Bill Text: FL H0787 | 2011 | Regular Session | Introduced

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Bill Title: Recall

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0787 Detail]

Download: Florida-2011-H0787-Introduced.html

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HB 787

1	A bill to be entitled
2	An act relating to recall; creating s. 100.365, F.S.
3	providing procedures for recall from office of the
4	Governor, the Lieutenant Governor, members of the Cabinet,
5	and legislators; requiring that proponents of the recall
6	register as a political committee; prescribing the methods
7	and timeframes for initiating and conducting the recall;
8	providing ballot language; providing that the removal of
9	the Governor from office includes the removal of the
10	Lieutenant Governor; authorizing the adoption of rules;
11	providing a contingent effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 100.365, Florida Statutes, is created
16	to read:
17	100.365  Recall election of Governor, Lieutenant Governor,
18	members of the Cabinet, and legislators.-
19	(1)  In accordance with s. 8, Art. VI of the State
20	Constitution, the Governor, the Lieutenant Governor, a member of
21	the Cabinet, or a legislator may be removed from office by the
22	electors before the official's term expires. A person may be
23	removed from elective office pursuant to the procedures provided
24	in this section. The method of removing persons from elective
25	office provided in this section is in addition to any other
26	method provided by state law.
27	(2)  The proponent of a recall petition shall, prior to
28	obtaining any signatures, register as a political committee
29	pursuant to s. 106.03 and submit the text of the proposed recall
30	petition to the Secretary of State, with the form on which the
31	signatures will be affixed, and obtain the approval of the
32	Secretary of State of such form. The Secretary of State shall
33	prescribe by rule the style and requirements of the form in
34	accordance with this section and s. 8, Art. VI of the State
35	Constitution.
36	(3)  The recall of a public official is initiated by
37	delivering to the Secretary of State a petition containing the
38	name of the person sought to be recalled and the alleged reason
39	for the recall. The alleged reason for the recall is not
40	reviewable. However, a petition to recall the Governor shall
41	also contain the name of the Lieutenant Governor. Proponents
42	have 120 days to circulate and file the signed petitions.
43	(4)  A recall petition form circulated for signatures may
44	not be bundled with or attached to any other petition. Each
45	signature shall be dated when signed and shall be valid for the
46	duration of the recall, provided all other requirements of law
47	are met. The proponent shall submit signed and dated forms to
48	the appropriate supervisor of elections for verification as to
49	the number of registered electors whose valid signatures appear
50	on the forms. The supervisor shall promptly verify the
51	signatures within 30 days after receipt of the petition forms
52	and payment of the fee required by s. 99.097. The supervisor
53	shall promptly record, in the manner prescribed by the Secretary
54	of State, the date each form is received by the supervisor and
55	the date the signature on the form is verified as valid. The
56	supervisor may verify that the signature on a form is valid only
57	if:
58	(a)  The form contains the original signature of the
59	purported elector.
60	(b)  The purported elector has accurately recorded on the
61	form the date on which he or she signed the form.
62	(c)  The form accurately sets forth the purported elector's
63	name, street address, county, and voter registration number or
64	date of birth.
65	(d)  The purported elector is, at the time he or she signs
66	the petition, a duly qualified and registered elector authorized
67	to vote in the county in which his or her signature is
68	submitted.
69
70	The supervisor shall retain the signature petitions for at least
71	1 year after the conclusion of the recall process.
72	(5)  The Secretary of State shall determine from the
73	signatures verified by the supervisors of elections the total
74	number of verified valid signatures and the distribution of such
75	signatures by county, when appropriate. Upon a determination
76	that the requisite number and distribution of valid signatures
77	have been obtained, the Secretary of State shall at once serve
78	upon the person sought to be recalled a certified copy of the
79	petition and shall notify the Governor that a recall election
80	shall be held in accordance with s. 8, Art VI of the State
81	Constitution.
82	(6)  The ballots for the recall election of any person
83	other than the Governor shall state: "Shall .... be removed from
84	the office of .... by recall?" followed by the word "yes" and
85	also by the word "no." Immediately thereafter, the names of the
86	candidates who are seeking to fill the remainder of that term of
87	office, if vacated, shall be listed.
88	(7)  The ballots for the recall election of the Governor
89	shall state: "Shall .... be removed from the office of Governor
90	and shall .... be removed from the office of Lieutenant Governor
91	by recall?" followed by the word "yes" and also by the word
92	"no." Immediately thereafter, the names of the joint candidates
93	for Governor and Lieutenant Governor who are seeking to fill the
94	remainder of that term of office, if vacated, shall be listed.
95	Neither the Governor nor the Lieutenant Governor may appear on
96	the ballot as a candidate for either office. The removal of the
97	Governor from office includes the removal of the Lieutenant
98	Governor.
99	(8)  The Secretary of State, as chief election officer of
100	the state, may adopt rules to administer this section.
101	Section 2.  This act shall take effect on the effective
102	date of an amendment to the State Constitution approved by the
103	electors at the general election to be held in November 2012
104	which authorizes, or removes impediment to, enactment by the
105	Legislature of the provisions of this act.

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