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ENROLLED
2026
Legislature
CS for CS for SB 1180
20261180er
1
2 An act relating to community development districts;
3 amending s. 125.572, F.S.; providing that specified
4 provisions regarding synthetic turf do not apply to
5 community development districts enforcing deed
6 restrictions; amending s. 190.003, F.S.; revising the
7 definition of the term “compact, urban, mixed-use
8 district”; creating s. 190.0071, F.S.; defining terms;
9 authorizing the removal of certain members of the
10 board of supervisors of a community development
11 district by recall; specifying requirements for the
12 recall procedure; specifying the grounds for recall of
13 elected members; providing for the designation of a
14 recall committee and committee chair; specifying
15 requirements for a recall petition; providing that the
16 recall committee and the member sought to be recalled
17 are subject to specified campaign financing
18 requirements; specifying requirements for certain
19 petitions and signatures; specifying requirements for
20 filing signed petitions; prohibiting the petition from
21 being amended after it is filed; providing an
22 exception; requiring the clerk to make certain
23 notifications within a specified timeframe; specifying
24 requirements for the verification of signatures on a
25 certain petition; requiring the committee to pay in
26 advance to the supervisor of elections the actual cost
27 of such verification; providing requirements for
28 supervisors of elections when verifying signatures;
29 requiring the clerk to take specified actions if the
30 supervisor makes certain determinations regarding the
31 number of signatures; providing that a recall petition
32 deemed insufficient may not be used in another
33 proceeding; authorizing an elector to request that his
34 or her name be removed from certain petitions in a
35 specified manner; requiring the clerk to take certain
36 actions in response to such request for removal;
37 specifying requirements for a Record of Recall
38 Proceedings; specifying requirements for a recall
39 referendum; requiring that ballots at such referendum
40 meet certain specifications; requiring that a recall
41 referendum be canceled in certain circumstances;
42 specifying that certain resignations are irrevocable;
43 requiring that the district promptly provide a certain
44 copy to the clerk and the supervisor within a
45 specified timeframe; providing that a board member
46 subject to recall immediately ceases to hold office if
47 a majority of qualified electors approves the recall;
48 requiring that vacancies created by recall be filled
49 in a specified manner; providing that recall
50 proceedings are terminated if a majority of qualified
51 electors does not approve the recall; prohibiting
52 certain persons from being eligible for appointment to
53 the board of supervisors for a specified timeframe;
54 requiring the clerk to preserve certain papers for a
55 specified timeframe; prohibiting certain actions
56 related to the specified petitions; providing
57 penalties; amending s. 190.006, F.S.; providing that
58 certain board members of community development
59 districts are subject to specified election recall
60 provisions; providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Subsection (3) of section 125.572, Florida
65 Statutes, is amended to read:
66 125.572 Regulation of synthetic turf.—
67 (3)
(a)
Upon the Department of Environmental Protection
68 adopting rules pursuant to subsection (4), a local government
69 may not:
70
1.
(a)
Adopt or enforce any ordinance, resolution, order,
71 rule, or policy that prohibits, or is enforced to prohibit, a
72 property owner from installing synthetic turf that complies with
73 Department of Environmental Protection standards adopted
74 pursuant to this section which apply to single-family
75 residential property.
76
2.
(b)
Adopt or enforce any ordinance, resolution, order,
77 rule, or policy that regulates synthetic turf which is
78 inconsistent with the Department of Environmental Protection
79 standards adopted pursuant to this section which apply to
80 single-family residential property.
81
(b)
This subsection does not apply to the adoption or
82
enforcement of any resolution, order, rule, or policy by a
83
community development district to enforce deed restrictions.
84 Section 2. Subsection (7) of section 190.003, Florida
85 Statutes, is amended to read:
86 190.003 Definitions.—As used in this chapter, the term:
87 (7) “Compact, urban, mixed-use district” means a district
88
consisting of a maximum of 75 acres which is
located within a
89 municipality
,
and within
either a qualified opportunity zone
90
designated by the United States Department of the Treasury
91
pursuant to 26 U.S.C. s. 1400Z-1 or
a community redevelopment
92 area created pursuant to s. 163.356,
which district
that
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consists of a maximum of 75 acres, and
has development
94 entitlements of
:
95
(a)
At least 400,000 square feet of retail development and
96 500 residential units
; or
97
(b)
At least 250,000 square feet of commercial development
98
and 500 residential rental units that are affordable for very
99
low-income, low-income, or moderate-income persons, as defined
100
in s. 420.0004, s. 420.602, or s. 420.9071
.
