Community Development Districts

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A bill to be entitled 1
An act relating to community development districts; 2
amending s. 125.572, F.S.; providing that specified 3
provisions regarding synthetic turf do not apply to 4
community development districts enforcing deed 5
restrictions; amending s. 190.003, F.S.; revising the 6
definition of the term "compact, urban, mixed-use 7
district"; creating s. 190.0071, F.S.; providing 8
definitions; authorizing the removal of certain 9
members of the board of supervisors of a community 10
development district by recall; providing requirements 11
for the recall procedure; providing the grounds for 12
removal of elected members; providing requirements for 13
a recall petition; providing that the recall committee 14
and the member to be recalled are subject to specified 15
campaign financing requirements; providing 16
requirements for certain petitions and signatures; 17
providing requirements for filing signed petitions; 18
prohibiting the petition from being amended after it 19
is filed except in specified circumstances; requiring 20
the clerk to make certain notifications within a 21
specified timeframe; providing requirements for the 22
verification of signatures on a certain petition; 23
requiring the committee to pay in advance for such 24
verification; providing requirements for supervisors 25

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of elections when verifying signatures; requiring the 26
clerk to take specified actions if certain 27
determinations are made about the number of 28
signatures; authorizing an elector to remove his or 29
her name from certain petitions in a specified manner; 30
requiring the clerk to take certain actions in 31
response to such removal; providing requirements for a 32
Record of Recall Proceedings; providing requirements 33
for a recall referendum; requiring ballots at such 34
referendum meet certain specifications; authorizing a 35
recall referendum be canceled in certain 36
circumstances; requiring vacancies created by recall 37
to be filled in a specified manner; prohibiting 38
specified persons from being eligible for appointment 39
to the board of supervisors for a certain time period; 40
prohibiting certain actions related to the specified 41
petitions; providing penalties; amending s. 190.006, 42
F.S.; providing that certain board members of 43
community development districts are subject to 44
specified election recall provisions; providing an 45
effective date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Subsection (3) of section 125.572, Florida 50

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Statutes, is amended to read: 51
125.572 Regulation of synthetic turf.— 52
(3)(a) Upon the Department of Environmental Protection 53
adopting rules pursuant to subsection (4), a local government 54
may not: 55
1.(a) Adopt or enforce any ordinance, resolution, order, 56
rule, or policy that prohibits, or is enforced to prohibit, a 57
property owner from installing synthetic turf that complies with 58
Department of Environmental Protection standards adopted 59
pursuant to this section which apply to single-family 60
residential property. 61
2.(b) Adopt or enforce any ordinance, resolution, order, 62
rule, or policy that regulates synthetic turf which is 63
inconsistent with the Department of Environmental Protection 64
standards adopted pursuant to this section which apply to 65
single-family residential property. 66
(b) This subsection does not apply to the adoption or 67
enforcement of any resolution, order, rule, or policy by a 68
community development district to enforce deed restrictions. 69
Section 2. Subsection (7) of section 190.003, Florida 70
Statutes, is amended to read: 71
190.003 Definitions.—As used in this chapter, the term: 72
(7) "Compact, urban, mixed-use district" means a district 73
consisting of a maximum of 75 acres which is located within a 74
municipality, and within either a qualified opportunity zone 75

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designated by the United States Department of the Treasury 76
pursuant to 26 U.S.C. s. 1400Z-1 or a community redevelopment 77
area created pursuant to s. 163.356, which district that 78
consists of a maximum of 75 acres, and has development 79
entitlements of: 80
(a) At least 400,000 square feet of retail development and 81
500 residential units; or 82
(b) At least 250,000 square feet of commercial development 83
and 500 residential rental units that are affordable for very-84
low-income, low-income, or moderate-income persons, as defined 85
in s. 420.0004, s. 420.602, or s. 420.9071. 86
Section 3. Section 190.0071, Florida Statutes, is created 87
to read: 88
190.0071 Community development district recall.— 89
(1) DEFINITIONS.—As used in this section, the term: 90
(a) "Clerk," as the context requires, means: 91
1. If the community development district was established 92
by ordinance of a local general-purpose government pursuant to 93
s. 190.005(2), the clerk of such local general-purpose 94
government. 95
2. If the community development district was established 96
by rule of the Florida Land and Water Adjudicatory Commission 97
pursuant to s. 190.005(1), the clerk of the circuit court of the 98
county that contains a majority of the qualified electors of the 99
district. 100

