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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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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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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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.)
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23 And the title is amended as follows:
24 On page 1, line 2, after the semicolon,
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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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