Florida 2023 Regular Session

Florida House Bill H0209 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 209 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0209-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the recall of county commissioners; 2
16	16	amending s. 100.361, F.S.; providing that members of 3
17	17	the governing body of a noncharter county may be 4
18	18	removed from office by the electors of the county; 5
19	19	making technical changes; providing a contingent 6
20	20	effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
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24	24	Section 1. Subsection (1) and paragraphs (d), (f), and (g) 11
25	25	of subsection (2) of section 100.361, Florida Statutes, are 12
26	26	amended to read: 13
27	27	100.361 Municipal and county official recall.— 14
28	28	(1) APPLICATION; DEFINITION. —Any member of the governing 15
29	29	body of a municipality , or charter county, or noncharter county, 16
30	30	hereinafter referred to in this section as "municipality," may 17
31	31	be removed from office by the electors of the municipality. When 18
32	32	the official represents a district and is elected only by 19
33	33	electors residing in that district, only electors from that 20
34	34	district are eligible to sign the petition to recall that 21
35	35	official and are entitled to vote in the recall election. When 22
36	36	the official represents a district and is elected at -large by 23
37	37	the electors of the municipality, all electors of the 24
38	38	municipality are eligible to sign the petition t o recall that 25
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40	40	HB 209 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0209-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	official and are entitled to vote in the recall election. As 26
52	52	Where used in this section, the term "district" means shall be 27
53	53	construed to mean the area or region of a municipality from 28
54	54	which a member of the governing body is elected by the ele ctors 29
55	55	from such area or region. Members may be removed from office 30
56	56	pursuant to the procedures provided in this section. This method 31
57	57	of removing members of the governing body of a municipality is 32
58	58	in addition to any other method provided by state law. 33
59	59	(2) RECALL PETITION.— 34
60	60	(d) Grounds for recall. —The grounds for removal of elected 35
61	61	municipal officials shall, for the purposes of this act, be 36
62	62	limited to the following and must be contained in the petition: 37
63	63	1. Malfeasance.; 38
64	64	2. Misfeasance.; 39
65	65	3. Neglect of duty.; 40
66	66	4. Drunkenness.; 41
67	67	5. Incompetence.; 42
68	68	6. Permanent inability to perform official duties .; and 43
69	69	7. Conviction of a felony involving moral turpitude. 44
70	70	(f) Filing of signed petitions. —All signed petition forms 45
71	71	shall be filed at the same time, no later than 30 days after the 46
72	72	date on which the first signature is obtained on the petition. 47
73	73	The person designated as chair of the committee shall file the 48
74	74	signed petition forms with the auditor or clerk of the 49
75	75	municipality or charter county, or his or her equivalent, 50
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77	77	HB 209 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0209-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	hereinafter referred to as "clerk." The petition may not be 51
89	89	amended after it is filed with the clerk. 52
90	90	(g) Verification of signatures. — 53
91	91	1. Immediately after the filing of the petition forms, the 54
92	92	clerk shall submit such forms to the county supervisor of 55
93	93	elections. No more than 30 days after the date on which all 56
94	94	petition forms are submitted to the supervisor by the clerk, the 57
95	95	supervisor shall promptly verify the signatures in accordance 58
96	96	with s. 99.097, and determine whether the requisite number of 59
97	97	valid signatures has been obtained for the petition. The 60
98	98	committee seeking verification of the signatures shall pay in 61
99	99	advance to the supervisor the sum of 10 cents for each signature 62
100	100	checked or the actual cost of checking such signatures, 63
101	101	whichever is less. 64
102	102	2. Upon filing with the clerk, the petition and all 65
103	103	subsequent papers or forms required or permitted to be filed 66
104	104	with the clerk in connection with this section must, upon 67
105	105	request, be made available in alternative formats by the clerk. 68
106	106	3. If the supervisor determines that the petition does not 69
107	107	contain the requisite number of verified and valid signatures, 70
108	108	the clerk shall, upon receipt of such written determination, so 71
109	109	certify to the governing body of the municipality or charter 72
110	110	county and file the petition without taking further action, and 73
111	111	the matter shall be at an end. No additional names may be added 74
112	112	to the petition, and the petition shall not be used in any other 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	proceeding. 76
126	126	4. If the supervisor determines that the petition has the 77
127	127	requisite number of verified and valid signatures, then the 78
128	128	procedures outlined in subsection (3) must be followed. 79
129	129	Section 2. This act shall take effect on the effective 80
130	130	date of the amendment to the State Constitut ion proposed by HJR 81
131	131	131 or a joint resolution having substantially the same specific 82
132	132	intent and purpose, if such amendment to the State Constitution 83
133	133	is approved at the next general election or at an earlier 84
134	134	special election specifically authorized by law for that 85
135	135	purpose. 86