This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0663c.PIE
DATE: 2/7/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HJR 663 Recall of County Officers and Commissioners
SPONSOR(S): Williamson
TIED BILLS: HB 1399 IDEN./SIM. BILLS: SJR 1004
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
14 Y, 0 N Darden Miller
2) Public Integrity & Elections Committee 13 Y, 2 N Roy Rubottom
3) State Affairs Committee
SUMMARY ANALYSIS
Art. VIII, s. 1 of the Florida Constitution provides the fundamental framework for county government in Florida,
including requiring each county to be governed by a board of county commissioners and establishing the
offices of sheriff, tax collector, property appraiser, supervisor of elections, and clerk of the circuit court.
The joint resolution proposes amending the Florida Constitution to allow the Legislature to provide by general
law for the recall of county officers and commissioners. Each chamber of the Legislature must pass a joint
resolution by a three-fifths vote in order for the proposal to be placed on the ballot. The joint resolution provides
for the proposed constitutional amendment to be submitted to the electors of Florida for approval or rejection at
the next general election or at an earlier special election specifically authorized by law for that purpose.
A joint resolution proposing an amendment to the State Constitution must be passed by three-fifths of
the membership of each house of the Legislature.
The Constitution requires 60 percent voter approval for passage of a proposed constitutional
amendment.
STORAGE NAME: h0663c.PIE PAGE: 2
DATE: 2/7/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
County Officers and Commissioners
Article VIII of the Florida Constitution establishes the authority for home rule by counties and
municipalities in Florida. The Legislature is required to divide the state into counties
1
and has the
authority to choose to create municipalities.
2
Pursuant either to general
3
or special law, a county government may be adopted by charter approved
by the county voters. A county without a charter has such powers of self-government as provided by
general
4
or special law.
5
A county with a charter has all powers of self-government not inconsistent with
general law or special law approved by the county voters.
6
The Florida Constitution provides unique
authorization
7
for specific home rule charters including those of Duval
8
and Miami-Dade Counties.
9
Currently, 20 Florida counties have adopted charters.
10
The present Constitution creates five specific county officers: sheriff, tax collector, property appraiser,
supervisor of elections, and clerk of the circuit court (collectively, the Five Constitutional
Offices/Officers).
11
The clerk of the circuit court also serves as the ex officio clerk of the board of county
commissioners, auditor, recorder, and custodian of county funds. Each officer is elected separately by
the voters of the county for terms of four years. These officers have duties prescribed in general law.
12
The continuation, duties, or term in office of each of the Five Constitutional Offices may not be altered.
Other provision for the county government duties of the Clerk of the Court may be made as provided
under article V, section 16 of the Florida Constitution or by special act approved by the voters of the
county.
13
1
Art. VIII, s. 1(a), Fla. Const.
2
Art. VIII, s. 2(a), Fla. Const.
3
S. 125.60, F.S.
4
Ch. 125, Part I, F.S.
5
Art. VIII, s. 1(f), Fla. Const.
6
Art. VIII, s. 1(g), Fla. Const.
7
Art. VIII, s. 6(e), Fla. Const., incorporating by reference ss. 9, 10, 11, 24 from article VIII of the 1885 Constitution, states that these
specific provisions respectively for Duval, Miami-Dade, Monroe, and Hillsborough Counties “shall remain in full force and effect as to
each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan
pursuant to this article.”
8
The consolidated government of the City of Jacksonville was created by ch. 67-1320, Laws of Florida, adopted pursuant to Art. VIII, s.
9, Fla. Const. (1885).
9
In 1956, an amendment to the 1885 Florida Constitution provided Dade County with the authority to adopt, revise, and amend from
time to time a home rule charter government for the county. The voters of Dade County approved that charter on May 21, 1957. Dade
County, now known as Miami-Dade County, has unique home rule status. Article VIII, s. 11(5) of the 1885 State Constitution, now
incorporated by reference in art. VIII, s. 6(e), Fla. Const. (1968), further provided the Metropolitan Dade County Home Rule Charter,
and any subsequent ordinances enacted pursuant to the charter, may conflict with, modify, or nullify any existing local, special, or
general law applicable only to Dade County. Accordingly, Miami-Dade County ordinances enacted pursuant to the Charter may
implicitly, as well as expressly, amend or repeal a special act that conflicts with a Miami-Dade County ordinance. Effectively, the Miami-
Dade Charter can only be altered through constitutional amendment, general law, or County actions approved by referendum. Chase v.