101 Section 3. Section 190.0071, Florida Statutes, is created
102 to read:
103
190.0071
Community development district recall.—
104
(1)
DEFINITIONS.—As used in this section, the term:
105
(a)
“Clerk,” as the context requires, means:
106
1.
If the community development district was established by
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ordinance of a local general-purpose government pursuant to s.
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190.005(2), the clerk of such local general-purpose government.
109
2.
If the community development district was established by
110
rule of the Florida Land and Water Adjudicatory Commission
111
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.
114
(b)
“Subdistrict” means the area or region previously
115
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.
118
(2)
APPLICATION.—Any member of the board of supervisors of
119
a community development district who is elected to the board by
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the qualified electors of the community development district may
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be removed from office by the qualified electors of the
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district. To be subject to recall, the member must have served
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at least one-fourth of his or her term of office at the time a
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petition is filed as provided in subsection (4). If the member
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represents a subdistrict and is elected only by electors
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residing in that subdistrict, only electors residing in that
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subdistrict are eligible to sign the petition to recall that
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member and are entitled to vote in the recall election. If the
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member is elected at large by the electors of the district, all
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electors of the district are eligible to sign the petition to
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recall that member and are entitled to vote in the recall
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election. Members may be removed from office pursuant to the
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procedures provided in this section.
134
(3)
GROUNDS FOR RECALL.—The grounds for removal of members
135
of the board of supervisors of a district elected by qualified
136
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;
139
(b)
Misfeasance;
140
(c)
Neglect of duty;
141
(d)
Drunkenness;
142
(e)
Incompetence;
143
(f)
Permanent inability to perform official duties; or
144
(g)
Conviction of a felony involving moral turpitude.
145
(4)
RECALL PETITION.—
146
(a)
Petition content
.—A recall petition must contain the
147
name of the board member sought to be recalled and a statement
148
of grounds for recall, which are limited solely to those
149
specified in subsection (3). If more than one member of the
150
board of supervisors is sought to be recalled, regardless of
151
whether such member is elected by the electors of a district or
152
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.
154
(b)
Requisite signatures
.—The petition must be signed by at
155
least 10 percent of the total number of registered electors of
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the district or of a subdistrict.
157
(c)
Recall committee
.—The qualified electors of the
158
district making charges contained in the statement of grounds
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for recall, as well as those signing the recall petition, must
160
be designated as the recall committee. A specific person must be
161
designated in the petition as chair of the committee, and such
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person shall act on behalf of the committee. The recall
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committee and the board member being recalled are subject to
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chapter 106.
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(d)
Signature process
.—Only electors of the district or
166
subdistrict, as applicable, are eligible to sign the recall
167
petition. Each petition must contain appropriate lines for each
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elector’s original signature, which signature must 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.
174
(e)
Filing of signed petitions
.—The recall petition and its
175
accompanying signature pages must be filed by the chair of the
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recall committee no later than 35 days after the date on which
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the first signature is obtained on the recall petition. The
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petition may not be amended after it is filed with the clerk,
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except as provided in subparagraph (h)3.
180
(f)
Notification
.—The clerk shall provide written notice,
181
by certified mail, to both the district’s registered agent and
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the board member subject to recall that a recall petition has
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been filed, and provide a copy of such petition, within 7 days
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of receipt of the recall petition.
185
(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
189
signatures in accordance with s. 99.097 and determine whether
190
the requisite number of valid signatures has been obtained. The
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recall committee must pay in advance to the supervisor of
192
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 must 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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determine the number of verified and valid signatures that have
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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 (h).
202
2.
The petition and its accompanying documents provided to
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the clerk must, 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
211
proceedings to the district’s registered agent, the board member
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subject to recall, and the recall committee without taking
213
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
216
petition has the requisite number of verified and valid
217
signatures, the clerk must provide written notice, by certified
218
mail, to the district’s registered agent and the recall
219
committee of the recall petition sufficiency determination, and
220
shall serve upon the board member sought to be recalled, by
221
certified mail, notice of such certification and a request that
222
the board member submit a rebuttal statement to the clerk within
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30 days after receipt of the request.
224
3.
A qualified elector may have his or her name removed
225
from the recall petition by submitting a signed request in
226
writing to the clerk stating such intention. Such request must
227
be made no later than 30 days after the date the elector signed
228
the petition. Within 7 days after a qualified elector notifying
229
the clerk to remove his or her name from the recall petition,
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the clerk shall recalculate the current percentage of verified
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and valid signatures. If the clerk determines that the number of
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current verified and valid signatures falls below the threshold
233
required by paragraph (b), the clerk must send written notice of
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such insufficiency determination and termination of recall
235
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.
