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
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.
“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.