Cowart, 102 So. 2d 147, 149-50 (Fla. 1958).
10
Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Duval (consolidated government with the City of Jacksonville, ch. 67-1320,
Laws of Fla.), Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole, Volusia, and
Wakulla Counties. 2020-2022 The Local Government Formation Manual, p. 104-108, at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Session=2021
&DocumentType=General+Publications&FileName=2021-2022+Local+Government+Formation+Manual.pdf, (last visited Dec. 17,
2021).
11
Art. VIII, s. 1(d), Fla. Const.
12
See ch. 30, F.S. (stating certain duties of the sheriff as a Constitutional officer); ch. 197, F.S. (stating certain duties of the tax collector
as a Constitutional officer); ch. 193, Part I, F.S. (stating certain duties of the property appraiser as a Constitutional officer); ch. 102, F.S.
(stating certain duties of the supervisor of elections as a Constitutional officer); and ch. 28, F.S. (stating certain duties of the clerk of the
circuit court as a Constitutional officer).
13
Art. VIII, s. 1(d), Fla. Const. STORAGE NAME: h0663c.PIE PAGE: 3
DATE: 2/7/2022
The Constitution also provides that each county, except as otherwise provided by a county charter, is
governed by a board of county commissioners composed of five or seven members serving staggered
four-year terms.
14
Each county must be divided into districts that are contiguous and as nearly equal in
population as practicable, which are redrawn after each decennial census. One commissioner must
reside in each district as provided by law.
The default method created by general law provides that each county has a five-member commission,
with a commissioner representing each district elected at-large by all voters of the county.
15
Subject to
approval in a referendum of the county’s voters, the commission may alternatively be structured as:
A five-member board, with each member elected only by the qualified electors who reside in the
same county commission district as the commissioner; or
A seven-member board, with five members elected only by the qualified electors who reside in
the same county commission district as the commissioner and two members elected at-large.
16
Most counties (41) use the default five-member board, elected at-large method, while 19 counties elect
commissioners from single-member districts and seven counties use the seven-member board
system.
17
Recall of Officials
General law currently provides for the recall of members of the governing body of a municipality or
charter county. The recall process begins with a petition of the electors of the district (or the entire
governmental unit if the subject member is elected at large).
18
The petition must include the name of
the members sought to be recalled and a statement of grounds for the recall.
19
The statement of
grounds may not exceed 200 words and must describe malfeasance, misfeasance, neglect of duty,
drunkenness, incompetence, permanent inability to perform official duties, or conviction of a felony
involving moral turpitude.
20
A separate petition is required for each member sought to be recalled.
21
The recall petition must be signed by the greater of a set population threshold based on size of the
municipality, county, or district, or ten percent of the registered voters of the municipality, county, or
district.
22
The petition process must be completed within 30 days after the first signature is obtained
and the completed petition must be submitted to the clerk of the municipality or county by the chair of
the recall committee.
23
After receipt of the petition, the clerk is responsible for submitting the petition to
the supervisor of elections for the purpose of verifying signatures.
24
If the requisite number of signatures has been obtained, and the supervisor of elections determines a
sufficient number of signatures are valid, the clerk of the county or municipality must serve a certified
copy of the petition to the member for which a recall is sought.
25
The member has five days after
service within which to file a defensive statement with the clerk. Upon receipt of the defensive
statement, the clerk, within five days, must prepare a sufficient number of copies of the petition and
defensive statement, and copies of the names, addresses, and oaths on the original petition. The clerk
must deliver these copies to chair of the sponsoring committee and obtain a receipt from the chair. The
clerk’s prepared copies are referred to as the “Recall Petition and Defense.”
26
14
Art. VIII, s. 1(e), Fla. Const.
15
S. 124.011(1), F.S.
16
S. 124.011(1)(a)-(b), F.S.
17
Fla. Association of Counties, County Districting, https://www.fl-counties.com/county-districting (last visited Dec. 17, 2021).
18
S. 100.361(1), F.S.
19
S. 100.361(2)(a), F.S.
20
S. 100.361(2)(a), (d), F.S.
21
S. 100.361(2)(a), F.S.
22
S. 100.361(2)(b), F.S.
23
S. 100.361(2)(f), F.S. The recall committee consists of all electors of the municipality, county, or district making charges contained in
the statement of grounds for recall, as well as those signing the recall petition. One member of the recall committee must serve as the
chair. S. 100.361(2)(c), F.S.
