HB 9

A bill to be entitled
2An act relating to recall; creating s. 100.365, F.S.;
3providing procedures for recall from office of the
4Governor, the Lieutenant Governor, members of the
5Cabinet, and legislators; requiring that proponents of
6the recall register as a political committee;
7prescribing the methods and timeframes for initiating
8and conducting the recall; providing ballot language;
9providing that the removal of the Governor from office
10includes the removal of the Lieutenant Governor;
11authorizing the adoption of rules; providing a
12contingent effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Section 100.365, Florida Statutes, is created
17to read:
18     100.365  Recall election of Governor, Lieutenant Governor,
19members of the Cabinet, and legislators.-
20     (1)  In accordance with s. 8, Art. VI of the State
21Constitution, the Governor, the Lieutenant Governor, a member of
22the Cabinet, or a legislator may be removed from office by the
23electors before the official's term expires. A person may be
24removed from elective office pursuant to the procedures provided
25in this section. The method of removing persons from elective
26office provided in this section is in addition to any other
27method provided by general law.
28     (2)  The proponent of a recall petition shall, prior to
29obtaining any signatures, register as a political committee
30pursuant to s. 106.03 and submit the text of the proposed recall
31petition to the Secretary of State, with the form on which the
32signatures will be affixed, and obtain the approval of the
33Secretary of State of such form. The Secretary of State shall
34prescribe by rule the style and requirements of the form in
35accordance with this section and s. 8, Art. VI of the State
37     (3)  The recall of a public official is initiated by
38delivering to the Secretary of State a petition containing the
39name of the person sought to be recalled and the alleged reason
40for the recall. The alleged reason for the recall is not
41reviewable. However, a petition to recall the Governor shall
42also contain the name of the Lieutenant Governor. Proponents
43have 120 days to circulate and file the signed petitions.
44     (4)  A recall petition form circulated for signatures may
45not be bundled with or attached to any other petition. Each
46signature shall be dated when signed and shall be valid for the
47duration of the recall, provided all other requirements of law
48are met. The proponent shall submit signed and dated forms to
49the appropriate supervisor of elections for verification as to
50the number of registered electors whose valid signatures appear
51on the forms. The supervisor shall promptly verify the
52signatures within 30 days after receipt of the petition forms
53and payment of the fee required by s. 99.097. The supervisor
54shall promptly record, in the manner prescribed by the Secretary
55of State, the date each form is received by the supervisor and
56the date the signature on the form is verified as valid. The
57supervisor may verify that the signature on a form is valid only
59     (a)  The form contains the original signature of the
60purported elector.
61     (b)  The purported elector has accurately recorded on the
62form the date on which he or she signed the form.
63     (c)  The form accurately sets forth the purported elector's
64name, street address, county, and voter registration number or
65date of birth.
66     (d)  The purported elector is, at the time he or she signs
67the petition, a duly qualified and registered elector authorized
68to vote in the county in which his or her signature is
71The supervisor shall retain the signature petitions for at least
721 year after the conclusion of the recall process.
73     (5)  The Secretary of State shall determine from the
74signatures verified by the supervisors of elections the total
75number of verified valid signatures and the distribution of such
76signatures by county, when appropriate. Upon a determination
77that the requisite number and distribution of valid signatures
78have been obtained, the Secretary of State shall at once serve
79upon the person sought to be recalled a certified copy of the
80petition and shall notify the Governor that a recall election
81shall be held in accordance with s. 8, Art VI of the State
83     (6)  The ballots for the recall election of any person
84other than the Governor shall state: "Shall .... be removed from
85the office of .... by recall?" followed by the word "yes" and
86also by the word "no." Immediately thereafter, the names of the
87candidates who are seeking to fill the remainder of that term of
88office, if vacated, shall be listed.
89     (7)  The ballots for the recall election of the Governor
90shall state: "Shall .... be removed from the office of Governor
91and shall .... be removed from the office of Lieutenant Governor
92by recall?" followed by the word "yes" and also by the word
93"no." Immediately thereafter, the names of the joint candidates
94for Governor and Lieutenant Governor who are seeking to fill the
95remainder of that term of office, if vacated, shall be listed.
96Neither the Governor nor the Lieutenant Governor may appear on
97the ballot as a candidate for either office. The removal of the
98Governor from office includes the removal of the Lieutenant
100     (8)  The Secretary of State, as chief election officer of
101the state, may adopt rules to administer this section.
102     Section 2.  This act shall take effect on the effective
103date of House Joint Resolution 7, or a similar joint resolution
104having substantially the same specific intent and purpose, if
105that joint resolution is approved by the electors at the general
106election to be held in November 2012.

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