences.
RESIDENCY REQUIREMENTS – GENERAL OVERVIEW
· In general. Unless otherwise provided for constitutionally, legislatively or judicially, any residency requirement for an elected office must be met at the time of assuming office.
· Oath. State law requires that all candidates at the time of qualifying subscribe to an oath (s. 99.021, F.S.) that they are qualified electors of their county. In order to be a qualified elector, one must be a resident of Florida and the county wherein he or she registers to vote. The oath also provides that the candidate is qualified for the office being sought. However, this oath is considered prospective in nature – it becomes effective at the time of assuming office, unless otherwise provided for constitutionally, legislatively or judicially. See Davis v. Crawford, 116 So. 41 (Fla. 1928); State v. Haskell, 72 So. 651 (Fla. 1916).
· Continuous residency. Any residency requirement for an office is a continuous one. Failure to maintain the residency throughout the term results in a vacancy in the office.