Alex Díaz De La Portilla v. Miguel Angel Gabela

Summary

The Florida Third District Court of Appeal affirmed a circuit court decision concerning a candidate's compliance with the City of Miami's district residency qualification. The court relied on the City Charter and prior precedent holding that the residency requirement is a qualification to run for office and does not require continuous or immediately preceding residency.

Holdings

1. The plain language of section 4(c) of the City of Miami Charter does not require continuous residency in the district or residency immediately preceding qualification.
2. Section 102.168(3)(b), Florida Statutes, does not permit a post-election challenge based on a candidate's failure to meet the qualification requirements necessary to run for office.

Questions Presented

1. Whether the City of Miami Charter's district-residency requirement requires continuous residency or residency immediately preceding a candidate's qualification.
2. Whether a candidate's alleged failure to satisfy the charter's qualification requirements may be challenged after the election under section 102.168(3)(b), Florida Statutes.

Disposition

affirmed