CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 270

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Sebesta moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 15,

15

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

                                  1
    5:47 PM   04/18/00                              s0270c1c-20x41




                                                  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

                                  2
    5:47 PM   04/18/00                              s0270c1c-20x41




                                                  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.

15

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;

                                  3
    5:47 PM   04/18/00                              s0270c1c-20x41




                                                  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

                                  4
    5:47 PM   04/18/00                              s0270c1c-20x41




                                                  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,"

                                  5
    5:47 PM   04/18/00                              s0270c1c-20x41




                                                  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

                                  6
    5:47 PM   04/18/00                              s0270c1c-20x41




                                                  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.

18

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;

                                  7
    5:47 PM   04/18/00                              s0270c1c-20x41