Florida Senate - 2026 SB 1180
By Senator Arrington
25-00184C-26 20261180__
1 A bill to be entitled
2 An act relating to community development district
3 recall elections; creating s. 190.0071, F.S.; defining
4 terms; providing that certain members of the governing
5 body of a community development district may be
6 removed by the electors of the community development
7 district; providing that only specified electors are
8 eligible to sign the petition to recall such members
9 under specified circumstances; requiring that a
10 petition to recall a member contain specified
11 information; requiring separate petitions for each
12 member sought to be recalled; requiring a specified
13 percentage of electors to sign the petition; requiring
14 that such signatures be obtained and submitted within
15 specified timeframes; requiring the designation of a
16 recall committee and chair of such committee;
17 providing that the committee and the member to be
18 recalled are subject to specified provisions;
19 providing the grounds for removal of elected members;
20 requiring each elector to sign and date petitions;
21 requiring that each petition contain specified
22 information; requiring that a petition be filed with
23 the Department of Commerce in a specified manner by
24 the chair of the committee; prohibiting the petition
25 from being amended after it is filed; requiring the
26 department to submit the forms to the supervisor of
27 elections to promptly verify signatures and make a
28 certain determination; requiring the committee to pay
29 in advance for such verification; requiring that
30 specified papers and forms be available in alternative
31 formats upon request; requiring the department to make
32 a certain certification under specified circumstances;
33 requiring the department to serve a certified copy of
34 the petition upon the person sought to be recalled
35 under a specified circumstance; authorizing such
36 person to submit a certain response within a specified
37 timeframe; requiring the department to prepare a
38 specified document within a specified timeframe;
39 specifying requirements for such document; requiring
40 the department to deliver such document to the chair
41 of the committee and take his or her receipt therefor;
42 authorizing the committee to circulate the petition;
43 requiring that all signatures be obtained and all
44 forms filed with the department within a specified
45 timeframe; requiring the supervisor to determine the
46 number of valid signatures and certify that the
47 requisite percentage of electors signed the petition;
48 requiring that the supervisor be paid a specified sum
49 for each name checked; requiring the department to
50 certify specified determinations made and provide a
51 certain notice to the governing body of the community
52 development district; requiring that, under a
53 specified condition, recall proceedings be terminated
54 and petitions not be used again; providing that a
55 member designated in the petition may resign and that
56 such resignation is irrevocable; requiring the
57 governing body to fill certain vacancies according to
58 the applicable law; requiring the chief judge of the
59 judicial circuit to fix a day for holding the recall
60 election, which must be held within a prescribed
61 timeframe under specified conditions; requiring that
62 the ballots include specified information; prescribing
63 procedures for holding special elections to fill
64 vacancies created by the recall petition; providing
65 for the filling of a vacancy created by a member
66 resigning before the recall election; prohibiting a
67 member from being the subject of a recall petition
68 until the member has served a specified portion of his
69 or her term of office; prohibiting a member removed by
70 recall or resignation from being eligible to be
71 appointed to the governing body for a specified
72 timeframe after his or her removal; requiring the
73 department to preserve the petitions and related
74 papers for a specified timeframe; prohibiting a person
75 from impersonating another, purposely writing his or
76 her name or residence falsely, or signing any paper
77 with certain knowledge; prohibiting a person from
78 employing or paying another to accept payment for
79 circulating or witnessing petitions; providing
80 criminal penalties; providing legislative intent;
81 providing applicability; amending s. 190.006, F.S.;
82 providing that board members of community development
83 districts are subject to specified election recall
84 provisions; providing an effective date.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Section 190.0071, Florida Statutes, is created
89 to read:
90 190.0071 Community development district recall.—
91 (1) DEFINITIONS.—As used in this section, the term:
92 (a) “Department” means the Department of Commerce.
93 (b) “District” means the area or region of a community
94 development district from which a member of the governing board
95 is elected by such area’s or region’s electors.
