Difference between revisions of "Laws governing recall in Florida"

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{{tnr}}The '''recall of local elected government officials in Florida''' is governed by [http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0100/Sections/0100.361.html Fla. Stat. Ann §100.361].  This statute applies to "cities and charter counties whether or not they have adopted recall provisions." 
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==Charter counties==
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Florida's recall law says that the law is applicable to Florida's charter counties, regardless of whether the county has specifically included a charter provision in its county charter governing recall.  Florida has 67 counties, and as of 2010, 18 of these counties were charter counties.  The counties that are charter counties are [[Alachua County, Florida ballot measures|Alachua]], [[Brevard County, Florida ballot measures|Brevard]], [[Broward County, Florida ballot measures|Broward]], [[Charlotte County, Florida ballot measures|Charlotte]], [[Columbia County, Florida ballot measures|Columbia]], [[Duval County, Florida ballot measures|Duval]], [[Hillsborough County, Florida ballot measures|Hillsborough]], [[Lee County, Florida ballot measures|Lee]], [[Leon County, Florida ballot measures|Leon]], [[Miami-Dade County, Florida ballot measures|Miami-Dade]], [[Orange County, Florida ballot measures|Orange]], [[Osceola County, Florida ballot measures|Osceola]], [[Palm Beach County, Florida ballot measures|Palm Beach]], [[Pinellas County, Florida ballot measures|Pinellas]], [[Polk County, Florida ballot measures|Polk]], [[Sarasota County, Florida ballot measures|Sarasota]], [[Seminole County, Florida ballot measures|Seminole]] and [[Volusia County, Florida ballot measures|Volusia]].
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==Who may be recalled?==
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According to Fla. Stat. Ann §100.36(1), "Any member of the governing body of a municipality or charter county, hereinafter referred to in this section as “municipality,” may be removed from office by the electors of the municipality."
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==Features of the law==
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* A recall cannot begin until the targeted official has served at least one-fourth of his or her term in office.
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* Grounds for the recall must be provided.  There are 7 allowable grounds.  They are "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude."
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* From the time that the recall petition is [[approved for circulation]], signatures must be collected within 30 days.
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* The [[Florida signature requirements|signature requirement varies]] based on the number of registered voters in the jurisdiction.
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{|class="wikitable" cellspacing="0" cellpadding="5" border="1" style="background:none" style="width:80%;"
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|-
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! style="background-color:#008000; color: white;" | Number of registered voters in jurisdiction
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! style="background-color:#008000; color: white;" | Signature requirement
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|-
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| Fewer than 500
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| 50 registered voters, or 10%
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|-
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| 500-1,999
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| 100 registered voters, or 10%, whichever is greater
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|-
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| 2,000-4,999
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| 250 registered voters, or 10%, whichever is greater
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|-
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| 5,000-9,999
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| 500 registered voters, or 10%, whichever is greater
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|-
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| 10,000-24,999
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| 1,000 registered voters, or 10%, whichever is greater
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|-
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| 25,000 or more
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| 1,000 registered voters, or 5%, whichever is greater
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|}
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==See also==
 
==See also==
  
 
* [[Laws governing recall]]
 
* [[Laws governing recall]]
  
{{recall stub}}
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==External links==
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* [http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0100/Sections/0100.361.html Text of Fla. Stat. Ann §100.361]
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* [http://election.dos.state.fl.us/opinions/new/1989/de8910.pdf December 19, 1989 opinion of the Florida Division of Elections regarding the correct interpretation of Fla. Stat. Ann §100.361]
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{{Recalls by office}}
 
{{Recalls by office}}
  

Revision as of 11:38, 30 December 2010

The recall of local elected government officials in Florida is governed by Fla. Stat. Ann §100.361. This statute applies to "cities and charter counties whether or not they have adopted recall provisions."

Charter counties

Florida's recall law says that the law is applicable to Florida's charter counties, regardless of whether the county has specifically included a charter provision in its county charter governing recall. Florida has 67 counties, and as of 2010, 18 of these counties were charter counties. The counties that are charter counties are Alachua, Brevard, Broward, Charlotte, Columbia, Duval, Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole and Volusia.

Who may be recalled?

According to Fla. Stat. Ann §100.36(1), "Any member of the governing body of a municipality or charter county, hereinafter referred to in this section as “municipality,” may be removed from office by the electors of the municipality."

Features of the law

  • A recall cannot begin until the targeted official has served at least one-fourth of his or her term in office.
  • Grounds for the recall must be provided. There are 7 allowable grounds. They are "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude."
  • From the time that the recall petition is approved for circulation, signatures must be collected within 30 days.
  • The signature requirement varies based on the number of registered voters in the jurisdiction.
Number of registered voters in jurisdiction Signature requirement
Fewer than 500 50 registered voters, or 10%
500-1,999 100 registered voters, or 10%, whichever is greater
2,000-4,999 250 registered voters, or 10%, whichever is greater
5,000-9,999 500 registered voters, or 10%, whichever is greater
10,000-24,999 1,000 registered voters, or 10%, whichever is greater
25,000 or more 1,000 registered voters, or 5%, whichever is greater

See also

External links