THE BILL ITSELF
CS/CS/HB 1051
Community Development Districts
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A bill to be entitled
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An act relating to community development districts;
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amending s. 125.572, F.S.; providing that specified
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provisions regarding synthetic turf do not apply to
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community development districts enforcing deed
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restrictions; amending s. 190.003, F.S.; revising the
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definition of the term "compact, urban, mixed-use
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district"; creating s. 190.0071, F.S.; providing
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definitions; authorizing the removal of certain
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members of the board of supervisors of a community
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development district by recall; providing requirements
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for the recall procedure; providing the grounds for
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removal of elected members; providing requirements for
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a recall petition; providing that the recall committee
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and the member to be recalled are subject to specified
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campaign financing requirements; providing
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requirements for certain petitions and signatures;
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providing requirements for filing signed petitions;
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prohibiting the petition from being amended after it
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is filed except in specified circumstances; requiring
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the clerk to make certain notifications within a
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specified timeframe; providing requirements for the
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verification of signatures on a certain petition;
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requiring the committee to pay in advance for such
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verification; providing requirements for supervisors
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of elections when verifying signatures; requiring the
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clerk to take specified actions if certain
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determinations are made about the number of
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signatures; authorizing an elector to remove his or
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her name from certain petitions in a specified manner;
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requiring the clerk to take certain actions in
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response to such removal; providing requirements for a
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Record of Recall Proceedings; providing requirements
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for a recall referendum; requiring ballots at such
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referendum meet certain specifications; authorizing a
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recall referendum be canceled in certain
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circumstances; requiring vacancies created by recall
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to be filled in a specified manner; prohibiting
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specified persons from being eligible for appointment
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to the board of supervisors for a certain time period;
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prohibiting certain actions related to the specified
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petitions; providing penalties; amending s. 190.006,
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F.S.; providing that certain board members of
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community development districts are subject to
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specified election recall provisions; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (3) of section 125.572, Florida
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Statutes, is amended to read:
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125.572 Regulation of synthetic turf.—
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(3)(a) Upon the Department of Environmental Protection
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adopting rules pursuant to subsection (4), a local government
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may not:
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1.(a) Adopt or enforce any ordinance, resolution, order,
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rule, or policy that prohibits, or is enforced to prohibit, a
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property owner from installing synthetic turf that complies with
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Department of Environmental Protection standards adopted
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pursuant to this section which apply to single-family
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residential property.
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2.(b) Adopt or enforce any ordinance, resolution, order,
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rule, or policy that regulates synthetic turf which is
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inconsistent with the Department of Environmental Protection
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standards adopted pursuant to this section which apply to
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single-family residential property.
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(b) This subsection does not apply to the adoption or
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enforcement of any resolution, order, rule, or policy by a
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community development district to enforce deed restrictions.
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Section 2. Subsection (7) of section 190.003, Florida
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Statutes, is amended to read:
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190.003 Definitions.—As used in this chapter, the term:
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(7) "Compact, urban, mixed-use district" means a district
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consisting of a maximum of 75 acres which is located within a
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municipality, and within either a qualified opportunity zone
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designated by the United States Department of the Treasury
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pursuant to 26 U.S.C. s. 1400Z-1 or a community redevelopment
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area created pursuant to s. 163.356, which district that
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consists of a maximum of 75 acres, and has development
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entitlements of:
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(a) At least 400,000 square feet of retail development and
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500 residential units; or
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(b) At least 250,000 square feet of commercial development
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and 500 residential rental units that are affordable for very-
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low-income, low-income, or moderate-income persons, as defined
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in s. 420.0004, s. 420.602, or s. 420.9071.
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Section 3. Section 190.0071, Florida Statutes, is created
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to read:
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190.0071 Community development district recall.—
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(1) DEFINITIONS.—As used in this section, the term:
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(a) "Clerk," as the context requires, means:
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1. If the community development district was established
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by ordinance of a local general-purpose government pursuant to
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s. 190.005(2), the clerk of such local general-purpose
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government.
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2. If the community development district was established
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by rule of the Florida Land and Water Adjudicatory Commission
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pursuant to s. 190.005(1), the clerk of the circuit court of the
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county that contains a majority of the qualified electors of the
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district.
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(b) "Subdistrict" means the area or region previously
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contained in a community development district that has been
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merged with one or more other community development districts to
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form a surviving merged district pursuant to s. 190.046.