96 (2) APPLICATION.—Any member of the governing body of a
97 community development district who is elected to the governing
98 body may be removed from office by the electors of the community
99 development district. If the member represents a district and is
100 elected only by electors residing in that district, only
101 electors residing in that district are eligible to sign the
102 petition to recall that member and are entitled to vote in the
103 recall election. If the member represents a district and is
104 elected at large by the electors of the community development
105 district, all electors of the community development district are
106 eligible to sign the petition to recall that member and are
107 entitled to vote in the recall election. Members may be removed
108 from office pursuant to the procedures provided in this section.
109 (3) RECALL PETITION.—
110 (a) Petition content.—A petition must contain the name of
111 the person sought to be recalled and a statement of grounds for
112 recall. The statement of grounds may not exceed 200 words, and
113 the stated grounds are limited solely to those specified in
114 paragraph (d). If more than one member of the governing body is
115 sought to be recalled, regardless of whether such member is
116 elected by the electors of a district or by the electors of the
117 community development district at large, a separate recall
118 petition must be prepared for each member sought to be recalled.
119 Upon request, the content of a petition may be, but is not
120 required to be, provided by the proponent in alternative
121 formats.
122 (b) Requisite signatures.—The petition must be signed by at
123 least 10 percent of the total number of registered electors of
124 the community development district or of a district thereof. All
125 signatures must be obtained as provided in paragraph (e) within
126 a period of 30 days, and all signed and dated petition forms
127 must be filed at the same time, no later than 30 days after the
128 date on which the first signature is obtained on the petition.
129 (c) Recall committee.—Electors of the community development
130 district making charges contained in the statement of grounds
131 for recall, as well as those signing the recall petition, must
132 be designated as the recall committee. A specific person must be
133 designated in the petition as chair of the committee, and this
134 person shall act on behalf of the committee. The recall
135 committee and the officer being recalled are subject to chapter
136 106.
137 (d) Grounds for recall.—The grounds for removal of elected
138 members of the governing body of a community development
139 district are, for the purposes of this act, limited to the
140 following and must be contained in the petition:
141 1. Malfeasance;
142 2. Misfeasance;
143 3. Neglect of duty;
144 4. Drunkenness;
145 5. Incompetence;
146 6. Permanent inability to perform official duties; or
147 7. Conviction of a felony involving moral turpitude.
148 (e) Signature process.—Only electors of the district or the
149 community development district are eligible to sign the
150 petition. Each elector signing a petition shall sign and date
151 his or her name in ink or indelible pencil. Each petition must
152 contain appropriate lines for each elector’s original signature;
153 printed name; street address; city; county; voter registration
154 number or date of birth; Florida driver license number, Florida
155 identification card number issued pursuant to s. 322.051, or the
156 last four digits of the elector’s social security number; and
157 the date signed.
158 (f) Filing of signed petitions.—All signed petition forms
159 must be filed at the same time, no later than 35 days after the
160 date on which the first signature is obtained on the petition.
161 The person designated as chair of the committee shall file the
162 signed petition forms with the department. The petition may not
163 be amended after it is filed with the department.
164 (g) Verification of signatures.—
165 1. No more than 60 days after the date on which all
166 petition forms are filed, the department shall submit the
167 petition forms to the supervisor of elections, who shall
168 promptly verify the signatures in accordance with s. 99.097 and
169 determine whether the requisite number of valid signatures has
170 been obtained for the petition. The committee seeking
171 verification of the signatures must pay in advance to the
172 supervisor of elections the actual cost of signature
173 verification.
174 2. Upon filing with the department, the petition and all
175 subsequent papers or forms required or permitted to be filed
176 with the department in connection with this section must, upon
177 request, be made available in alternative formats by the
178 department.
179 3. If the supervisor determines that the petition does not
180 contain the requisite number of verified and valid signatures,
181 the department, upon receipt of such written determination, must
182 certify such determination to the governing body of the
183 community development district and file the petition without
184 taking further action, and the matter ends. No additional names
185 may be added to the petition, and the petition may not be used
186 in any other proceeding.
187 4. If the supervisor of elections determines that the
188 petition has the requisite number of verified and valid
189 signatures, the procedures outlined in subsection (4) must be
190 followed.
191 (4) RECALL PETITION AND DEFENSE.—
192 (a) Notice.—Upon receipt of a written determination that
193 the requisite number of signatures has been obtained, the
194 department shall at once serve upon the member sought to be
195 recalled a certified copy of the petition. Within 5 days after
196 service, the member sought to be recalled may file with the
197 department a defensive statement of not more than 200 words.
198 (b) Content and preparation.—Within 5 days after the date
199 of receipt of the defensive statement or after the last date a
200 defensive statement could have been filed, the department shall
201 prepare a document entitled “Recall Petition and Defense,” which
202 consists of the recall petition, including copies of the
203 originally signed petitions and counterparts. The Recall
204 Petition and Defense must contain lines that conform to
205 paragraph (3)(e) and the defensive statement or, if no defensive
206 statement has been filed, a statement to that effect. The
207 department shall make copies of the Recall Petition and Defense
208 which are sufficient to carry the signatures of 30 percent of
209 the registered electors. Immediately after preparing and making
210 sufficient copies of the Recall Petition and Defense, the
211 department shall deliver the copies to the person designated as
212 chair of the committee and take his or her receipt therefor.
213 (c) Requisite signatures.—Upon receipt of the Recall
214 Petition and Defense, the committee may circulate the petition
215 to obtain the signatures of 15 percent of the electors. All
216 signatures must be obtained and all signed petition forms filed
217 with the department no later than 60 days after delivery of the
218 Recall Petition and Defense to the chair of the committee.
219 (d) Verification of signatures.—Within 30 days after
220 receipt of the signed Recall Petition and Defense, the
221 supervisor of elections shall determine the number of valid
222 signatures and certify whether 15 percent of the qualified
223 electors of the community development district have signed the
224 petition. The supervisor of elections must be paid by the
225 persons or committee seeking verification the actual cost of
226 signature verification.
227 (e) Reporting.—If the supervisor of elections determines
228 that the requisite number of signatures has not been obtained,
229 the department must certify such determination to the governing
230 body and retain the petitions. The proceedings must be
231 terminated, and the petitions may not be used again. If the
232 supervisor of elections determines that at least 15 percent of
233 the qualified electors signed the petition, the department must
234 immediately serve notice of that determination upon the member
235 sought to be recalled and deliver to the governing body a
236 certificate as to the percentage of qualified electors who
237 signed.
238 (5) RECALL ELECTION.—If the member designated in the
239 petition files his or her written resignation within 5 days
240 after the last-mentioned notice, the resignation is irrevocable.
241 The governing body shall then proceed to fill the vacancy
242 according to the applicable law. In the absence of a
243 resignation, the chief judge of the judicial circuit in which
244 the community development district is located shall fix a day
245 for holding a recall election for the removal of any member not
246 resigning. Any such election must be held not less than 30 days
247 or more than 60 days after the expiration of the last-mentioned
248 5-day period and at the same time as any other general or
249 special election held within the period; but if no such election
250 is to be held within that period, the judge must call a special
251 recall election to be held within the period aforesaid.
252 (6) BALLOTS.—The ballots at the recall election must
253 conform to the following: With respect to each person whose
254 removal is sought, the question must be submitted: “Shall ....
255 be removed from the office of .... by recall?” Immediately
256 following each question there must be printed on the ballots the
257 two propositions in the following order:
258 “...(name of person)... should be removed from office.”
259 “...(name of person)... should not be removed from office.”
260 (7) FILLING OF VACANCIES; SPECIAL ELECTIONS.—
261 (a) If an election is held for the recall of members
262 elected only at large, candidates to succeed such members for
263 the unexpired terms must be voted on at the same election and
264 must be elected in the same manner as provided by the
265 appropriate law for the election of candidates at general
266 elections. Candidates may not be elected to succeed any
267 particular member. If only one member is removed, the candidate
268 receiving the highest number of votes must be declared elected
269 to fill the vacancy. If more than one member is removed,
270 candidates equal in number to the number of members removed must
271 be declared elected to fill the vacancies; and, among the
272 successful candidates, those receiving the greatest number of
273 votes must be declared elected for the longest terms. Cases of
274 ties, and all other matters not herein specially provided for,
275 must be determined by the rules governing elections generally.
