| 1 | A bill to be entitled |
| 2 | An act relating to recall; creating s. 100.365, F.S. |
| 3 | providing procedures for recall from office of the |
| 4 | Governor, the Lieutenant Governor, members of the Cabinet, |
| 5 | and legislators; requiring that proponents of the recall |
| 6 | register as a political committee; prescribing the methods |
| 7 | and timeframes for initiating and conducting the recall; |
| 8 | providing ballot language; providing that the removal of |
| 9 | the Governor from office includes the removal of the |
| 10 | Lieutenant Governor; authorizing the adoption of rules; |
| 11 | providing a contingent effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 100.365, Florida Statutes, is created |
| 16 | to read: |
| 17 | 100.365 Recall election of Governor, Lieutenant Governor, |
| 18 | members of the Cabinet, and legislators.- |
| 19 | (1) In accordance with s. 8, Art. VI of the State |
| 20 | Constitution, the Governor, the Lieutenant Governor, a member of |
| 21 | the Cabinet, or a legislator may be removed from office by the |
| 22 | electors before the official's term expires. A person may be |
| 23 | removed from elective office pursuant to the procedures provided |
| 24 | in this section. The method of removing persons from elective |
| 25 | office provided in this section is in addition to any other |
| 26 | method provided by state law. |
| 27 | (2) The proponent of a recall petition shall, prior to |
| 28 | obtaining any signatures, register as a political committee |
| 29 | pursuant to s. 106.03 and submit the text of the proposed recall |
| 30 | petition to the Secretary of State, with the form on which the |
| 31 | signatures will be affixed, and obtain the approval of the |
| 32 | Secretary of State of such form. The Secretary of State shall |
| 33 | prescribe by rule the style and requirements of the form in |
| 34 | accordance with this section and s. 8, Art. VI of the State |
| 35 | Constitution. |
| 36 | (3) The recall of a public official is initiated by |
| 37 | delivering to the Secretary of State a petition containing the |
| 38 | name of the person sought to be recalled and the alleged reason |
| 39 | for the recall. The alleged reason for the recall is not |
| 40 | reviewable. However, a petition to recall the Governor shall |
| 41 | also contain the name of the Lieutenant Governor. Proponents |
| 42 | have 120 days to circulate and file the signed petitions. |
| 43 | (4) A recall petition form circulated for signatures may |
| 44 | not be bundled with or attached to any other petition. Each |
| 45 | signature shall be dated when signed and shall be valid for the |
| 46 | duration of the recall, provided all other requirements of law |
| 47 | are met. The proponent shall submit signed and dated forms to |
| 48 | the appropriate supervisor of elections for verification as to |
| 49 | the number of registered electors whose valid signatures appear |
| 50 | on the forms. The supervisor shall promptly verify the |
| 51 | signatures within 30 days after receipt of the petition forms |
| 52 | and payment of the fee required by s. 99.097. The supervisor |
| 53 | shall promptly record, in the manner prescribed by the Secretary |
| 54 | of State, the date each form is received by the supervisor and |
| 55 | the date the signature on the form is verified as valid. The |
| 56 | supervisor may verify that the signature on a form is valid only |
| 57 | if: |
| 58 | (a) The form contains the original signature of the |
| 59 | purported elector. |
| 60 | (b) The purported elector has accurately recorded on the |
| 61 | form the date on which he or she signed the form. |
| 62 | (c) The form accurately sets forth the purported elector's |
| 63 | name, street address, county, and voter registration number or |
| 64 | date of birth. |
| 65 | (d) The purported elector is, at the time he or she signs |
| 66 | the petition, a duly qualified and registered elector authorized |
| 67 | to vote in the county in which his or her signature is |
| 68 | submitted. |
| 69 |
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| 70 | The supervisor shall retain the signature petitions for at least |
| 71 | 1 year after the conclusion of the recall process. |
| 72 | (5) The Secretary of State shall determine from the |
| 73 | signatures verified by the supervisors of elections the total |
| 74 | number of verified valid signatures and the distribution of such |
| 75 | signatures by county, when appropriate. Upon a determination |
| 76 | that the requisite number and distribution of valid signatures |
| 77 | have been obtained, the Secretary of State shall at once serve |
| 78 | upon the person sought to be recalled a certified copy of the |
| 79 | petition and shall notify the Governor that a recall election |
| 80 | shall be held in accordance with s. 8, Art VI of the State |
| 81 | Constitution. |
| 82 | (6) The ballots for the recall election of any person |
| 83 | other than the Governor shall state: "Shall .... be removed from |
| 84 | the office of .... by recall?" followed by the word "yes" and |
| 85 | also by the word "no." Immediately thereafter, the names of the |
| 86 | candidates who are seeking to fill the remainder of that term of |
| 87 | office, if vacated, shall be listed. |
| 88 | (7) The ballots for the recall election of the Governor |
| 89 | shall state: "Shall .... be removed from the office of Governor |
| 90 | and shall .... be removed from the office of Lieutenant Governor |
| 91 | by recall?" followed by the word "yes" and also by the word |
| 92 | "no." Immediately thereafter, the names of the joint candidates |
| 93 | for Governor and Lieutenant Governor who are seeking to fill the |
| 94 | remainder of that term of office, if vacated, shall be listed. |
| 95 | Neither the Governor nor the Lieutenant Governor may appear on |
| 96 | the ballot as a candidate for either office. The removal of the |
| 97 | Governor from office includes the removal of the Lieutenant |
| 98 | Governor. |
| 99 | (8) The Secretary of State, as chief election officer of |
| 100 | the state, may adopt rules to administer this section. |
| 101 | Section 2. This act shall take effect on the effective |
| 102 | date of an amendment to the State Constitution approved by the |
| 103 | electors at the general election to be held in November 2012 |
| 104 | which authorizes, or removes impediment to, enactment by the |
| 105 | Legislature of the provisions of this act. |