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(2) APPLICATION.—Any member of the board of supervisors of
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a community development district who is elected to the board by
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the qualified electors of the community development district,
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and who has served at least one-fourth of his or her term of
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office, may be removed from office by the qualified electors of
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the district. If the member represents a subdistrict and is
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elected only by electors residing in that subdistrict, only
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electors residing in that subdistrict are eligible to sign the
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petition to recall that member and are entitled to vote in the
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recall election. If the member is elected at large by the
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electors of the district, all electors of the district are
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eligible to sign the petition to recall that member and are
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entitled to vote in the recall election. Members may be removed
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from office pursuant to the procedures provided in this section.
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(3) GROUNDS FOR RECALL.—The grounds for removal of members
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of the board of supervisors of a district elected by qualified
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electors are, for the purposes of this act, limited to the
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following reasons and must be contained in the recall petition:
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(a) Malfeasance;
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(b) Misfeasance;
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(c) Neglect of duty;
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(d) Drunkenness;
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(e) Incompetence;
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(f) Permanent inability to perform official duties; or
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(g) Conviction of a felony involving moral turpitude.
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(4) RECALL PETITION.—
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(a) Petition content.—A recall petition must contain the
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name of the board member sought to be recalled and a statement
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of grounds for recall, which are limited solely to those
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specified in subsection (3). If more than one member of the
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board of supervisors is sought to be recalled, regardless of
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whether such member is elected by the electors of a district or
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by the electors of a subdistrict, a separate recall petition
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must be prepared for each board member sought to be recalled.
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(b) Requisite signatures.—The petition must be signed by
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at least 10 percent of the total number of registered electors
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of the district or of a subdistrict.
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(c) Recall committee.—The qualified electors of the
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district making charges contained in the statement of grounds
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for recall, as well as those signing the recall petition, must
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be designated as the recall committee. A specific person must be
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designated in the petition as chair of the committee, and this
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person shall act on behalf of the committee and be personally
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responsible for the payment of the costs of the committee as set
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forth in this section. The recall committee and the board member
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being recalled are subject to chapter 106.
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(d) Signature process.—Only electors of the district or
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subdistrict, as applicable, are eligible to sign the recall
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petition. Each petition must contain appropriate lines for each
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elector's original signature which signature shall be made in
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ink or indelible pencil; printed name; street address; city;
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county; voter registration number or date of birth; Florida
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driver license number, Florida identification card number issued
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pursuant to s. 322.051, or the last four digits of the elector's
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social security number; and the date signed.
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(e) Filing of signed petitions.—The recall petition and
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its accompanying signature pages must be filed by the chair of
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the recall committee no later than 35 days after the date on
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which the first signature is obtained on the recall petition.
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The petition may not be amended after it is filed with the
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clerk, except as provided in subparagraph (h)3.
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(f) Notification.—The clerk shall provide written notice,
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by certified mail, to the district's registered agent and the
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board member subject to recall that a recall petition has been
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filed, and provide a copy of such petition, within 7 days of
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receipt of the recall petition.
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(g) Verification of signatures.—
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1. No more than 60 days after the date on which the recall
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petition is filed, the clerk shall submit the recall petition to
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the supervisor of elections, who shall promptly verify the
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signatures in accordance with s. 99.097 and determine whether
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the requisite number of valid signatures has been obtained. The
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recall committee must pay in advance to the supervisor of
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elections the actual cost of such signature verification. If the
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community development district lies in more than one county, the
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clerk shall submit the recall petition to the supervisor of
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elections in each county in which the district is located. In
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such event, the supervisor of elections of each county shall
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make a determination as to whether the requisite number of
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verified and valid signatures has been submitted for their
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respective jurisdictions, and upon receipt of such
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determinations, the supervisor of elections of the county in
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which the clerk is located shall be responsible for providing
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the reporting required by paragraph (h).
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2. The petition and its accompanying documents provided to
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the clerk shall, upon request, be made available in alternative
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formats by the recall committee as requested by the clerk.
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(h) Reporting.—
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1. If the supervisor of elections determines that the
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recall petition does not contain the requisite number of
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verified and valid signatures, the recall proceedings are
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terminated and the clerk must provide written notice of such
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insufficiency determination and termination of recall
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proceedings to the district's registered agent, the board member
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subject to recall, and the recall committee without taking
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further action. Any recall petition deemed insufficient may not
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be used in any other proceeding.
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2. If the supervisor of elections determines that the
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petition has the requisite number of verified and valid
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signatures, the clerk shall provide written notice, by certified
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mail, to the district's registered agent and the recall
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committee of the recall petition sufficiency determination, and
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shall serve upon the board member sought to be recalled, by
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certified mail, notice of such certification and a request that
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the board member submit a rebuttal statement to the clerk within
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30 days of receipt of the request.
