This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0131.LFS
DATE: 2/8/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HJR 131 Recall of County Officers and Commissioners
SPONSOR(S): Rudman and others
TIED BILLS: HB 209 IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
Roy Miller
2) Ethics, Elections & Open Government
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
Art. VIII, s. 1 of the Florida Constitution provides the framework for county government in Florida,
including requiring counties 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 county officers created in the Florida constitution and county commissioners may be removed from office
when their terms expire or if suspended by the Governor and removed by the Senate. A county charter also
may provide for recall of county commissioners or county constitutional officers, or both.
HJR 131 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. Approval of the joint
resolution by the Legislature with a three-fifths vote would place the amendment on the ballot for 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: h0131.LFS PAGE: 2
DATE: 2/8/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
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 or special law, a county government may be adopted by charter approved
by the county voters.
3
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 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.
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. The Local Government Formation Manual, Appendix C, p. 106, at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3227&Sessio
n=2023&DocumentType=General+Publications&FileName=2022+Local+Go vernment+Formation+Manual.pdf (last visited
Jan. 28, 2023).
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). STORAGE NAME: h0131.LFS PAGE: 3
DATE: 2/8/2023
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
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 use the default five-member board, elected at-large method, while 20 counties elect
commissioners from single-member districts and seven counties use the seven-member board
system.
17
Recall of Officials
General law 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 member sought to be recalled and a statement of grounds for the recall.
19
The statement of
grounds 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
13
Art. VIII, s. 1(d), Fla. Const.
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 Jan. 26,
2023). On November 8, 2022, the voters of Alachua County approved an amendment to s. 2.2(A) the county charter and
now require county commissioners to be elected only by the qualified electors within their respective districts. See ch.
2022-257, Laws of Fla.
18
S. 100.361(1), F.S.
19
S. 100.361(2)(a), F.S.
20
S. 100.361(2)(a), 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. STORAGE NAME: h0131.LFS PAGE: 4
DATE: 2/8/2023
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 the 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
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 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 may be recalled only after serving at least one-fourth of the term of office. A member against
whom a recall petition is filed is not eligible for appointment to the governing body for two years
following recall or resignation after a petition has been filed.
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 a county charter to impose additional removal procedures
on county officers or commissioners. The broad home rule powers of charter counties allow them to act
so long as the action taken is not “inconsistent with general law, or with special law approved by vote of
the electors.”
35
Apart from the power of charter counties to provide for recall, the constitution provides for four-year
terms of county officers.
25
S. 100.361(3), F.S.
26
S. 100.361(3)(b), F.S.
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, Duval, Miami-Dade, and Sarasota provide for the recall of the Five Constitutional Officers. See Fla.
Association of Counties, Charter County Information, available at https://www.fl-counties.com/sites/default/files/2021-
03/Charter%20County%20Provision%20Comparisons.2020.pdf (last visited Jan. 28, 2023).
35
Art. VIII, s. 1(g), Fla. Const. STORAGE NAME: h0131.LFS PAGE: 5
DATE: 2/8/2023
Effects of Proposed Changes
The joint resolution proposes an amendment to the Florida Constitution authorizing 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.
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.
36
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 to a joint resolution
proposing to amend the state Constitution.
2. Other:
None.
36
S. 101.171, F.S. STORAGE NAME: h0131.LFS PAGE: 6
DATE: 2/8/2023
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES