We have a problem in this country. Rogue legislators, legislating away the people’s voice, and historical party positions and in so doing destroying their oath of office to protect and defend the Constitution of the United States of America. They are being enticed by billionaire donors, gifting super PACS. As you know they are not listening!
Recently Florida Republican Senate President Bill Galvano accepted a gift of $500,000 from anti-gun liberal Michael Bloomberg what I as well as others believe to be a violation of F.S.838.015
Bribery.—(1)“Bribery” means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be…
Niki Fried elected Jan of 2019 as Florida’s Commissioner of Agriculture and Consumer Services was found to have failed to fully disclose her 2018 income in required documentation, another possible violation of F.S. 112.3144
(1)(a) An officer who is required by s. 8, Art. II of the State Constitution to file a full and public disclosure of his or her financial interests for any calendar or fiscal year, or any other person required by law to file a disclosure under this section, shall file that disclosure with the Florida Commission on Ethics.
Myself, and many of the electorate find these acts to be possibly criminal and a violation of their oath of office as contained under F.S.876.05 I…. a citizen of the State of Florida and of the United States of America, and being employed by or an officer of and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and existing Florida law.
Those to be elected, and those already in public service in the State of Florida need to be reminded of the founding father’s words found in our Declaration of Independence.
Governments are instituted among Men,
deriving their just powers from the consent of the governed.
While in the performance of their duties they need to understand that the citizens of Florida have a route of redress, that they can lose their position of power, and prestige. We must be granted the ability to recall our elected officials and replace them those who value the Constitution of the United States and possess high ethical standards, and wish to represent the majority voice of their prospective district.
I propose the following “The Florida Recall Act” All candidates for office, and state officials, to include officials of subdivisions of the state (counties, municipalities, and school districts) in Florida should be subject to recall, to include the right to recall members of our federal congressional delegation. The afore mentioned individuals can only be recalled for the following;
1.) physical or mental lack of fitness- i.e., If a legislator is absent, or unable to perform his elected duties for 50% of the legislative session for issues other than extenuating circumstances i.e., hospitalization from traumatic injury, immediate family death he or she may be considered for recall.
3.) violation of the oath of office, as contained under 876.05 I a citizen of the State of Florida and of the United States of America, and being employed by or an officer of and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.
4.) official misconduct- as covered under Fl.St.838.022 defined as
(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by:
(a) Falsifying, or causing another person to falsify, any official record or official document;
(b) Concealing, or failing to disclose complete and factual information required by all candidates prior to holding elected office, or seeking reelection, covering up, destroying, mutilating, or altering any official record or official document, except as authorized by law or contract, or causing another person to perform such an act; or
(c) Obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involves or affects the government entity served by the public servant or public contractor.
(2) For the purposes of this section:
(a) The term “public servant” does not include a candidate who does not otherwise qualify as a public servant. The recall act wording shall include candidates for office.
(b) An official record or official document includes only public records.
(3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
conviction of a felony offense.
THE RECALL PROCESS:
Filing a petition with the Florida Secretary of State or the county election administrator and stating the reason for the official being recalled. Once the signatures have been gathered, they are sent to the Florida Secretary of State or the county election administrator for approval. The task of actually approving the signatures is done by the county clerk of each county. Each county clerk has 30 days to approve or disapprove of the signatures.
Number of electors required for recall petition. (1) Recall petitions for elected or appointed state officers must contain the signatures of qualified electors equaling at least 10% of the number of persons registered to vote at the preceding state general election.
(2) A petition for the recall of a state-district officer must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote in the last preceding election in that district. (3) (a) Except as provided in subsection
(3)(b), recall petitions for elected or appointed county officers must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election. (b) If a recall petition is for a county commissioner in a county that is divided into commissioner districts, then the petition: (i) must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election; and (ii) must also contain the signatures from at least 15% of the qualified electors residing in that commissioner’s commission district.
(4) Recall petitions for elected or appointed officers of municipalities or school districts must contain the signatures of qualified electors equaling at least 20% of the number of persons registered to vote at the preceding election for the municipality or school district.
Conduct of Election After the petition signatures have been verified a recall election date is. The election is done on a yes/no ballot. The ballot simply states yes, the official should be recalled and no the official should not be recalled. If the majority of voters vote to recall the official the office is considered vacant and a new election must be held to fill the vacancy. If a vacancy occurs within 85 days of the general election in the second year of the term (terms are for four years), the county board of commissioners appoints a successor to serve until the election.