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3. A qualified elector may have his or her name removed
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from the recall petition by submitting a signed request in
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writing to the clerk stating such. Within 7 days of a qualified
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elector notifying the clerk to remove his or her name from the
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recall petition, the clerk shall recalculate the current
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percentage of verified and valid signatures. In the event the
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clerk determines that the number of current verified and valid
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signatures falls below the threshold required by paragraph (b),
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the clerk shall send written notice of such insufficiency
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determination and termination of recall proceedings to the
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district's registered agent, the board member subject to recall,
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and the recall committee without taking further action.
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(5) RECORD OF RECALL PROCEEDINGS.—If the supervisor of
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elections determines that a recall petition has the requisite
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number of verified and valid signatures, and within 30 days
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after the date of receipt of the rebuttal statement or after the
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last date a rebuttal statement could have been filed, the clerk
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shall prepare a document entitled "Record of Recall
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Proceedings." The Record of Recall Proceedings shall consist of
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the recall petition, the determination of the supervisor of
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elections regarding the amount of verified and valid signatures,
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and the rebuttal statement, if provided, or, if no rebuttal
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statement was received, an indication that none was received.
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The Record of Recall Proceedings shall be sent by certified mail
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to the district's registered agent, the board member subject to
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recall, and the chair of the recall committee. The district
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shall post the Record of Recall Proceedings on its website
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within 14 days of receipt.
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(6) RECALL REFERENDUM PETITION.-
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(a) Petition content.—Upon the receipt of the Record of
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Recall Proceedings, the recall committee may circulate a
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petition on whether a referendum to recall the board member
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should be held. A recall referendum petition must contain the
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name of the person sought to be recalled and a copy of the
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Record of Recall Proceedings.
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(b) Requisite signatures.—The signed recall referendum
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must be signed by at least 15 percent of the electors.
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(c) Signature process.—All qualified electors of the
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district are eligible to sign the recall referendum petition.
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Each recall referendum petition must contain appropriate lines
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for each qualified elector's original signature which signature
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shall be made in ink or indelible pencil; printed name; street
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address; city; county; voter registration number or date of
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birth; Florida driver license number, Florida identification
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card number issued pursuant to s. 322.051, or the last four
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digits of the qualified elector's social security number; and
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the date signed.
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(d) Filing of signed petitions.-The signed recall
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referendum petition and its accompanying signature pages shall
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be filed with the clerk no later than 60 days after the chair of
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the recall committee's receipt of the Record of Recall
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Proceedings.
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(e) Notification.—The clerk shall provide written notice,
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by certified mail, to the district's registered agent and the
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board member subject to recall that a recall referendum petition
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has been filed, and provide a copy of such petition, within 7
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days of receipt of the recall referendum petition.
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(f) Verification of signatures.—
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1. No more than 30 days after the date on which the recall
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referendum petition is filed, the clerk shall submit the recall
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referendum petition to the supervisor of elections, who shall
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promptly verify the signatures in accordance with s. 99.097 and
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determine whether the requisite number of valid signatures has
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been obtained. The recall committee must pay in advance to the
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supervisor of elections the actual cost of such signature
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verification. If the community development district lies in more
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than one county, the clerk shall submit the recall referendum
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petition to the supervisor of elections in each county in which
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the district is located. In such event, the supervisor of
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elections of each county shall make a determination as to
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whether the requisite number of verified and valid signatures
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has been submitted for their respective jurisdictions, and upon
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receipt of such determinations, the supervisor of elections of
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the county in which the clerk is located shall be responsible
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for providing the reporting required by paragraph (g).
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2. The recall referendum petition and its accompanying
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documents provided to the clerk shall, upon request, be made
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available in alternative formats by the recall committee as
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requested by the clerk.
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(g) Reporting.—
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1. If the supervisor of elections determines that the
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recall referendum petition does not contain the requisite number
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of verified and valid signatures, the recall vote proceedings
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are terminated and the clerk must provide written notice of such
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insufficiency determination and termination of recall vote
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proceedings to the registered agent of the district, the board
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member subject to recall, and the recall committee without
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taking further action. Any recall referendum petition deemed
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insufficient may not be used in any other proceeding.
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2. If the supervisor of elections determines that the
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recall referendum petition has the requisite number of verified
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and valid signatures, the clerk shall provide written notice, by
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certified mail, to the district's registered agent, the board
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member sought to be recalled, and the recall committee of the
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recall referendum petition sufficiency determination and the
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date, time, and location of the recall referendum.