24
S. 100.361(2)(g), F.S.
25
S. 100.361(3), F.S.
26
S. 100.361(3)(b), F.S. STORAGE NAME: h0663c.PIE PAGE: 4
DATE: 2/7/2022
The Recall Petition and Defense must be signed by at least 15 percent of the electors.
27
The chair of
the recall committee has 60 days from the delivery of the “Recall Petition and Defense” to obtain
signatures and file the petition with the clerk. The clerk, after assembling the petitions and checking
witness oaths, must deliver the petition to the supervisor of elections, who verifies signatures, purges
all names stricken, and certifies within 30 days if the petition contains the requisite number of
signatures.
28
The supervisor must report his or her findings to the governing body.
If the required signatures are not obtained, the clerk must report this information to the governing body,
file the petitions with the county supervisor of elections, and terminate the proceedings.
29
The petitions
cannot be used again. If, however, the required signatures are obtained, the clerk must serve notice on
the member being recalled and deliver to the governing body a certificate stating the percentage of
qualified voters who signed.
If the member does not resign within five days of the receipt of the final notice, the chief judge of the
judicial circuit sets the date for a recall election to occur no less than 30 days and no more than 60
days after the expiration of the five-day period in which the member may have resigned.
30
If the recall
election results in a single vacancy, the vacancy is filled by the governing body using the ordinary
method provided by law for filling vacancies.
31
If multiple members of the governing body are subject to
recall, any potential vacancy may be filled by a special election held at the same time as the recall (for
positions elected at-large) or at a special election held less than 30 days and no more than 60 days
after the recall election (for positions elected from districts).
32
A member can only be recalled if he or she has served at least one-fourth of the term of office. A
member is not eligible for appointment to the governing body for two years following recall or
resignation after a petition has been filed against him or her.
33
In addition to the above-described provision of law, most charter counties provide for recall in their
charters.
34
While not expressly identified in article VIII, section 1(d) of the State Constitution, there is no
constitutional prohibition limiting the ability of charter counties to impose additional removal procedures
on county officers or commissioners. The broad home rule power of counties allows them to act so long
as the action taken is not “inconsistent with general law, or . . . special law.”
35
Thus, subject to
provisions of general law, counties may currently modify their removal procedures within the existing
article VIII, section 1(d) framework through charter amendment or special law.
36
Apart from the power of charter counties to provide for removal of officers, the constitution provides for
four-year terms of county officers. While their election is governed by general law, the authority of the
legislature.
Effect of Proposed Joint Resolution
The joint resolution proposes amending the Florida Constitution to allow the Legislature to provide by
general law for the recall of county officers and commissioners. The joint resolution must pass each
chamber with a three-fifths vote before it may be placed on the ballot. Thereafter, it must be approved
by at least 60 percent of the electors voting on the measure.
27
S. 100.361(3)(c), F.S.
28
S. 100.361(3)(e), F.S.
29
S. 100.361(3)(d)-(f), F.S.
30
S. 100.361(4), F.S. If a general or special election is set within the time period, the recall election must be set on the same day.
31
S. 100.361(6)(d), F.S.
32
S. 100.361(6)(a)-(b), F.S.
33
S. 100.361(8), F.S.
34
Of the state’s 20 charter counties, 18 provide for the recall of county commissioners. Additionally, the charters of Brevard, Clay,
Columbia, Duval, Miami-Dade, Polk, and Sarasota provide for the recall of the Five Constitutional Officers. See Fla. Association of
Counties, Charter County Information, (last visited Dec. 17, 2021).
35
Art. VIII, s. 1(g), Fla. Const.
36
See Telli v. Broward County, 94 So. 3d 504, 512-13 (Fla. 2012) (allowing charter counties to adopt term limits on county
commissioners and explicitly overruling a prior case which barred this in the case of the Five Constitutional Officers). STORAGE NAME: h0663c.PIE PAGE: 5
DATE: 2/7/2022
B. SECTION DIRECTORY:
Not applicable.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Article XI, section 5(d) of the Florida Constitution requires publication of a proposed amendment in
a newspaper of general circulation in each county. The Division of Elections must advertise the full
text of the amendment twice in a newspaper of general circulation in each county where the
amendment will appear on the ballot. The Division must also provide each supervisor of elections
with either booklets or posters displaying the full text of each proposed amendment.
37
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The mandates provision applies only to general laws, not a joint resolution to amend
the Constitution.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
37
S. 101.171, F.S. STORAGE NAME: h0663c.PIE PAGE: 6
DATE: 2/7/2022
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES