Laws governing recall in Florida
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|
- Text of Fla. Stat. Ann §100.361
- December 19, 1989 opinion of the Florida Division of Elections regarding the correct interpretation of Fla. Stat. Ann §100.361