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3. Within 7 days of a qualified elector notifying the
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clerk to remove his or her name from the recall referendum
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petition, the clerk shall recalculate the current percentage of
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verified and valid signatures. In the event that the number of
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current verified and valid signatures falls below the threshold
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required by paragraph (b), the clerk shall send written notice
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of such insufficiency determination and termination of recall
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proceedings to the district's registered agent, the board member
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subject to recall, and the recall committee without taking
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further action.
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(7) RECALL REFERENDUM.—
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(a) Upon its confirmation that the recall referendum
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petition has the requisite number of verified and valid
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signatures, the supervisor of elections shall fix a day for
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holding the recall referendum. The supervisor of elections shall
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administer such referendum in accordance with s. 190.006(3)(d).
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The recall committee must pay in advance to the supervisor of
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elections the actual cost of holding the recall referendum.
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(b) Any recall election must be held not less than 30 days
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or more than 90 days after the certification, and at the same
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time as any other general or special election held within such
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period; but if no such election is to be held within that
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period, the referendum must be conducted at a special election
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to be held within the period aforesaid.
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(c) Notice of the recall referendum shall be published by
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the district in a newspaper of general circulation in the area
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of the district at least 14 days in advance of such referendum.
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Notice of the recall referendum shall also be mailed to each
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qualified elector at his or her last known address at least 14
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days in advance of such referendum. The board shall use and rely
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upon the official records maintained by the supervisor of
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elections and property appraiser or tax collector in each county
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in determining such addresses. The notices shall contain the
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date, time, and location of the referendum and shall include a
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statement that the Record of Recall Proceedings is available for
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review on the district's website. The recall committee must pay
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in advance to the district the actual cost of the recall
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referendum notices.
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(d) The ballots at the recall referendum must conform to
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the following: With respect to each person whose removal is
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sought, the question must be submitted: "Shall (name of person)
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be removed as a member of the board of supervisors of (name of
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community development district) by recall?" Immediately
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following each question there must be printed on the ballots the
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two propositions in the following order:
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"...(name of person)... should be removed from office."
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"...(name of person)... should not be removed from office."
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(e) A recall referendum authorized by this section shall
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be canceled by the supervisor of elections if the board member
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subject to the recall submits his or her irrevocable resignation
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in advance of such referendum. The district must promptly
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provide the clerk and the supervisor of elections a copy of any
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such resignation, but no more than 7 days after receipt of same.
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(8) FILLING OF VACANCIES CREATED BY RECALL.—
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(a) If a majority of the qualified electors of the
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district or subdistrict approve the recall of the board member
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in the recall referendum, as determined by the supervisor of
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elections, the board member subject to the recall immediately
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ceases to hold office. The vacancy created by the recall must be
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filled by the board of supervisors pursuant to s. 190.006(4),
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except that, if 3 or more board members are recalled at the same
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referendum, the Governor shall fill the vacancy pursuant to s.
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114.04.
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(b) If a majority of the qualified electors of the
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district or subdistrict do not approve the recall, the recall
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proceedings are terminated.
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(9) RESTRICTIONS ON BOARD APPOINTMENT.—A person who is
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removed by a recall pursuant to this section, or resigns after a
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petition has been filed against him or her, is not eligible to
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be appointed to the district's board of supervisors within a
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period of 2 years after the date of such recall or resignation.
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(10) RETENTION OF PETITION.—The clerk shall preserve all
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papers comprising or connected with a petition for recall for a
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period of 2 years after they are filed.
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(11) OFFENSES RELATING TO RECALL PETITIONS AND RECALL
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REFERENDUM PETITIONS.—A person may not impersonate another,
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purposely write his or her name or residence falsely in the
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signing of any recall petition or recall referendum petition or
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forge any name thereto, or sign any paper with knowledge that he
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or she is not a qualified elector of the district. A person may
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not employ or pay another to accept employment or payment for
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circulating or witnessing a recall petition or recall referendum
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petition. A person who violates this section commits a
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misdemeanor of the second degree, punishable as provided in s.
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775.082 or s. 775.083.
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Section 4. Paragraph (e) is added to subsection (3) of
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section 190.006, Florida Statutes, to read:
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190.006 Board of supervisors; members and meetings.—
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(3)
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(e) Any board member elected to the board of supervisors
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by the qualified electors of the district pursuant to this
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subsection is subject to the recall procedures provided for in
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s. 190.0071.
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Section 5. This act shall take effect July 1, 2026.