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(b) "Subdistrict" means the area or region previously 101
contained in a community development district that has been 102
merged with one or more other community development districts to 103
form a surviving merged district pursuant to s. 190.046. 104
(2) APPLICATION.—Any member of the board of supervisors of 105
a community development district who is elected to the board by 106
the qualified electors of the community development district, 107
and who has served at least one-fourth of his or her term of 108
office, may be removed from office by the qualified electors of 109
the district. If the member represents a subdistrict and is 110
elected only by electors residing in that subdistrict, only 111
electors residing in that subdistrict are eligible to sign the 112
petition to recall that member and are entitled to vote in the 113
recall election. If the member is elected at large by the 114
electors of the district, all electors of the district are 115
eligible to sign the petition to recall that member and are 116
entitled to vote in the recall election. Members may be removed 117
from office pursuant to the procedures provided in this section. 118
(3) GROUNDS FOR RECALL.—The grounds for removal of members 119
of the board of supervisors of a district elected by qualified 120
electors are, for the purposes of this act, limited to the 121
following reasons and must be contained in the recall petition: 122
(a) Malfeasance; 123
(b) Misfeasance; 124
(c) Neglect of duty; 125

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(d) Drunkenness; 126
(e) Incompetence; 127
(f) Permanent inability to perform official duties; or 128
(g) Conviction of a felony involving moral turpitude. 129
(4) RECALL PETITION.— 130
(a) Petition content.—A recall petition must contain the 131
name of the board member sought to be recalled and a statement 132
of grounds for recall, which are limited solely to those 133
specified in subsection (3). If more than one member of the 134
board of supervisors is sought to be recalled, regardless of 135
whether such member is elected by the electors of a district or 136
by the electors of a subdistrict, a separate recall petition 137
must be prepared for each board member sought to be recalled. 138
(b) Requisite signatures.—The petition must be signed by 139
at least 10 percent of the total number of registered electors 140
of the district or of a subdistrict. 141
(c) Recall committee.—The qualified electors of the 142
district making charges contained in the statement of grounds 143
for recall, as well as those signing the recall petition, must 144
be designated as the recall committee. A specific person must be 145
designated in the petition as chair of the committee, and this 146
person shall act on behalf of the committee and be personally 147
responsible for the payment of the costs of the committee as set 148
forth in this section. The recall committee and the board member 149
being recalled are subject to chapter 106. 150

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(d) Signature process.—Only electors of the district or 151
subdistrict, as applicable, are eligible to sign the recall 152
petition. Each petition must contain appropriate lines for each 153
elector's original signature which signature shall be made in 154
ink or indelible pencil; printed name; street address; city; 155
county; voter registration number or date of birth; Florida 156
driver license number, Florida identification card number issued 157
pursuant to s. 322.051, or the last four digits of the elector's 158
social security number; and the date signed. 159
(e) Filing of signed petitions.—The recall petition and 160
its accompanying signature pages must be filed by the chair of 161
the recall committee no later than 35 days after the date on 162
which the first signature is obtained on the recall petition. 163
The petition may not be amended after it is filed with the 164
clerk, except as provided in subparagraph (h)3. 165
(f) Notification.—The clerk shall provide written notice, 166
by certified mail, to the district's registered agent and the 167
board member subject to recall that a recall petition has been 168
filed, and provide a copy of such petition, within 7 days of 169
receipt of the recall petition. 170
(g) Verification of signatures.— 171
1. No more than 60 days after the date on which the recall 172
petition is filed, the clerk shall submit the recall petition to 173
the supervisor of elections, who shall promptly verify the 174
signatures in accordance with s. 99.097 and determine whether 175

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the requisite number of valid signatures has been obtained. The 176
recall committee must pay in advance to the supervisor of 177
elections the actual cost of such signature verification. If the 178
community development district lies in more than one county, the 179
clerk shall submit the recall petition to the supervisor of 180
elections in each county in which the district is located. In 181
such event, the supervisor of elections of each county shall 182
make a determination as to whether the requisite number of 183
verified and valid signatures has been submitted for their 184
respective jurisdictions, and upon receipt of such 185
determinations, the supervisor of elections of the county in 186
which the clerk is located shall be responsible for providing 187
the reporting required by paragraph (h). 188
2. The petition and its accompanying documents provided to 189
the clerk shall, upon request, be made available in alternative 190
formats by the recall committee as requested by the clerk. 191
(h) Reporting.— 192
1. If the supervisor of elections determines that the 193
recall petition does not contain the requisite number of 194
verified and valid signatures, the recall proceedings are 195
terminated and the clerk must provide written notice of such 196
insufficiency determination and termination of recall 197
proceedings to the district's registered agent, the board member 198
subject to recall, and the recall committee without taking 199
further action. Any recall petition deemed insufficient may not 200