276 (b) If an election is held for the recall of members
277 elected only from districts, candidates to succeed such members
278 for the unexpired terms must be voted on at a special election
279 called by the chief judge of the judicial circuit in which the
280 districts are located not less than 30 days or more than 60 days
281 after the expiration of the recall election. The qualifying
282 period, for purposes of this section, must be established by the
283 chief judge of the judicial circuit after consultation with the
284 department. Any candidate seeking election to fill the unexpired
285 term of a recalled community development district member must
286 reside in the district represented by the recalled member and
287 qualify for office in the manner required by law. Each candidate
288 receiving the highest number of votes for each office in the
289 community development district recall election must be declared
290 elected to fill the unexpired term of the recalled member.
291 Candidates seeking election to fill a vacancy created by the
292 removal of a member are subject to chapter 106.
293 (c) If an election is held for the recall of members of the
294 governing body composed of both members elected at large and
295 elected by and representing a district, candidates to succeed
296 such members for the unexpired terms must be voted on at a
297 special election as provided in paragraph (b).
298 (d) In any recall election held pursuant to paragraph (b)
299 or paragraph (c), if only one member is voted to be removed from
300 office, the vacancy created by the recall must be filled by the
301 governing body according to the applicable law for filling
302 vacancies.
303 (8) EFFECT OF RESIGNATIONS.—If the member of the governing
304 body being recalled resigns from office before the recall
305 election, the remaining members must fill the vacancy created
306 according to the applicable law for filling vacancies. If all of
307 the members of the governing body are sought to be recalled and
308 all of the members resign before the recall election, the recall
309 election must be canceled, and a special election must be called
310 to fill the unexpired terms of the resigning members. If all of
311 the members of the governing body are sought to be recalled and
312 any of the members resign before the recall election, the
313 proceedings for the recall of members not resigning and the
314 election of successors to fill the unexpired terms must continue
315 and have the same effect as though there had been no
316 resignation.
317 (9) WHEN PETITION MAY BE FILED.—A petition to recall any
318 member of the governing body of a community development district
319 may not be filed until the member has served one-fourth of his
320 or her term of office. A person who is removed by a recall, or
321 resigns after a petition has been filed against him or her, is
322 not eligible to be appointed to the governing body within a
323 period of 2 years after the date of such recall or resignation.
324 (10) RETENTION OF PETITION.—The department shall preserve
325 all papers comprising or connected with a petition for recall
326 for a period of 2 years after they are filed.
327 (11) OFFENSES RELATING TO PETITIONS.—A person may not
328 impersonate another, purposely write his or her name or
329 residence falsely in the signing of any petition for recall or
330 forge any name thereto, or sign any paper with knowledge that he
331 or she is not a qualified elector of the community development
332 district. A person may not employ or pay another to accept
333 employment or payment for circulating or witnessing a recall
334 petition. A person who violates this section commits a
335 misdemeanor of the second degree, punishable as provided in s.
336 775.082 or s. 775.083.
337 (12) INTENT.—It is the intent of the Legislature that the
338 recall procedures provided in this section be uniform statewide.
339 Therefore, all special law provisions that are contrary to the
340 provisions of this section are hereby repealed to the extent of
341 this conflict.
342 (13) PROVISIONS APPLICABLE.—The provisions of this act
343 apply to all community development districts.
344 Section 2. Paragraph (e) is added to subsection (3) of
345 section 190.006, Florida Statutes, to read:
346 190.006 Board of supervisors; members and meetings.—
347 (3)
348 (e) Any board member elected to the board of supervisors is
349 subject to the recall procedures provided for in s. 190.0071.
350 Section 3. This act shall take effect July 1, 2026.