Dunlap will not seek town council seat

Questions regarding Dunlap's residency led to town attorney issuing memo regarding residency qualifications for town council seat

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.

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.

Dunlap declined to comment in response to questions regarding his homesteaded property in Estero and his residency.

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.

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.

“As this issue has been circulating in the community, I am responding to the Town Manager as well as to all

of you to avoid further confusion and possible miscommunications,” Stuparich wrote in the memo.

“The qualifications for serving as a member of the Fort Myers Beach Town Council are

set forth in Section 4.01(c) of the Town Charter, which provides as follows:

“Each member of the council shall be a resident of the town and a registered voter and

shall have resided within the corporate limits of the municipality for a minimum of 1

year prior to qualifying for election.”

Based on the town’s Charter language, Stuparich said, there are three qualification requirements: (i)

residency within the Town, (ii) registration as a voter, and (iii) residency within the

Town for at least one year prior to qualifying for election.

“Regarding residency and domicile, the Town Charter establishes residency within the

Town as a qualification for office but does not further define the term. Under Florida

law, when a charter or statute does not provide a specific definition, residency for

purposes of holding public office is generally evaluated using domicile principles.

Domicile is a mixed question of fact and intent and considers both the physical

presence within the jurisdiction and the individual’s intent to maintain that location

as his or her permanent residence,” Stuparich said.

“Regarding homestead and voter registration, the Town Charter does not require a

candidate to claim a homestead exemption within the Town. However, under Florida

law, factors such as homestead exemption status and voter registration address are

commonly considered as evidence of domicile,” Stuparich said. “No single factor is necessarily

controlling, and the presence or absence of a homestead exemption does not

automatically determine eligibility.”

Stuparich said that residency and domicile are “typically evaluated based on objective evidence reflecting physical

presence and intent, which may include voter registration records, driver’s license

address, property ownership or lease documents, utility records, homestead

exemption filings, and sworn statements. The relevance and weight of any such

information depend on the specific facts presented.”

If a question arises regarding whether the Charter’s requirements have been satisfied,

the Town Council is the body charged with making the final determination based on

the specific facts presented in an appointment application and the applicable Charter

provisions, Stuparich aid. “The posted appointment application does include a requirement for the

individual to swear and affirm that the applicant believes that he/she is qualified to

serve,” Stuparich said.

During the appointment process, the Town Council can ask for an explanation

and documentation regarding the response provided on the application to this

question as well as to all the other questions on the application.

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.

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.

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.

James Dunlap

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.

Dunlap’s 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.

“A person’s homestead does not indicate 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,” Aguirre said.

In addition, Dunlap’s voting registration on Fort Myers Beach does not affect his homesteading on Estero, Lee County Property Appraiser Matt Caldwell said.

“In 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,” Caldwell said. “Our primary concern after that is that only one property is claimed as the homestead.”

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.

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.

Fort Myers Beach Local Planning Agency (LPA) member James Boan, Protect FMB leader Tom Brady and LPA member John McLean have filed for Atterholt’s 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.