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be used in any other proceeding. 201
2. If the supervisor of elections determines that the 202
petition has the requisite number of verified and valid 203
signatures, the clerk shall provide written notice, by certified 204
mail, to the district's registered agent and the recall 205
committee of the recall petition sufficiency determination, and 206
shall serve upon the board member sought to be recalled, by 207
certified mail, notice of such certification and a request that 208
the board member submit a rebuttal statement to the clerk within 209
30 days of receipt of the request. 210
3. A qualified elector may have his or her name removed 211
from the recall petition by submitting a signed request in 212
writing to the clerk stating such. Within 7 days of a qualified 213
elector notifying the clerk to remove his or her name from the 214
recall petition, the clerk shall recalculate the current 215
percentage of verified and valid signatures. In the event the 216
clerk determines that the number of current verified and valid 217
signatures falls below the threshold required by paragraph (b), 218
the clerk shall send written notice of such insufficiency 219
determination and termination of recall proceedings to the 220
district's registered agent, the board member subject to recall, 221
and the recall committee without taking further action. 222
(5) RECORD OF RECALL PROCEEDINGS.—If the supervisor of 223
elections determines that a recall petition has the requisite 224
number of verified and valid signatures, and within 30 days 225

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after the date of receipt of the rebuttal statement or after the 226
last date a rebuttal statement could have been filed, the clerk 227
shall prepare a document entitled "Record of Recall 228
Proceedings." The Record of Recall Proceedings shall consist of 229
the recall petition, the determination of the supervisor of 230
elections regarding the amount of verified and valid signatures, 231
and the rebuttal statement, if provided, or, if no rebuttal 232
statement was received, an indication that none was received. 233
The Record of Recall Proceedings shall be sent by certified mail 234
to the district's registered agent, the board member subject to 235
recall, and the chair of the recall committee. The district 236
shall post the Record of Recall Proceedings on its website 237
within 14 days of receipt. 238
(6) RECALL REFERENDUM PETITION.- 239
(a) Petition content.—Upon the receipt of the Record of 240
Recall Proceedings, the recall committee may circulate a 241
petition on whether a referendum to recall the board member 242
should be held. A recall referendum petition must contain the 243
name of the person sought to be recalled and a copy of the 244
Record of Recall Proceedings. 245
(b) Requisite signatures.—The signed recall referendum 246
must be signed by at least 15 percent of the electors. 247
(c) Signature process.—All qualified electors of the 248
district are eligible to sign the recall referendum petition. 249
Each recall referendum petition must contain appropriate lines 250

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for each qualified elector's original signature which signature 251
shall be made in ink or indelible pencil; printed name; street 252
address; city; county; voter registration number or date of 253
birth; Florida driver license number, Florida identification 254
card number issued pursuant to s. 322.051, or the last four 255
digits of the qualified elector's social security number; and 256
the date signed. 257
(d) Filing of signed petitions.-The signed recall 258
referendum petition and its accompanying signature pages shall 259
be filed with the clerk no later than 60 days after the chair of 260
the recall committee's receipt of the Record of Recall 261
Proceedings. 262
(e) Notification.—The clerk shall provide written notice, 263
by certified mail, to the district's registered agent and the 264
board member subject to recall that a recall referendum petition 265
has been filed, and provide a copy of such petition, within 7 266
days of receipt of the recall referendum petition. 267
(f) Verification of signatures.— 268
1. No more than 30 days after the date on which the recall 269
referendum petition is filed, the clerk shall submit the recall 270
referendum petition to the supervisor of elections, who shall 271
promptly verify the signatures in accordance with s. 99.097 and 272
determine whether the requisite number of valid signatures has 273
been obtained. The recall committee must pay in advance to the 274
supervisor of elections the actual cost of such signature 275

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verification. If the community development district lies in more 276
than one county, the clerk shall submit the recall referendum 277
petition to the supervisor of elections in each county in which 278
the district is located. In such event, the supervisor of 279
elections of each county shall make a determination as to 280
whether the requisite number of verified and valid signatures 281
has been submitted for their respective jurisdictions, and upon 282
receipt of such determinations, the supervisor of elections of 283
the county in which the clerk is located shall be responsible 284
for providing the reporting required by paragraph (g). 285
2. The recall referendum petition and its accompanying 286
documents provided to the clerk shall, upon request, be made 287
available in alternative formats by the recall committee as 288
requested by the clerk. 289
(g) Reporting.— 290
1. If the supervisor of elections determines that the 291
recall referendum petition does not contain the requisite number 292
of verified and valid signatures, the recall vote proceedings 293
are terminated and the clerk must provide written notice of such 294
insufficiency determination and termination of recall vote 295
proceedings to the registered agent of the district, the board 296
member subject to recall, and the recall committee without 297
taking further action. Any recall referendum petition deemed 298
insufficient may not be used in any other proceeding. 299
2. If the supervisor of elections determines that the 300

