CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for SB 270
    Amendment No.    
                            CHAMBER ACTION
              Senate                               House
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 15,
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16  insert:
17         Section 1.  Subsections (1) and (7) of section 100.361,
18  Florida Statutes, are amended to read:
19         100.361  Municipal recall.--
20         (1)  RECALL PETITION.--Any member of the governing body
21  of a municipality or charter county, hereinafter referred to
22  in this section as "municipality," may be removed from office
23  by the electors of the municipality.  When the official
24  represents a district and is elected only by electors residing
25  in that district, only electors from that district are
26  eligible to sign the petition to recall that official and are
27  entitled to vote in the recall election. When the official
28  represents a district and is elected at-large by the electors
29  of the municipality, all electors of the municipality are
30  eligible to sign the petition to recall that official and are
31  entitled to vote in the recall election. Where used in this
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 270
    Amendment No.    
 1  section, the term "district" shall be construed to mean the
 2  area or region of a municipality from which a member of the
 3  governing body is elected by the electors from such area or
 4  region.  Members may be removed from office by the following
 5  procedure:
 6         (a)  A petition shall be prepared naming the person
 7  sought to be recalled and containing a statement of grounds
 8  for recall in not more than 200 words limited solely to the
 9  grounds specified in paragraph (b).  If more than one member
10  of the governing body is sought to be recalled, whether such
11  member is elected by the electors of a district or by the
12  electors of the municipality at-large, a separate recall
13  petition shall be prepared for each member sought to be
14  recalled.
15         1.  In a municipality or district of fewer than 500
16  electors, the petition shall be signed by at least 50 electors
17  or by 10 percent of the total number of registered electors of
18  the municipality or district as of the preceding municipal
19  election, whichever is greater.
20         2.  In a municipality or district of 500 or more but
21  fewer than 2,000 registered electors, the petition shall be
22  signed by at least 100 electors or by 10 percent of the total
23  number of registered electors of the municipality or district
24  as of the preceding municipal election, whichever is greater.
25         3.  In a municipality or district of 2,000 or more but
26  fewer than 5,000 registered electors, the petition shall be
27  signed by at least 250 electors or by 10 percent of the total
28  number of registered electors of the municipality or district
29  as of the preceding municipal election, whichever is greater.
30         4.  In a municipality or district of 5,000 or more but
31  fewer than 10,000 registered electors, the petition shall be
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 270
    Amendment No.    
 1  signed by at least 500 electors or by 10 percent of the total
 2  number of registered electors of the municipality or district
 3  as of the preceding municipal election, whichever is greater.
 4         5.  In a municipality or district of 10,000 or more but
 5  fewer than 25,000 registered electors, the petition shall be
 6  signed by at least 1,000 electors or by 10 percent of the
 7  total number of registered electors of the municipality or
 8  district as of the preceding municipal election, whichever is
 9  greater.
10         6.  In a municipality or district of 25,000 or more
11  registered electors, the petition shall be signed by at least
12  1,000 electors or by 5 percent of the total number of
13  registered electors of the municipality or district as of the
14  preceding municipal election, whichever is greater.
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16  Electors of the municipality or district making charges
17  contained in the statement of grounds for recall and those
18  signing the recall petition shall be designated as the
19  "committee."  A specific person shall be designated in the
20  petition as chair of the committee to act for the committee.
21  Electors of the municipality or district are eligible to sign
22  the petition. Signatures and oaths of witnesses circulators
23  shall be executed as provided in paragraph (c).  All
24  signatures shall be obtained within a period of 30 days, and
25  the petition shall be filed within 30 days after the date the
26  first signature is obtained on the petition.
27         (b)  The grounds for removal of elected municipal
28  officials shall, for the purposes of this act, be limited to
29  the following and must be contained in the petition:
30         1.  Malfeasance;
31         2.  Misfeasance;
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 270
    Amendment No.    
 1         3.  Neglect of duty;
 2         4.  Drunkenness;
 3         5.  Incompetence;
 4         6.  Permanent inability to perform official duties; and
 5         7.  Conviction of a felony involving moral turpitude.
 6         (c)  Each elector of the municipality signing a
 7  petition shall sign his or her name in ink or indelible pencil
 8  as registered in the office of the supervisor of elections and
 9  shall state on the petition his or her place of residence and
10  voting precinct.  Each petition shall contain appropriate
11  lines for the signature, printed name, and address signatures
12  and addresses of the elector electors and an oath, to be
13  executed by a witness the circulator thereof, verifying the
14  fact that the witness circulator saw each person sign the
15  counterpart of the petition, that each signature appearing
16  thereon is the genuine signature of the person it purports to
17  be, and that the petition was signed in the presence of the
18  witness circulator on the date indicated.