238
(5)
RECORD OF RECALL PROCEEDINGS.—If the supervisor of
239
elections determines that a recall petition has the requisite
240
number of verified and valid signatures, and within 30 days
241
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
243
must prepare a document entitled “Record of Recall Proceedings.”
244
The Record of Recall Proceedings must include the recall
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petition, the determination of the supervisor of elections
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regarding the amount of verified and valid signatures, and the
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rebuttal statement, if provided, or, if no rebuttal statement
248
was received, an indication that none was received. The Record
249
of Recall Proceedings must be sent by certified mail to the
250
district’s registered agent, the board member subject to recall,
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and the chair of the recall committee. The district shall post
252
the Record of Recall Proceedings on its website within 14 days
253
after receipt.
254
(6)
RECALL REFERENDUM PETITION.—
255
(a)
Petition content
.—Upon the receipt of the Record of
256
Recall Proceedings, the recall committee may circulate a
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petition on whether a referendum to recall the board member
258
should be held. A recall referendum petition must contain the
259
name of the person sought to be recalled and a copy of the
260
Record of Recall Proceedings.
261
(b)
Requisite signatures
.—The signed recall referendum must
262
be signed by at least 15 percent of the electors.
263
(c)
Signature process
.—All qualified electors of the
264
district are eligible to sign the recall referendum petition.
265
Each recall referendum petition must contain appropriate lines
266
for each qualified elector’s original signature, which signature
267
shall be made in ink or indelible pencil; printed name; street
268
address; city; county; voter registration number or date of
269
birth; Florida driver license number, Florida identification
270
card number issued pursuant to s. 322.051, or the last four
271
digits of the qualified elector’s social security number; and
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the date signed.
273
(d)
Filing of signed petitions
.—The signed recall
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referendum petition and its accompanying signature pages must be
275
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
277
Proceedings.
278
(e)
Notification
.—The clerk shall provide written notice,
279
by certified mail, to both the district’s registered agent and
280
the board member subject to recall that a recall referendum
281
petition has been filed, and provide a copy of such petition,
282
within 7 days after receipt of the recall referendum petition.
283
(f)
Verification of signatures
.—
284
1.
No more than 30 days after the date on which the recall
285
referendum petition is filed, the clerk shall submit the recall
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referendum petition to the supervisor of elections, who shall
287
promptly verify the signatures in accordance with s. 99.097 and
288
determine whether the requisite number of valid signatures has
289
been obtained. The recall committee must pay in advance to the
290
supervisor of elections the actual cost of such signature
291
verification. If the community development district lies in more
292
than one county, the clerk must submit the recall referendum
293
petition to the supervisor of elections in each county in which
294
the district is located. In such event, the supervisor of
295
elections of each county shall determine the number of verified
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and valid signatures that have been submitted for his or her
297
respective jurisdiction, and upon receipt of such
298
determinations, the supervisor of elections of the county in
299
which the clerk is located shall be responsible for providing
300
the reporting required by paragraph (g).
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2.
The recall referendum petition and its accompanying
302
documents provided to the clerk must, upon request, be made
303
available in alternative formats by the recall committee as
304
requested by the clerk.
305
(g)
Reporting
.—
306
1.
If the supervisor of elections determines that the
307
recall referendum petition does not contain the requisite number
308
of verified and valid signatures, the recall vote proceedings
309
are terminated and the clerk must provide written notice of such
310
insufficiency determination and termination of recall vote
311
proceedings to the registered agent of the district, the board
312
member subject to recall, and the recall committee without
313
taking further action. Any recall referendum petition deemed
314
insufficient may not be used in any other proceeding.
315
2.
If the supervisor of elections determines that the
316
recall referendum petition has the requisite number of verified
317
and valid signatures, the clerk must provide written notice, by
318
certified mail, to the district’s registered agent, the board
319
member sought to be recalled, and the recall committee of the
320
recall referendum petition sufficiency determination and the
321
date, time, and location of the recall referendum.
322
3.
A qualified elector may have his or her name removed
323
from the recall referendum petition by submitting a signed
324
written request to the clerk stating such intention. Such
325
request must be made no later than 30 days after the date the
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elector signed the petition. Within 7 days after a qualified
327
elector notifying the clerk to remove his or her name from the
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recall referendum petition, the clerk shall recalculate the
329
current percentage of verified and valid signatures. If the
330
number of current verified and valid signatures falls below the
331
threshold required by paragraph (b), the clerk must send written
332
notice of such insufficiency determination and termination of
333
recall proceedings to the district’s registered agent, the board
334
member subject to recall, and the recall committee without
335
taking further action.
