Florida Senate - 2012                                    SJR 422
       
       
       
       By Senator Smith
       
       
       
       
       29-00409-12                                            2012422__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section 8
    3         of Article VI of the State Constitution to provide for
    4         the recall of the Governor, Lieutenant Governor,
    5         members of the Cabinet, and legislators.
    6  
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following creation of Section 8 of Article VI of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                             ARTICLE VI                            
   15                       SUFFRAGE AND ELECTIONS                      
   16         SECTION 8. Recall of governor, lieutenant governor, members
   17  of the cabinet, and legislators.—
   18         (a) Recall is the power of the electors to remove a person
   19  from elective office before his or her term expires. The
   20  governor, lieutenant governor, members of the cabinet, and
   21  legislators may be removed from office by the electors in a
   22  recall election. This method of removing persons from elective
   23  office is in addition to any other method provided by this
   24  constitution or general law.
   25         (b) The recall of a public official under this section is
   26  initiated by delivering to the custodian of state records a
   27  petition containing the name of the person sought to be recalled
   28  and the alleged reason for the recall. The sufficiency of the
   29  reason is not reviewable. Proponents have 120 days to circulate
   30  and file signed petitions, and the custodian of state records
   31  shall maintain a continuous count of the signatures certified to
   32  that office.
   33         (c) A petition to recall a public official other than a
   34  legislator under this section must contain signatures from each
   35  of the 67 counties in the state, and the signatures must equal
   36  15 percent of the total votes cast in the last election for the
   37  office. All electors of the state may sign the petition to
   38  recall the official. If the recall petition is successful and a
   39  recall election is held, all electors in the state may vote in
   40  the recall election.
   41         (d) A petition to recall a legislator must contain
   42  signatures equal to 20 percent of the total votes cast in the
   43  last election for the office. Only electors of the district the
   44  legislator represents may sign the petition to recall the
   45  legislator. If the recall petition is successful and a recall
   46  election is held, only electors of the district the legislator
   47  represents may vote in the recall election.
   48         (e) Notwithstanding any other provision of this
   49  constitution or law, if the petition to hold a recall election
   50  under this section is successful, the election for a successor
   51  to the office shall be held simultaneously with the recall
   52  election. The election to determine whether to recall a public
   53  official under this section and elect a successor shall be
   54  called by the custodian of state records and held not less than
   55  60 days nor more than 80 days after the date of certification of
   56  the number of sufficient signatures. However, if the next
   57  regularly scheduled election is to be held within 100 days after
   58  the date of certification of sufficient signatures, the
   59  custodian of state records may schedule the recall election on
   60  the same date as the regularly scheduled election. The public
   61  official who is the subject of the recall may not be a candidate
   62  for the office.
   63         (f) If the majority vote on the question is to recall the
   64  public official, the official shall be removed and the candidate
   65  who receives the highest number of votes cast in the election
   66  held simultaneously to fill the vacancy in office shall be the
   67  successor for the remainder of the term. If the public official
   68  who is the subject of the petition is not recalled, he or she
   69  shall be reimbursed by the state for any recall election
   70  expenses that were personally and legally incurred and a
   71  subsequent recall petition may not be initiated against the
   72  official during the remainder of his or her term in office.
   73         (g) Additional provisions governing recall under this
   74  section may be provided by general law.
   75         BE IT FURTHER RESOLVED that the following statement be
   76  placed on the ballot:
   77                      CONSTITUTIONAL AMENDMENT                     
   78                        ARTICLE VI, SECTION 8                      
   79         RECALL OF GOVERNOR, LIEUTENANT GOVERNOR, MEMBERS OF THE
   80  CABINET, AND LEGISLATORS.—Recall is the power of the electors to
   81  remove a person from elective office before his or her term
   82  expires. This proposed amendment to the State Constitution
   83  provides for recall of the Governor, the Lieutenant Governor,
   84  any member of the Cabinet, or any legislator at an election. The
   85  recall process is initiated when a petition containing the name
   86  of the person sought to be recalled and the alleged grounds for
   87  the recall is delivered to the custodian of state records. The
   88  sufficiency of the reason for the recall is not reviewable. The
   89  supporters of the recall measure have 120 days to circulate and
   90  file signed petitions with the custodian of state records.
   91         This amendment also specifies who is eligible to sign the
   92  recall petition and what percentage of the electors must sign
   93  the petition in order for a recall election to take place. If
   94  the person who is the subject of the recall petition is a
   95  legislator, only electors from the legislator’s district may
   96  sign the petition. If the person who is the subject of the
   97  recall petition is a public official subject to recall under
   98  this amendment other than a legislator, any elector of the state
   99  may sign the petition. The same standards apply to who may vote
  100  if a recall election is held.
  101         Finally, this amendment provides that if enough signatures
  102  are collected to require a recall election, the election for a
  103  successor to the office, if vacated, will be held at the same
  104  time as the recall election. The successor who is elected will
  105  serve the remainder of the term. This proposed amendment
  106  specifies when the custodian of state records must call the
  107  election and provides that the person who is the subject of the
  108  recall may not be a candidate for the office. If the person who
  109  is the subject of the recall petition is not recalled from
  110  office, he or she will be reimbursed for any recall election
  111  expenses that were personally and legally incurred.
  112  Additionally, if the person is not recalled, a subsequent recall
  113  may not be initiated against the person during the remainder of
  114  his or her term in office.