Florida Recall Act

Introduction:


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.

 

PROPOSAL:

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.

2.) incompetence.

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.

8 comments

  1. Chance A Johnmeyer says:

    Introduction:

    We have a problem in this country: “Rogue legislators,” legislating away the voices of “We the People” and in so doing, VIOLATING their oaths of office “to protect and defend the Constitution of the United States of America.” Legislators in Florida are being enticed by billionaire donors, and massive gifting by super PACs. They are not listening!
    In our country’s infancy, the Founding Fathers penned a reminder for future generations in our Declaration of Independence:
    “Governments are instituted among Men,
    deriving their just powers from the consent of the
    governed.”
    That’s us -You and me.

    “Positions of public trust are dependent upon maintaining that public trust. If by a petition of the people it is established that a significant breach of that public trust is in question, a recall vote will either verify that breach of trust or solidify a vote of confidence. The voice of the people will be expressed in redress of the petitioned grievance or by continued support of the public servant in question.”
    Those to be elected, and those already in public service for the State of Florida need to be reminded of this. While in the performance of their duties, they need to understand that the citizens of Florida have a route of redress, that legislators can lose their positions of power, and prestige. “We must be granted the ability to recall our elected officials and replace them WITH those who value the Constitution of the United States and possess high ethical standards,” and wish to represent the majority voice of their respective districts. We need a provision in our state laws to recall corrupt officials.

    PROPOSAL:
    “The Florida Recall Act”
    Recall of all duly elected officials of the State of Florida to include governor, lieutenant governor, members of the cabinet, legislators, any member of the governing body of a municipality, charter county, school district, or special district (a)Recall is the power of the electors to remove a person from elective office before his or her term expires. The governor, lieutenant governor, members of the cabinet, and legislators may be removed from office by the electors in a recall election. This method of removing persons from elective office is in addition to any other method provided by our state constitution or general law.
    The recall of a public official under this act is initiated by delivering to the Secretary of State a petition containing the name of the person sought to be recalled and the alleged reason for the recall. The sufficiency of the reason is not reviewable. Proponents have 120 days to circulate and file signed petitions, and the Secretary of State shall maintain a continuous count of the signatures certified to that office.

    A petition to recall a public official (governor, lieutenant governor, members of the cabinet) not to include legislators must contain signatures from each of the 67 counties in the state, and the signatures must equal 15 percent of the total votes cast in the last election for the office. All certified citizen electors of the state may sign the petition to recall the official. If the recall petition is successful and a recall election is held, all aforementioned electors in the state may vote in the recall election.
    A petition to recall a legislator must contain signatures equal to 20 percent of the total votes cast in the last election for the office. Only electors of the district the legislator represents may sign the petition to recall the legislator. If the recall petition is successful and a recall election is held, only electors of the district the legislator represents may vote in the recall election. (e) withstanding any other provision of this constitution or law, if the petition to hold a recall election under this section is successful, the election for a successor to the office shall be held simultaneously with the recall election. The election to determine whether to recall a public official under this section and elect a successor shall be called by the Secretary of State and held not less than 60 days nor more than 80 days after the date of certification of the number of sufficient signatures. However, if the next regularly scheduled election is to be held within 100 days after the date of certification of sufficient signatures, the Secretary of State may schedule the recall election on the same date as the regularly scheduled election. The public official who is the subject of the recall may not be a candidate for the office. (f) If the majority vote on the question is to recall the public official, the official shall be removed and the candidate who receives the highest number of votes cast in the election held simultaneously to fill the vacancy in office shall be the successor for the remainder of the term. If the public official who is the subject of the petition is not recalled, he or she shall be reimbursed by the state for any recall election expenses that were personally and legally incurred and a subsequent recall petition may not be initiated against the official during the remainder of his or her term in office. (g) Additional provisions governing recall under this section may be provided by general law.
    A petition to recall any member of the governing body of a municipality, charter county, school district, or special district of all 67 counties would be subject to FS 100.361 as it is currently written.
    “The aforementioned individuals can only be recalled for the following;”

    Violation of Oath of Office……………………………………………… pursuant to F.S.876.05
    Bribery & Undue Influence…………………………………………… pursuant to F.S.838.015
    Inaccurate or Incomplete Financial Disclosure……………… pursuant to Fl. Const Article 2 S 8(b) F.S112.3144,

    THE RECALL PROCESS:
    Once the 120 days have expired, and if the required percentage of petitions have been collected the county clerk of each county will have 30 days to approve or disapprove each petition.

    Conduct of Election After the petition signatures have been verified a recall election date is determined. 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.

  2. Jon Britton says:

    Suggestions:
    Edit – “and in so doing VIOLATE their oath of office to protect and defend the Constitution of the United States of America.”

    Hard Sell – With the Citizens United SCOTUS ruling, you’ll be hard pressed to make bribery stick or address super pac money.

    Edit – “We must be granted the ability to recall our elected officials and replace them WITH those who value the Constitution of the United States and possess high ethical standards.”

    Edit – “The aforementioned (one word) individuals can only be recalled for the following;”

    Edit – “1.) physical or mental lack of fitness…” 50% seems generous, I’d set the standard more like 70-75% after excluding the listed extenuating circumstances.

    Edit – 2.) Incompetence, (needs defining and elaboration. Even if it is incompetence as judged by the voters via recall petition of X number of signatures)

    You don’t necessarily need specific charges for a recall, a loss of public confidence is sufficient. You might want to include some language to the effect of… “Positions of public trust are dependent upon maintaining that public trust. If by a petition of the people it is established that a significant breach of that public trust is in question, a recall vote will either verify that breach of trust or a vote of confidence. Either way, the voice of the people will be expressed in the redress of the petitioned grievance or support for the public servant in question.”

    You want to make it clear that it can work both ways, in opposition to or in support of the official.in question. You also want to set the petition requirements high enough to avoid being used to harass, but achievable if there is a clear and justifiable cause for recall. The 10-15% threshold seems like a fair number. Look at the historical averages of voter turnout, especially non-presidential and special election numbers. That will give you an idea of what kind of participation you could expect in a recall election. In most states those off year elections can struggle to get 20% turnout, some are single digits percentages. If that’s the case, you may need to lower those petition requirements. Just a ballpark, I’d say about 20% of the off year turn out average. For example, if off year turnout is 25%, set the petition requirement at 5%.

  3. Chance A Johnmeyer says:

    Florida Recall Act of 2020

    Introduction:
    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. (that’s you and I)
    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.

    PROPOSAL: 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
    2.) incompetence,
    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.

  4. Retired Sergeant Tim Hallam, NH State Prison says:

    Hey brother. I am looking at your well thought out presentation. I have ideas and will send them along. Can I have permission to make a hard copy for markup and transmission back to you?

    1. Greg Penglis says:

      Tim, we are going to talk about this bill tomorrow on Action Radio at 8 am Central time. Feel free to call in with any ideas, questions, suggestions, or amendments. Welcome to Action Radio. For the exact show link to this and all our shows, go to:

      BlogTalkRadio.com/citizenaction

  5. Chance Johnmeyer says:

    Please remove “Hey Good Morning! We have a problem in this country” Replace with “Our candidates, and elected officials must be held accountable.

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