{"id":151830,"date":"2026-02-11T17:40:15","date_gmt":"2026-02-11T17:40:15","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/151830\/"},"modified":"2026-02-11T17:40:15","modified_gmt":"2026-02-11T17:40:15","slug":"dunlap-will-not-seek-town-council-seat-fort-myers","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/151830\/","title":{"rendered":"Dunlap will not seek town council seat – FORT MYERS"},"content":{"rendered":"


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\n \/Fort Myers Beach News
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\n Questions regarding Dunlap’s residency led to town attorney issuing memo regarding residency qualifications for town council seat
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Fort Myers Beach Charter Review Commission Chair James Dunlap, who also sits on the Fort Myers Beach Local Planning Agency, had appeared in front of the Town of Fort Myers Beach Council last month to express interest in the vacant town council seat. Dunlap subsequently decided not to apply for the seat. The subject of his residency led to a memo issued by Fort Myers Beach Attorney Nancy Stuparich on the residency qualifications for the council seat. <\/p>\n


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Fort Myers Beach Charter Review Commission Chairman James Dunlap, who had appeared in front of the Town of Fort Myers Beach Council last month to express his interest in the council seat vacated by Jim Atterholt, declined to file an application for the seat.<\/p>\n

Dunlap did not elaborate on his decision when questioned following a meeting of the Charter Review Commission this past week. Dunlap, who also sits on the Fort Myers Beach Local Planning Agency, was the subject of questions regarding his Fort Myers Beach residency since he has a home on the island and also maintains a homesteaded property in Estero.<\/p>\n

Dunlap declined to comment in response to questions regarding his homesteaded property in Estero and his residency.<\/p>\n

The residency requirements for a town council seat was the subject of a memo issued by Town of Fort Myers Beach Attorney Nancy Stuparich last month, in which she addressed questions from Town of Fort Myers Beach Manager Will McKannay concerning residency requirements.<\/p>\n

McKannay sought the opinion of Stuparich concerning whether claiming homestead in one town but registering to vote in another affects the eligibility for office. McKannay had been contacted by residents questioning if Dunlap met the residency requirements.<\/p>\n

\u201cAs this issue has been circulating in the community, I am responding to the Town Manager as well as to all<\/p>\n

of you to avoid further confusion and possible miscommunications,\u201d Stuparich wrote in the memo.<\/p>\n

\u201cThe qualifications for serving as a member of the Fort Myers Beach Town Council are<\/p>\n

set forth in Section 4.01(c) of the Town Charter, which provides as follows:<\/p>\n

\u201cEach member of the council shall be a resident of the town and a registered voter and<\/p>\n

shall have resided within the corporate limits of the municipality for a minimum of 1<\/p>\n

year prior to qualifying for election.\u201d<\/p>\n

Based on the town\u2019s Charter language, Stuparich said, there are three qualification requirements: (i)<\/p>\n

residency within the Town, (ii) registration as a voter, and (iii) residency within the<\/p>\n

Town for at least one year prior to qualifying for election. <\/p>\n

\u201cRegarding residency and domicile, the Town Charter establishes residency within the<\/p>\n

Town as a qualification for office but does not further define the term. Under Florida<\/p>\n

law, when a charter or statute does not provide a specific definition, residency for<\/p>\n

purposes of holding public office is generally evaluated using domicile principles.<\/p>\n

Domicile is a mixed question of fact and intent and considers both the physical<\/p>\n

presence within the jurisdiction and the individual\u2019s intent to maintain that location<\/p>\n

as his or her permanent residence,\u201d Stuparich said.<\/p>\n

\u201cRegarding homestead and voter registration, the Town Charter does not require a<\/p>\n

candidate to claim a homestead exemption within the Town. However, under Florida<\/p>\n

law, factors such as homestead exemption status and voter registration address are<\/p>\n

commonly considered as evidence of domicile,\u201d Stuparich said. \u201cNo single factor is necessarily<\/p>\n

controlling, and the presence or absence of a homestead exemption does not<\/p>\n

automatically determine eligibility.\u201d<\/p>\n

Stuparich said that residency and domicile are \u201ctypically evaluated based on objective evidence reflecting physical<\/p>\n

presence and intent, which may include voter registration records, driver\u2019s license<\/p>\n

address, property ownership or lease documents, utility records, homestead<\/p>\n

exemption filings, and sworn statements. The relevance and weight of any such<\/p>\n

information depend on the specific facts presented.\u201d<\/p>\n

If a question arises regarding whether the Charter\u2019s requirements have been satisfied,<\/p>\n

the Town Council is the body charged with making the final determination based on<\/p>\n

the specific facts presented in an appointment application and the applicable Charter<\/p>\n

provisions, Stuparich aid. \u201cThe posted appointment application does include a requirement for the<\/p>\n

individual to swear and affirm that the applicant believes that he\/she is qualified to<\/p>\n

serve,\u201d Stuparich said.<\/p>\n

During the appointment process, the Town Council can ask for an explanation<\/p>\n

and documentation regarding the response provided on the application to this<\/p>\n

question as well as to all the other questions on the application. <\/p>\n

Dunlap, who has a house on Egret Street, was appointed to the Fort Myers Beach Local Planning Agency in June of 2024. At the time, he listed his Estero address as his home address and his mailing address as Fort Myers Beach.<\/p>\n

Approximately two months later, in August, he changed his voter registration address from Estero to Fort Myers Beach, according to records from the Lee County Supervisor of Elections.<\/p>\n

A 73-year-old registered Republican and retired banking executive, he bought a house on Fort Myers Beach in 2021. He bought his home in Estero in 2014.<\/p>\n

\"article<\/p>\n

James Dunlap<\/p>\n

His house in Estero has a market value of $2.2 million and a taxable value of $1.13 million. His home on Fort Myers Beach has a market and taxable assessment of $1.035 million.<\/p>\n

Dunlap\u2019s homesteaded Estero address has no bearing on his ability to vote on Fort Myers Beach, according to Lee County Supervisor of Elections Communications Director Gaby Aguirre. <\/p>\n

\u201cA person\u2019s homestead does not\u00a0indicate their primary residence. Generally, your voter registration should reflect the address where you reside. If you live on Fort Myers Beach, and your voter registration reflects that, then that is where you would cast your vote in municipal elections,\u201d Aguirre said. <\/p>\n

In addition, Dunlap\u2019s voting registration on Fort Myers Beach does not affect his homesteading on Estero, Lee County Property Appraiser Matt Caldwell said.<\/p>\n

\u201cIn any case where a property owner has multiple homes in the same county, our main evaluation will focus on where the property owner claims their residency and ensuring that there was no other occupant in the homestead claimed as of January 1,\u201d Caldwell said.\u00a0\u201cOur primary concern after that is that only one property is claimed as the homestead.\u201d<\/p>\n

In 2024, the Town of Fort Myers Beach Council voted to change its requirements to sit on the LPA. Whereas previously, LPA members only needed to own property on Fort Myers Beach. Under the updated code, LPA members needed to be registered voters in the town.<\/p>\n

McKannay said Charter Review Commission members must meet the same residency requirements as LPA members though Charter Review Commission member Beverley Milligan is not a registered voter in the town.<\/p>\n

Fort Myers Beach Local Planning Agency (LPA) member James Boan, Protect FMB leader Tom Brady and LPA member John McLean have filed for Atterholt\u2019s seat. The deadline to submit an application was Feb. 2. The Town of Fort Myers Beach Council is expected to vote on the appointment at their next town council meeting on Monday. Whoever is appointed, will need to run again in November to keep the seat for a new four-year term.<\/p>\n


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