336
(7)
RECALL REFERENDUM.—
337
(a)
Upon its confirmation that the recall referendum
338
petition has the requisite number of verified and valid
339
signatures, the supervisor of elections shall fix a day for
340
holding the recall referendum. The supervisor of elections shall
341
administer such referendum in accordance with s. 190.006(3)(d).
342
The recall committee must pay in advance to the supervisor of
343
elections the actual cost of holding the recall referendum.
344
(b)
Any recall election must be held not less than 30 days
345
or more than 90 days after the certification, and at the same
346
time as any other general or special election held within such
347
period; but if no such election is to be held within that
348
period, the referendum must be conducted at a special election
349
to be held within the period aforesaid.
350
(c)
Notice of the recall referendum shall be published by
351
the district in a newspaper of general circulation in the area
352
of the district at least 14 days in advance of such referendum.
353
Notice of the recall referendum shall also be mailed to each
354
qualified elector at his or her last known address at least 14
355
days in advance of such referendum. The board shall use and rely
356
upon the official records maintained by the supervisor of
357
elections and property appraiser or tax collector in each county
358
in determining such addresses. The notices shall contain the
359
date, time, and location of the referendum and shall include a
360
statement that the Record of Recall Proceedings is available for
361
review on the district’s website. The recall committee must pay
362
in advance to the district the actual cost of the recall
363
referendum notices.
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(d)
The ballots at the recall referendum must conform to
365
the following: With respect to each person whose removal is
366
sought, the question must be submitted: “Shall
(name of person)
367
be removed as a member of the board of supervisors of (name of
368
community development district) by recall?” Immediately
369
following each question there must be printed on the ballots the
370
two propositions in the following order:
371
“
...(name of person)...
should be removed from office.”
372
“
...(name of person)...
should not be removed from office.”
373
(e)
A recall referendum authorized by this section must be
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canceled by the supervisor of elections if the board member
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subject to the recall submits his or her resignation, which is
376
irrevocable, within 20 days after notice is sent via certified
377
mail pursuant to paragraph (6)(e). The district shall promptly
378
provide the clerk and the supervisor of elections a copy of any
379
such resignation, but no more than 7 days after receipt of such
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resignation.
381
(8)
FILLING OF VACANCIES CREATED BY RECALL.—
382
(a)
If a majority of the qualified electors of the district
383
or subdistrict voting in the recall referendum approves the
384
recall of the board member in the recall referendum, as
385
determined by the supervisor of elections, the board member
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subject to the recall immediately ceases to hold office. The
387
vacancy created by the recall must be filled by the board of
388
supervisors pursuant to s. 190.006(4), except that, if three or
389
more board members are recalled at the same referendum, the
390
Governor must fill the vacancy pursuant to s. 114.04.
391
(b)
If a majority of the qualified electors of the district
392
or subdistrict voting in the recall referendum do not approve
393
the recall, the recall proceedings are terminated.
394
(9)
RESTRICTIONS ON BOARD APPOINTMENT.—A person who is
395
removed by a recall pursuant to this section, or who resigns
396
after a petition has been filed against him or her, is not
397
eligible to be appointed to the district’s board of supervisors
398
within a period of 2 years after the date of such recall or
399
resignation.
400
(10)
RETENTION OF PETITION.—The clerk shall preserve all
401
papers comprising of or connected with a petition for recall for
402
a period of 2 years after such papers are filed.
403
(11)
OFFENSES RELATING TO RECALL PETITIONS AND RECALL
404
REFERENDUM PETITIONS.—A person may not impersonate another,
405
purposely write his or her name or residence falsely in the
406
signing of any recall petition or recall referendum petition or
407
forge any name thereto, or sign any paper with knowledge that he
408
or she is not a qualified elector of the district. A person may
409
not employ or pay another to accept employment or payment for
410
circulating or witnessing a recall petition or recall referendum
411
petition. A person who violates this subsection commits a
412
misdemeanor of the second degree, punishable as provided in s.
413
775.082 or s. 775.083.
414 Section 4. Paragraph (e) is added to subsection (3) of
415 section 190.006, Florida Statutes, to read:
416 190.006 Board of supervisors; members and meetings.—
417 (3)
418
(e)
Any board member elected to the board of supervisors by
419
the qualified electors of the district pursuant to this
420
subsection is subject to the recall procedures provided for in
421
s. 190.0071.
422 Section 5. This act shall take effect July 1, 2026.