19         (d)  The petition shall be filed with the auditor or
20  clerk of the municipality or charter county, or his or her
21  equivalent, hereinafter referred to as clerk, by the person
22  designated as chair of the committee, and, when the a facially
23  valid petition meeting the requirements of paragraph (b) is
24  filed, the clerk shall submit such petition to the county
25  supervisor of elections who shall, within a period of not more
26  than 30 days after the petition is filed with the supervisor,
27  determine whether the petition contains the required valid
28  signatures.  If it is determined by the clerk that the
29  petition does not meet the requirements of paragraph (b) and
30  therefore is not facially valid, the clerk shall so notify the
31  governing body of the municipality or charter county and take
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 270
    Amendment No.    
 1  no further action.  The petition cannot be amended after it is
 2  filed with the clerk.  The supervisor shall be paid by the
 3  persons or committee seeking verification the sum of 10 cents
 4  for each name checked.
 5         (e)  If it is determined that the petition does not
 6  contain the required signatures, the clerk shall so certify to
 7  the governing body of the municipality or charter county and
 8  file the petition without taking further action, and the
 9  matter shall be at an end.  No additional names may be added
10  to the petition, and the petition shall not be used in any
11  other proceeding.
12         (f)  If it is determined that the petition has the
13  required signatures, then the clerk shall at once serve upon
14  the person sought to be recalled a certified copy of the
15  petition.  Within 5 days after service, the person sought to
16  be recalled may file with the clerk a defensive statement of
17  not more than 200 words.  The clerk shall, within 5 days,
18  prepare a sufficient number of typewritten, printed, or
19  mimeographed copies of the recall petition and defensive
20  statement, as well as the names, addresses, and oaths on the
21  original petition, and deliver them to the person who has been
22  designated as chair of the committee and take his or her
23  receipt therefor.  Such prepared copies shall be entitled
24  "Recall Petition and Defense" and shall contain lines and
25  spaces for signatures and printed names of registered
26  electors, place of residence, election precinct number, and
27  date of signing, together with oaths to be executed by the
28  witnesses circulators which conform to the provisions of
29  paragraph (c). The clerk shall deliver forms sufficient to
30  carry the signatures of 30 percent of the registered electors.
31         (g)  Upon receipt of the "Recall Petition and Defense,"
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 270
    Amendment No.    
 1  the committee may circulate them to obtain the signatures of
 2  15 percent of the electors.  Any elector who signs a recall
 3  petition shall have the right to demand in writing that his or
 4  her name be stricken from the petition.  A written demand
 5  signed by the elector shall be filed with the clerk and upon
 6  receipt of the demand the clerk shall strike the name of the
 7  elector from the petition and place his or her initials to the
 8  side of the signature stricken. However, no signature may be
 9  stricken after the clerk has delivered the "Recall Petition
10  and Defense" to the supervisor of elections for verification.
11         (h)  Within 60 days after delivery of the "Recall
12  Petition and Defense" to the chair, the chair shall file with
13  the clerk the "Recall Petition and Defense" which bears the
14  signatures of electors.  The clerk shall assemble all signed
15  petitions, check to see that each petition is properly
16  verified by the oath of a witness the circulator, and submit
17  such petitions to the county supervisor of elections, who
18  shall determine the number of valid signatures, purge the
19  names withdrawn, certify within 30 days whether 15 percent of
20  the qualified electors of the municipality have signed the
21  petitions, and report his or her findings to the governing
22  body.  The supervisor shall be paid by the persons or
23  committee seeking verification the sum of 10 cents for each
24  name checked.
25         (i)  If the petitions do not contain the required
26  signatures, the clerk shall report such fact to the governing
27  body and file the petitions, the proceedings shall be
28  terminated, and the petitions shall not again be used. If the
29  signatures do amount to at least 15 percent of the qualified
30  electors, the clerk shall serve notice of that fact upon the
31  person sought to be recalled and deliver to the governing body
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 270
    Amendment No.    
 1  a certificate as to the percentage of qualified voters who
 2  signed.
 3         (7)  OFFENSES RELATING TO PETITIONS.--No person shall
 4  impersonate another, purposely write his or her name or
 5  residence falsely in the signing of any petition for recall or
 6  forge any name thereto, or sign any paper with knowledge that
 7  he or she is not a qualified elector of the municipality. No
 8  expenditures for campaigning for or against an officer being
 9  recalled shall be made until the date on which the recall
10  election is to be held is publicly announced.  The committee
11  and the officer being recalled shall be subject to chapter
12  106.  No person shall employ or pay another to accept
13  employment or payment for circulating or witnessing a recall
14  petition.  Any person violating any of the provisions of this
15  section shall be deemed guilty of a misdemeanor of the second
16  degree and shall, upon conviction, be punished as provided by
17  law.
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19  (Redesignate subsequent sections.)
20
21
22  ================ T I T L E   A M E N D M E N T ===============
23  And the title is amended as follows:
24         On page 1, line 2, after the semicolon,
25
26  insert:
27         amending s. 100.361, F.S.; revising provisions
28         governing recall petitions; providing penalties
29         for employing or paying another to accept
30         employment or payment for witnessing a recall
31         petition;
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