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recall referendum petition has the requisite number of verified 301
and valid signatures, the clerk shall provide written notice, by 302
certified mail, to the district's registered agent, the board 303
member sought to be recalled, and the recall committee of the 304
recall referendum petition sufficiency determination and the 305
date, time, and location of the recall referendum. 306
3. Within 7 days of a qualified elector notifying the 307
clerk to remove his or her name from the recall referendum 308
petition, the clerk shall recalculate the current percentage of 309
verified and valid signatures. In the event that the number of 310
current verified and valid signatures falls below the threshold 311
required by paragraph (b), the clerk shall send written notice 312
of such insufficiency determination and termination of recall 313
proceedings to the district's registered agent, the board member 314
subject to recall, and the recall committee without taking 315
further action. 316
(7) RECALL REFERENDUM.— 317
(a) Upon its confirmation that the recall referendum 318
petition has the requisite number of verified and valid 319
signatures, the supervisor of elections shall fix a day for 320
holding the recall referendum. The supervisor of elections shall 321
administer such referendum in accordance with s. 190.006(3)(d). 322
The recall committee must pay in advance to the supervisor of 323
elections the actual cost of holding the recall referendum. 324
(b) Any recall election must be held not less than 30 days 325

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or more than 90 days after the certification, and at the same 326
time as any other general or special election held within such 327
period; but if no such election is to be held within that 328
period, the referendum must be conducted at a special election 329
to be held within the period aforesaid. 330
(c) Notice of the recall referendum shall be published by 331
the district in a newspaper of general circulation in the area 332
of the district at least 14 days in advance of such referendum. 333
Notice of the recall referendum shall also be mailed to each 334
qualified elector at his or her last known address at least 14 335
days in advance of such referendum. The board shall use and rely 336
upon the official records maintained by the supervisor of 337
elections and property appraiser or tax collector in each county 338
in determining such addresses. The notices shall contain the 339
date, time, and location of the referendum and shall include a 340
statement that the Record of Recall Proceedings is available for 341
review on the district's website. The recall committee must pay 342
in advance to the district the actual cost of the recall 343
referendum notices. 344
(d) The ballots at the recall referendum must conform to 345
the following: With respect to each person whose removal is 346
sought, the question must be submitted: "Shall (name of person) 347
be removed as a member of the board of supervisors of (name of 348
community development district) by recall?" Immediately 349
following each question there must be printed on the ballots the 350

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two propositions in the following order: 351
"...(name of person)... should be removed from office." 352
"...(name of person)... should not be removed from office." 353
(e) A recall referendum authorized by this section shall 354
be canceled by the supervisor of elections if the board member 355
subject to the recall submits his or her irrevocable resignation 356
in advance of such referendum. The district must promptly 357
provide the clerk and the supervisor of elections a copy of any 358
such resignation, but no more than 7 days after receipt of same. 359
(8) FILLING OF VACANCIES CREATED BY RECALL.— 360
(a) If a majority of the qualified electors of the 361
district or subdistrict approve the recall of the board member 362
in the recall referendum, as determined by the supervisor of 363
elections, the board member subject to the recall immediately 364
ceases to hold office. The vacancy created by the recall must be 365
filled by the board of supervisors pursuant to s. 190.006(4), 366
except that, if 3 or more board members are recalled at the same 367
referendum, the Governor shall fill the vacancy pursuant to s. 368
114.04. 369
(b) If a majority of the qualified electors of the 370
district or subdistrict do not approve the recall, the recall 371
proceedings are terminated. 372
(9) RESTRICTIONS ON BOARD APPOINTMENT.—A person who is 373
removed by a recall pursuant to this section, or resigns after a 374
petition has been filed against him or her, is not eligible to 375

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be appointed to the district's board of supervisors within a 376
period of 2 years after the date of such recall or resignation. 377
(10) RETENTION OF PETITION.—The clerk shall preserve all 378
papers comprising or connected with a petition for recall for a 379
period of 2 years after they are filed. 380
(11) OFFENSES RELATING TO RECALL PETITIONS AND RECALL 381
REFERENDUM PETITIONS.—A person may not impersonate another, 382
purposely write his or her name or residence falsely in the 383
signing of any recall petition or recall referendum petition or 384
forge any name thereto, or sign any paper with knowledge that he 385
or she is not a qualified elector of the district. A person may 386
not employ or pay another to accept employment or payment for 387
circulating or witnessing a recall petition or recall referendum 388
petition. A person who violates this section commits a 389
misdemeanor of the second degree, punishable as provided in s. 390
775.082 or s. 775.083. 391
Section 4. Paragraph (e) is added to subsection (3) of 392
section 190.006, Florida Statutes, to read: 393
190.006 Board of supervisors; members and meetings.— 394
(3) 395
(e) Any board member elected to the board of supervisors 396
by the qualified electors of the district pursuant to this 397
subsection is subject to the recall procedures provided for in 398
s. 190.0071. 399
Section 5. This act shall take effect July 1, 2026. 400