Bill Text: FL H0009 | 2012 | Regular Session | Introduced

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Bill Title: Recall

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2012-03-09 - Died in Government Operations Subcommittee [H0009 Detail]

Download: Florida-2012-H0009-Introduced.html

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HB 9

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

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